|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Laws of the People's Republic of China |
[Database Search] [Name Search] [Noteup] [Help]
| Category | ENVIRONMENTAL PROTECTION | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1995-08-29 | Effective Date | 1995-08-29 |
|
Decision of the Standing Committee of the National People's Congress on Revising the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution (Attached With the First Revision of the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution) |
|---|
The 15th Meeting of the Standing Committee of the Eighth National
People's Congress has resolved to make the following amendments to the
Law of the People's Republic of China on Prevention and Control of
Atmospheric Pollution:
1. One paragraph shall be added to Article 8 as the first
paragraph: "The state shall adopt economic and technological policies
and measures which are advantageous to the prevention and control of
atmospheric pollution and to relevant comprehensive utilization
activities."
2. One article shall be added as Article 9: "The people's
governments at various levels shall strengthen the work of tree
planting and urban afforestation, and try to improve the quality of
the atmospheric environment."
3. One article shall be added as Article 15: "Enterprises shall
give priority to the adoption of clean production technology with
which a relatively high utilization ratio of energy can be realized
and the discharged pollutants can be decreased so as to reduce the
production of atmospheric pollutants.
"The state shall adopt an elimination system towards those
backward productive technologies and equipment which may cause serious
atmospheric pollution.
"The competent department of economy under the State Council, in
conjunction with other relevant departments under the State Council,
shall publish a list of technologies which may cause serious
atmospheric pollution and the adoption of which must be halted within
a specified time limit, and a list of equipment which may cause
serious atmospheric pollution and the production, sale, import and use
of which must be halted within a specified time limit.
"The producers, sellers, importers and users must, within the
time limit prescribed by the competent department of economy under the
State Council in conjunction with other relevant departments under the
State Council, stop the production, sale, import or use of any
equipment placed on the list mentioned in the preceding paragraph. The
user of such productive technology must, within the time limit
prescribed by the competent department of economy under the State
Council in conjunction with other relevant departments under the State
Council, stop the adoption of the productive technology placed on the
list mentioned in the preceding paragraph.
"The equipment eliminated under the two preceding paragraphs
shall not be transferred to others for use."
4. One article shall be added as Article 24: "The state shall
pursue coal washing processing so as to reduce the sulfur content and
ash content of coal, and shall restrict the mining of coal with high
sulfur content and high ash content. With regard to newly developed
coal mines of coal with high sulfur content and high ash content,
appropriate coal washing facilities must be installed so as to make
the coal meet the statutory standards with respect to the sulfur
content and ash content.
"With regard to those already established coal mines of coal with
high sulfur content and high ash content, appropriate coal washing
facilities must be installed within a time limit according to the
program approved by the State Council.
"The mining of coal containing poisonous and harmful substances
such as radioactive matter and arsenic in excess of the limits
prescribed by the statutory standards shall be prohibited."
5. One article shall be added as Article 25: "The people's
governments of large and medium cities shall work out a plan which
shall set a time limit within which raw coal shall progressively be
substituted by sulfur-solidified coal or other clean fuels for urban
residents' kitchen ranges."
6. One article shall be added as Article 26: "With regard to
newly built thermal power plants in urban areas, in the light of needs
and conditions, the production of heating power and the production of
electric power shall be combined, and the heating system shall be
constructed, checked and put into operation in pace with the principal
part of the project."
7. One article shall be added as Article 27: "The competent
department of environmental protection under the State Council may, in
conjunction with other departments concerned under the State Council,
in the light of natural conditions such as meteorological phenomena,
topography, soil, etc., and after approval by the State Council,
designate areas where acid rain has appeared or is likely to appear or
other areas where sulfurous anhydride pollution is serious, as acid
rain control areas or sulfurous anhydride pollution control areas.
"With regard to a thermal power plant or other large or medium
plants discharging sulfurous anhydride in acid rain control areas or
sulfurous anhydride pollution control areas, if it is a new
construction project and using coal with a low sulfur content is
impossible, it shall install the appropriate desulfurization and
cleaning facilities or adopt other measures to control the discharge
of sulfurous anhydride and make the coal clean; if it is an old plant
and does not use coal with a low sulfur content, it shall adopt
measures to control the discharge of sulfurous anhydride and make the
coal clean. The state shall encourage enterprises to adopt advanced
desulfurization and cleaning technology.
"Enterprises shall progressively adopt measures to control
nitrogen oxide produced by burning coal."
8. One article shall be added as Article 36: "Operators of
catering businesses in urban areas must comply with provisions of the
State Council concerning environmental protection with respect to the
catering trade, and take measures to protect the neighboring
residents' living environment from lampblack pollution."
9. One article shall be added as Article 38: "The state shall
encourage and support the production and use of high-grade lead-free
gasoline, and restrict the production and use of leaded gasoline.
"The competent department concerned under the State Council shall
work out a program, reducing step by step the output of leaded
gasoline till stopping the production and use of leaded gasoline."
10. One article shall be added as Article 40: "Where anyone, in
violation of provisions of Article 15 of this Law, produces, sells,
imports or uses equipment which is prohibited from production, sale,
importation and uses or adopts technology the adoption of which is
prohibited, the competent department of economy of the people's
government at or above the county level shall order the offender to
make corrections; in serious cases, the competent department of
economy of the people's government at or above the county level shall
submit suggestions for the suspension of operations or closure of the
offender to the people's government at the same level, and the latter
shall make a decision thereon within the limit of their function and
power set by the State Council."
11. The title of Chapter III shall be revised as: "Prevention and
Control of Pollution from Burning Coal."
This Decision shall go into effect as of the date of promulgation.
The Law of the People's Republic of China on Prevention and Atmopheric Pollution Malodorous Substances Article 1 This Law is formulated for the purpose of preventing and Article 2 The State Council and the local people's governments at various Article 3 The environmental protection departments of the people's The administrative departments of public security, transportation, Article 4 Units that discharge atmospheric pollutants must comply with Article 5 All units and individuals shall have the obligation to protect Article 6 The environmental protection department under the State Council The people's governments of provinces, autonomous regions and Article 7 The environmental protection department under the State Council The people's governments of provinces, autonomous regions and Units that discharge atmospheric pollutants in areas where the local Article 8 The state shall adopt economic and technological policies and Units or individuals that have made outstanding achievements in Article 9 The people's governments at various levels shall strengthen Article 10 New construction projects, extensions or reconstruction The environmental impact statement on a construction project must assess When a construction project is to be put into operation or to use, its Article 11 Units that discharge atmospheric pollutants must, pursuant to Units shall report in time on any substantial change in the categories, Article 12 If the discharge of pollutants by a unit exceeds the If an enterprise or institution causes severe atmospheric pollution, it Article 13 Within the scenic or historic sites, nature reserves and other Article 14 For enterprises or institutions under the jurisdiction of a Article 15 Enterprises shall give priority to the adoption of clean The state shall adopt an elimination system towards those backward The competent department of economy under the State Council, in The producers, sellers, importers and users must, within the time limit The equipment eliminated under the two preceding paragraphs shall not be Article 16 Any unit that, as a result of an accident or any other Under the urgent circumstances of a severe atmospheric pollution that Article 17 The environmental protection departments and other supervisory Article l8 The environmental protection department under the State Article 19 The competent department concerned under the State Council Article 20 The soot discharge of newly built industrial kilns and Article 21 Urban construction shall be conducted on the basis of overall Article 22 The relevant departments under the State Council and the local Article 23 When coal, gangue, coal cinder, coal ashes or lime is stored Article 24 The state shall pursue coal washing processing so as to reduce With regard to those already established coal mines of coal with high The mining of coal containing poisonous and harmful substances such as Article 25 The people's governments of large and medium cities shall Article 26 With regard to newly built thermal power plants in urban Article 27 The competent department of environmental protection under With regard to a thermal power plant or other large or medium plants Enterprises shall progressively adopt measures to control nitrogen oxide Article 28 The discharge of toxic waste gas and dust into the atmosphere Article 29 Inflammable gas engendered during industrial production shall The discharge into the atmosphere of converter gas, acetylene, yellow When the discharge of inflammable gas is really necessary because of the Article 30 Units that discharge sulphide-bearing gas in the process of Article 31 The discharge of gases and aerosols containing radioactive Article 32 Units that discharge malodorous gases into the atmosphere must Article 33 Units that discharge dust into the atmosphere must adopt Article 34 The burning of asphalt, asphalt felt, rubber, plastics, Article 35 In the transportation, loading and unloading, and storage of Article 36 Operators of catering businesses in urban areas must comply Article 37 Motorized vehicles and vessels shall not be permitted to Article 38 The state shall encourage and support the production and use The competent department concerned under the State Council shall work out Article 39 Any violator of this Law shall, according to the circumstances (1) refusing to report or submitting a false report on items for which (2) dismantling or leaving idle the installations for the prevention and (3) refusing an on-site inspection by the competent environmental (4) burning, in violation of Article 28 of this Law, asphalt, asphalt felt (5) failing to pay, according to state provisions, the fee for excessive Article 40 Where anyone, in violation of provisions of Article 15 of Article 41 When a construction project is put into operation or to use Article 42 An enterprise or institution that has failed to eliminate or The fine shall be decided by the competent environmental protection Article 43 An enterprise or institution which causes an atmospheric Article 44 A party refusing to accept the decision on administrative Article 45 A unit that has caused an atmospheric pollution hazard shall A dispute over the liability to make compensation or the amount of Article 46 If atmospheric pollution losses result directly from Article 47 Should a serious atmospheric pollution accident occur that Article 48 Any supervisory and management person for environmental Article 49 The environmental protection department under the State Article 50 This Law shall come into force as of June 1, 1988.
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
Control of Atmospheric Pollution shall be revised according to this
Decision and re-promulgated.
Appendix: Law of the People's Republic of China on the Prevention
and Control of Atmospheric Pollution (Adopted at the 22nd Meeting of the
Standing Committee of the Sixth National People's Congress on September
5, 1987, and amended according to the Decision of the Standing Committee
of the National People's Congress on Revising the Law of the People's
Republic of China on the Prevention and Control of Atmonpheric Pollution
promulgated on August 29, 1995)
Contents
Chapter I General Provisions
Chapter II Supervision and Management of the Prevention and Control of
Chapter III Prevention and Control of Pollution from Burning Coal
Chapter IV Prevention and Control of Pollution by Waste Gas, Dust and
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
controlling atmospheric pollution, protecting and improving people's
environment and the ecological environment, safeguarding human health, and
promoting the development of socialist modernization.
levels must incorporate the protection of the atmospheric environment into the
national economic and social development plans, make rational plans for the
distribution of industry, strengthen scientific research on the prevention and
and control of atmospheric pollution, adopt preventive and curative measures
against atmospheric pollution, and protect and improve the atmospheric
environment.
governments at various levels shall be the organs conducting unified
supervision and management of the prevention and control of atmospheric
pollution.
railways and fishery at various levels shall, by performing their respective
functions, conduct supervision and management of the atmospheric pollution
caused by motorized vehicles and vessels.
the relevant state provisions and take measures to prevent and control
pollution.
the atmospheric environment and shall have the right to report on or file
charges against units or individuals that cause pollution to the atmospheric
environment.
shall establish the national standards for atmospheric environment quality.
municipalities directly under the Central Government may establish their local
standards for items not specified in the national standards for atmospheric
environment quality and report the same to the environmental protection
department under the State Council for the record.
shall, in accordance with the national standards for atmospheric environment
quality and the country's economic and technological conditions, establish the
national standards for the discharge of atmospheric pollutants.
municipalities directly under the Central Government may establish their local
discharge standards for items not specified in the national standards for the
discharge of atmospheric pollutants; with regard to items already specified in
the national standards for the discharge of atmospheric pollutants, they may
set local discharge standards which are more stringent than the national
discharge standards and report the same to the environmental protection
department under the State Council for the record.
discharge standards have been established shall observe such local standards.
measures which are advantagious to the prevention and control of atmospheric
pollution and to relevant comprehensive utilization activities.
the prevention and control of atmospheric pollution or in the protection and
improvement of the atmospheric environment shall be rewarded by the people's
governments at various levels.
the work of tree planting and urban afforestation, and try to improve the
quality of the atmospheric environment.
Chapter II Supervision and Management of the Prevention and Control of
Atmopheric Pollution
projects which discharge atmospheric pollutants shall be governed by the state
provisions concerning environmental protection for such projects.
the atmospheric pollution the project is likely to produce and its impact on
the ecosystem and stipulate the preventive and curative measures; the
statement shall be submitted, according to the specified procedure, to the
environmental protection department concerned for examination and approval.
facilities for the prevention of atmospheric pollution must be inspected by
the environmental protection department; construction projects that do not
fulfill the requirements specified in the state provisions concerning
environmental protection for such construction projects shall not be permitted
to be put into operation or to use.
the provisions of the environmental protection department under the State
Council, report to the local environmental protection department its existing
discharge and treatment facilities for pollutants and the categories,
quantities and concentrations of pollutants discharged under normal operation
conditions and submit to the same department the relevant technical data
concerning the prevention and control of atmospheric pollutants.
quantities or concentrations of the pollutants discharged. When pollutant
treatment facilities are to be dismantled or left idle, permission from the
local environmental protection department must be obtained.
prescribed standards, it shall take effective measures to control the
pollution and pay a fee for excessive discharge according to state provisions.
The fee thus levied must be used for the prevention and control of pollution.
shall be ordered to eliminate and control the pollutants within a certain
period of time.
zones that need special protection, as designated by the State Council and the
people's governments of provinces, autonomous regions and municipalities
directly under the Central Government, no industrial production installations
that cause environmental pollution shall be built; other installations to be
built in these areas must not exceed the prescribed standards for pollutant
discharge. Enterprises and institutions which, before the enforcement of this
Law, have built installations discharging more pollutants than those specified
by the prescribed discharge standards shall be ordered to eliminate and
control such pollution within a certain period of time.
people's government at or below the city or county level, a deadline for the
elimination or control of pollution shall be proposed by the environmental
protection department of the people's government at the city or county level
and shall be reported to the people's government at the corresponding level
for decision. For enterprises and institutions directly under the jurisdiction
of the Central Government or the people's government of a province, an
autonomous region or a municipality directly under the Central Government,
such a deadline shall be proposed by the environmental protection department
of the people's government of a province, an autonomous region or a
municipality directly under the Central Government and shall be reported to
the people's government at the corresponding level for decision.
production technology with which a relatively high utilization ratio of
energy can be realized and the discharged pollutants can be decreased so as
to reduce the production of atmospheric pollutants.
productive technologies and equipment which may cause serious atmospheric
pollution.
conjunction with other relevant departments under the State Council, shall
publish a list of technologies which may cause serious atmospheric pollution
and the adoption of which must be halted within a specified time limit, and a
list of equipment which may cause serious atmospheric pollution and the
production, sale, import and use of which must be halted within a specified
time limit.
prescribed by the competent department of economy under the State Council in
conjunction with other relevant departments under the State Council, stop the
production, sale, import or use of any equipment placed on the list mentioned
in the preceding paragraph. The user of such productive technology must,
within the time limit prescribed by the competent department of economy under
the State Council in conjunction with other relevant departments under the
State Council, stop the adoption of the productive technology placed on the
list mentioned in the preceding paragraph.
transferred to others for use.
exigency, discharges or leaks toxic or harmful gas or radioactive substances,
thereby causing or threatening to cause an accident of atmospheric pollution
and jeopardize human health, must promptly take emergency measures to prevent
and control the atmospheric pollution hazards, make the situation known to
such units and inhabitants as are likely to be endangered by the atmospheric
pollution hazards, report the case to the local environmental protection
department and accept its investigation and disposal.
jeopardizes human health and safety, the local people's government must take
compulsory emergency measures, including ordering the pollutant discharging
units concerned to stop the discharge of pollutants.
and management departments shall be empowered to make on-site inspections of
units under their jurisdiction that discharge pollutants. The units being
inspected must truthfully report the situation to them and provide them with
the necessary information. The inspecting authorities shall have the
obligation to keep confidential the technological know-how and business
secrets of the units inspected.
Council shall set up a monitoring system for atmospheric pollution, organize
a monitoring network and work out unified monitoring measures.
Chapter III Prevention and Control of Pollution from Burning Coal
shall, pursuant to the standards for boiler soot discharge prescribed by the
state, stipulate corresponding requirements in the boiler quality standards;
boilers that do not meet the prescribed requirements shall not be permitted to
be manufactured, sold or imported.
newly installed boilers shall not exceed the prescribed discharge standards.
planning, the unified provision of heat sources and the development of
central heating.
people's governments at various levels shall adopt measures to improve the
urban fuel structure, develop urban gas supply, and popularize the production
and utilization of shaped coal.
in densely inhabited areas, fire and dust prevention measures must be taken
in order to prevent atmospheric pollution.
the sulfur content and ash content of coal, and shall restrict the mining of
coal with high sulfur content and high ash content. With regard to newly
developed coal mines of coal with high sulfur content and high ash content,
appropriate coal washing facilities must be installed so as to make the coal
meet the statutory standards with respect to the sulfur content and ash
content.
sulfur content and high ash content, appropriate coal washing facilities must
be installed within a time limit according to the program approved by the
State Council.
radioactive matter and arsenic in excess of the limits prescribed by the
statutory standards shall be prohibited.
work out a plan which shall set a time limit within which raw coal shall
progressively be substituted by sulfur-solidified coal or other clean fuels
for urban residents' kitchen ranges.
areas, in the light of needs and conditions, the production of heating power
and the production of electric power shall be combined, and the heating
system shall be constructed, checked and put into operation in pace with the
principal part of the project.
the State Council may, in conjunction with other departments concerned under
the State Council, in the light of natural conditions such as meteorological
phenomena, topography, soil, etc., and after approval by the State Council,
designate areas where acid rain has appeared or is likely to appear or other
areas where sulfurous anhydride pollution is serious, as acid rain control
areas or sulfurous anhydride pollution control areas.
discharging sulfurous anhydride in acid rain control areas or sulfurous
anhydride pollution control areas, if it is a new construction project and
using coal with a low sulfur content is impossible, it shall install the
appropriate desulfurization and cleaning facilities or adopt other measures
to control the discharge of sulfurous anhydride and make the coal clean; if
it is an old plant and does not use coal with a low sulfur content, it shall
adopt measures to control the discharge of sulfurous anhydride and make the
coal clean. The state shall encourage enterprises to adopt advanced
desulfurization and cleaning technology.
produced by burning coal.
Chapter IV Prevention and Control of Pollution by Waste Gas, Dust and
Malodorous Substances
shall be strictly restricted. When such discharge is really necessary, the
discharged gas or dust shall undergo purification treatment and shall not
exceed the prescribed discharge standards.
be recovered for utilization; if such gas is discharged into the atmosphere
due to the absence of the means of recovery for utilization, it shall undergo
treatment for the prevention and control of pollution.
phosphoric tail gas engendered by the electric furnace process, and organic
hydrocarbon tail gas must be reported to the local environmental protecttion
department for approval.
malfunctioning of the recovery and re-use installations, the inflammable gas
discharged shall be fully burnt, or other measures shall be taken, to reduce
atmo atmospheric pollution.
refining petroleum, producing synthetic ammonia or coal gas, cooking fuel coal
and smelting non-ferrous metal shall be equipped with desulfurizing
installations or shall adopt other measures for desulfurization.
substances into the atmosphere must comply with state provisions on
radioactivity protection and must not exceed the prescribed discharge
standards.
take measures to prevent the pollution of neighboring residential areas.
measures to remove such dust.
leather and other materials that may produce toxic or harmful smoke or dust or
malodorous gases in densely inhabited areas shall be prohibited; when, under
special circumstances, such burning is really necessary, it must be reported
to the local environmental protection department for approval.
substances that may diffuse toxic or harmful gases or dust, sealing or other
protective measures must be taken.
with provisions of the State Council concerning environmental protection
with respect to the catering trade, and take measures to protect the
neighboring residents' living environment from lampblack pollution.
discharge atmospheric pollutants in excess of the prescribed discharge
standards; measures shall be taken to deal with motorized vehicles and vessels
that discharge atmospheric pollutants in excess of the prescribed discharge
standards. Automobiles that discharge pollutants in excess of the national
discharge standards shall not be permitted to be manufactured, sold or
imported. Specific measures for supervision and management shall be formulated
by the State Council.
of high-grade lead-free gasoline, and restrict the production and use of
leaded gasoline.
a program, reducing step by step the output of leaded gasoline till stopping
the production and use of leaded gasoline.
Chapter V Legal Liability
of the case, be warned or fined by the competent environmental protection
department or another supervisory and management department for any of the
following acts:
registration is required by the environmental protection department under the
State Council for the discharge of pollutants;
control of pollutants without prior approval by the environmental protection
department, or discharging pollutants in excess of the prescribed discharge
standards;
protection department or another supervisory and management department, or
resorting to trickery and fraud during inspection;
and other substances that produce toxic or harmful smoke or dust or malodorous
gases in densely inhabited areas; or
discharge of pollutants.
this Law, produces, sells, imports or uses equipment which is prohibited
from production, sale, importation and uses or adopts technology the adoption
of which is prohibited, the competent department of economy of the people's
government at or above the county level shall order the offender to make
corrections; in serious cases, the competent department of economy of the
people's government at or above the county level shall submit suggestions
for the suspension of operations or closure of the offender to the people's
government at the same level, and the latter shall make a decision thereon
within the limit of their function and power set by the State Council.
in circumstances where its facilities for the prevention and control of
atmospheric pollution either have not been completed or fail to meet the
requirements specified in the state provisions concerning environmental
protection for such a construction project, the environmental protection
department responsible for the examination and approval of the environmental
impact statement on the construction project shall order the suspension of
its operations or use and may concurrently impose a fine.
control pollution by the deadline as required shall, as provided for by state,
pay a fee for excessive discharge; in addition, a fine may be imposed on it
on the basis of the damage incurred, or the enterprise or institution may be
ordered to suspend its operations or close down.
department. An order for the suspension of operations or closure of an
enterprise or institution shall be issued by the people's government that set
deadline for the elimination or control of pollution. An order for the
suspension of operations or closure of an enterprise or institution directly
under the jurisdiction of the Central Government shall be submitted to and
approved by the State Council.
pollution accident through violation of this Law shall be fined by the
competent environmental protection department on the basis of the damage
incurred. ln serious cases, the persons responsible shall be subject to
administrative sanctions by the unit to which they belong or by a higher
competent authority.
sanction may bring a suit before a people's court within 15 days of
receiving the notification on such a decision. If, upon the expiration of this
period, the party has neither brought a suit nor complied with the decision,
the organ which imposed the sanction may apply to the people's court for
compulsory enforcement.
have the responsibility of removing the hazard and of making compensation to
the units or individuals that have suffered direct losses.
compensation may, at the request of the parties, be settled by an
environmental protection department, if a party refuses to accept the
decision, it may bring a suit before a people's court. The party may also
bring a suit before the people's court directly.
irresistable natural disasters which cannot be averted even after reasonable
measures have been promptly taken, the party concerned shall be exempted
from liability.
leads to any grave consequences of heavy public or private property losses or
serious personal injuries or deaths, the criminal liability of the persons
responsible for such an accident may be investigated by applying mutatis
mutandis the provisions of Article 115 or 187 of the Criminal Law.
protection who commits abuse of power or neglect of duty shall be subject to
administrative sanction; if his act constitutes a crime, his criminal
liability shall be investigated according to law.
Chapter VI Supplementary Provisions
Council shall, in accordance with this Law, formulate rules for its
implementation, which shall be put into effect after being submitted to and
approved by the State Council.
URL: http://www.asianlii.org/cn/legis/cen/laws/dotscotnpcorttpacoapwtfrotlotpacoap2212