Laws of the Guangdong Province

Decision of the Standing Committee of the Shenzhen Municipal People' s Congress on Revising of Regulations of the Shenzhen Municipality on Comprehensive Use of Resources

(Adopted at the Thirty-Second Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on June 25, 2004, approved at the Twelfth Meeting of the Standing Committee of the Tenth Guangdong Provincial Congress on July 29, 2004)

       At the Thirty-Second Meeting, the Standing Committee of the Third Shenzhen Municipal People' s Congress deliberated the proposal of the Shenzhen Municipal People' s Government on submitting Amendments to 28 Laws and Regulations such as Regulations of the Shenzhen Special Economic Zone on Service Workers, etc. for deliberation. In order to carry out Law of the People' s Republic of China on Administrative License, it is decided that Regulations of the Shenzhen Municipality on Comprehensive Use of Resources shall be revised as follows:

       "special license" shall be crossed off.

       This decision shall take effect as of the date of promulgation.

Regulations of the Shenzhen Municipality on Comprehensive Use of Resources

(Adopted at the Twenty-Second Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on February 21, 2003; approved at the Third Meeting of the Standing Committee of the Tenth Guangdong Provincial People' s Congress on May 28, 2003; revised at the Thirty-Second Meeting of the Third Shenzhen Municipal People' s Congress on June 65, 2004; approved at the Twelfth Meeting of the Standing Committee of the Tenth Guangdong Provincial People' s Congress on July 29, 2004.)

Chapter I General Provisions

       Article 1 In order to raise the efficiency of comprehensive use of resources, prevent the waste of resources and environmental pollution, promote sustainable economic and social development, these regulations are hereby formulated in accordance with the related provisions of laws, regulations, and in the light of the practical conditions of this city.

       Article 2 These regulations shall apply to the activities of comprehensive use of resources within the administrative areas of this municipality.

       Article 3 The comprehensive use of resources referred to in these regulations shall include:

(1)   recycle and utilization of recyclable resources;

(2)   recycle and proper utilization of waste residue, waste water (liquid), waste gas, residual pressure, residual heat which come out of production and living;

(3)   comprehensive development and proper utilization of intergrowing, accompanying minerals in the exploitation of mineral resources.

The recyclable resources referred to in these regulations shall mean various waste

and old materials which have lost their original use value, but can regain their use value after recycle and process.

       Article 4 The comprehensive use of resources shall be combined with economizing on resources, preventing and controlling pollution, and developing economy, while the unity of social benefits, environmental benefits and economic results shall be upheld.

       Article 5 The governments at various levels shall encourage and support comprehensive use of resources, strengthen the publicity and direction of comprehensive use of resources, enhance the whole society' s consciousness of comprehensive use of resources, and popularize the products of comprehensive use of resources.

       Article 6 The responsible departments of economy and trade of the municipal, district governments shall be the responsible departments for comprehensive use of resources (hereinafter referred to as the responsible departments) which are in charge of supervision and management of comprehensive use of resources within the areas under this municipality' s jurisdiction.

       The functional departments of government in charge of finance, taxes, industrial and commercial administration, planning, land and resources, environmental protection, supervision of quality and technology shall be responsible for the supervision and management of comprehensive use of resources according to their functional division of labor.

Chapter II Development and Utilization

Part I General Rules

       Article 7 The governments at various levels shall give priority to popularizing the new technics, new technology, and new equipments of low energy consumption and low waste discharge, and raise the level of comprehensive use of resources.

       Article 8 Enterprises shall put clean production into general practice, control pollution, and raise the efficiency of comprehensive use of resources.

       Enterprises shall bring comprehensive use of resources into their plans of technological transformation, build and improve the facilities of comprehensive use of resources.

       Article 9 The principle of unity of the main part of a project, environmental protection, and comprehensive use of resources shall be put into implementation, and a system of feasibility evaluation of construction projects' comprehensive use of resources shall be put into practice as well.

       Article 10 The enterprises whose waste discharge may lead to pollution and damage to the environment and whose comprehensive use of resources can be done shall put into practice a system of simultaneous designing, simultaneous constructing, and simultaneous going into operation for both the project of comprehensive use of resources and the main part of the construction project.

       Article 11 When developing and producing the products of comprehensive use of resources, enterprises shall adopt advanced and proper techinics and technology, follow the state standards or the standards of an industry and those of an enterprise, and guarantee the quality of products.

       If there are standards set by the state and an industry for a product of comprehensive use of resources, the standards set by an enterprise shall not be lower than those of the state and the industry. The standards of an enterprise shall be reported to the municipal, district responsible departments and the municipal department in charge of supervision of quality and technology for record.

       Article 12 The production, sale, and use of the products of comprehensive use of resources shall be in compliance with the related laws, regulations on safe production, sanitation, quality, etc.

Part II Recycle and Utilization of Recyclable Resources

       Article 13 Government offices, enterprises, institutions and individuals shall fully utilize recyclable resources. If they cannot use these resources themselves, they shall sell the recyclable resources to the recycling operators of recyclable resources.

       Government offices, enterprises, institutions shall establish and improve a system to recycle and utilize recyclable resources and to repair and utilize old and discarded things.

       Article 14 Enterprises shall put marks of being recyclable on the conspicuous part of recyclable products and their packing materials.

       The marks of recycled products shall be put on the products made of recyclable resources or on their packages.

       The standards of the marks of being recyclable and the marks of recycled products shall be set by the municipal department in charge of supervision of quality and technology.

       Article 15 Enterprises shall be encouraged to use reusable packages and packages made of recyclable materials. The enterprises which use the products made of natural resources such as lumber, etc. as packages shall gradually adopt appropriate measures for substitution.

       Article 16 The system to standardize the size of universal large packages shall be put into practice in order to raise the efficiency of recycling and reusing as well regenerating and utilizing.

       Article 17 The manufacturers of large-scale electromechanical equipments, motor-driven conveyance, and electromechanical durable consumer goods shall put material specification labels on the main parts in order to make it convenient for classified recycle.

       Article 18 The electromechanical equipments and motor-driven conveyance which should be scrapped according to rules shall be promptly scrapped and recycled, disassembled and disposed of, and shall not be transferred for other use.

       Article 19 As to household electric appliances such as televisions, washers, refrigerators, air conditioners, etc., a system shall be put into practice to have manufacturers or agencies entrusted by the manufacturers do recycling, disassembling, regenerating and utilizing with compensation.

       Article 20 The municipal responsible department shall unitarily plan, direct, organize, and establish a recycling service system for recyclable resources. Industrial parks, residential quarters, large shopping centers, and other related areas shall set up a recycling network for recyclable resources according to the principle of rational layout and convenient sale. The network shall hang out its shingles for operation, mark the prices clearly, and normalize its services.

       Article 21 The recycle of productive waste and old metals, scrapped motor-driven vehicles shall be done under the special trade management.

       The recycling enterprises for productive waste and old metals, scrapped motor-driven vehicles shall be established according to the qualifications and procedures prescribed by the related laws, regulations of the state.

       When purchasing productive waste and old metals, scrapped motor-driven vehicles, the recycling enterprises for productive waste and old metals, scrapped motor-driven vehicles shall examine and register sellers, and submit the registration data to public security departments every month.

       The productive waste and old metals referred to in these regulations shall mean the waste and old metals coming out of construction, railroads, communication, electricity, water conservancy, municipal public facilities, and other production areas.

       Article 22 The measures on the establishment and management of other recycling enterprises of recyclable resources than those under the special trade management shall be worked out by the municipal government separately.

       Article 23 When judicial offices and departments of administrative law enforcement auction confiscated productive waste and old metals and scrapped motor-driven vehicles, buyers shall have appropriate qualifications for operation.

       Article 24 When judicial offices and departments of administrative law enforcement dispose of confiscated fake and inferior goods, comprehensive use of resources shall be considered for those goods, which meet the conditions, if there is no violation of laws and regulations.

Part III Rational Utilization of Waste Residue, Waste Water (Liquid), Waste Gas, Residual Pressure, Residual Heat, and Intergrowing, Accompanying Minerals

       Article 25 Enterprises shall make comprehensive use of waste residue, waste water (liquid), waste gas, residue pressure, residue heat coming out of their production process, build and improve the facilities for comprehensive use. If they are not able to make comprehensive use themselves, they shall support other units to do so.

       Article 26 Newly constructed, reconstructed, extended coal-fired power plants shall build the facilities of comprehensive use of flyash, and such investment shall be entered in their total budgetary estimates of projects. The coal-fired power plants already in operation shall give priority to bringing the comprehensive use of flyash into their plans of technology transformation.

       Article 27 The units discharging waste residue such as flyash, slag, etc. shall not collect fees for such unprocessed waste from the units making comprehensive use. As for the processed waste such as flyash, etc. which meet the state standards, collection of fees shall be done according to the related rules of the state.

       Article 28 All the construction projects which meet the conditions to make comprehensive use of flyash shall fully utilize flyash and its products; the design units shall bring it into their design plans; the construction units and the units in charge of construction shall ensure the comprehensive use of flyash.

       Article 29 A system of delivery, stacking and collection of the urban waste according to classification shall be put into practice in order to make full and rational use of the urban waste.

       Article 30 In accordance with the requirements of the state, province, and municipality for water saving, enterprises shall strengthen the pollution control and treatment of waste water, make full use of waste water as resources, put into practice circulating use and multiple use of water, and raise the repeatable water utilization ratio.

       Article 31 If waste liquid cannot be treated and recycled by a unit itself, the unit shall entrust an enterprise with appropriate qualifications with treatment and recycle.

       Article 32 Enterprises shall adopt advanced, appropriate technology and equipments to recycle and utilize the waste gas coming out of production; if the waste gas cannot be recycled and utilized, it shall be treated to prevent pollution.

       Article 33 Enterprises shall actively adopt the technology to recycle the residue heat, residue pressure, and raise the level of the comprehensive use of residue heat, residue pressure.

       Article 34 In the process of prospecting and mining of mineral resources, the intergrowing and accompanying minerals which are worthy to be mined and utilized shall be comprehensively prospected, evaluated, exploited and utilized, a plan shall be made unitarily, and the rate of recovery in exploitation and separation of minerals shall be raised in order to control the waste of mineral resources.

       As for both the minerals, which cannot be comprehensively exploited or comprehensively utilized in the simultaneous exploitation, and the refuse ore with usable components, the effective measures of protection shall be adopted in order to prevent the waste of resources and the environmental pollution.

Chapter III Encouragement and Support

       Article 35 The municipal, district governments shall work out preferential policies to encourage, support comprehensive use of resources.

       The municipal responsible department shall, jointly with the related departments, work out specific measures to encourage, support comprehensive use of resources according to the state rules.

       Article 36 The municipal government may establish a special fund of the development of comprehensive use of resources to support the industrial development, scientific research, education, training, and awards in comprehensive use of resources.

       Article 37 The enterprises, projects or products of comprehensive use of resources which are confirmed by the municipal responsible department jointly with the relate departments shall enjoy the preferential tax policies according to the related rules of the state, province and municipality.

       Article 38 Enterprises shall be encouraged to invest in the projects of comprehensive use of resources with high technological content. If an enterprise meets the related rules, it shall enjoy the preferential policies for the enterprises, projects and technological transformation which use high, new technology.

       Article 39 It shall be encouraged and supported to develop, produce, sell, and use the new materials, new products which are easy to be recycled, disposed of or stored up for later disposal, or degradable.

       Article 40 It shall be encouraged to produce and use the new building materials which are produced by utilization of industrial waste.

       Article 41 As for the special vehicles and ships which are used to transport the materials for comprehensive use of resources, they shall be exempt from the traffic fees according to the related rules.

       Article 42 Enterprises shall be encouraged to make comprehensive use of the fuel of low heat value such as residual heat, residual pressure, urban waste, marsh gas, etc. to produce electric power, heat.

       If a power plant of comprehensive use of resources meets the requirements for synchronization of power grids, the department of power supply shall be responsible for purchasing its electric power, and the plant shall be exempt from the charge for what have to be done for such synchronization.

       Article 43 Enterprises shall be encouraged to fully use the internet as the means of information, and to establish an E-commerce market for comprehensive use of resources.

       It shall be encouraged for different enterprises, different industries to have joint operation in comprehensive use of resources.

Chapter IV Management and Supervision

       Article 44 Comprehensive use of resources shall be brought into the plans of national economic and social development of the municipal, district people' s governments.

       Article 45 The establishment of a network of comprehensive use of resources shall be brought into urban planning. When planning the new urban areas and remoulding the old city, the municipal, district governments shall make a unitary plan, conduct comprehensive development, and undertake accessory construction for the network of comprehensive use of resources in accordance with the requirements of the special plan for comprehensive use of resources.

        Article 46 The municipal, district responsible departments shall execute the following duties:

(1)   to implement the laws, regulations, and rules on comprehensive use of resources;

(2)   to make mid-term and long-term plans as well as annual plans for comprehensive use of resources;

(3)   to formulate the policies of comprehensive use of resources, and to work out specific measures and methods to encourage and support comprehensive use of resources;

(4)   to coordinate and solve the major issues in comprehensive use of resources;

(5)   to be responsible for the work such as publicity, training, popularization, commendation, etc. in comprehensive use of resources;

The municipal responsible department shall, jointly with the related departments,

confirm the enterprises, projects, and products of comprehensive use of resources.

       Article 47 A statistical system of comprehensive use of resources shall be established according to the statistical laws of the state, specific measures shall be worked out by the municipal department of statistics jointly with the related responsible departments.

       Article 48 The municipal department in charge of supervision of quality and technology shall conduct the standardized management of the products of comprehensive use of resources in accordance with the related laws, regulations and rules on national standardization and quality.

Chapter V Legal Liabilities

       Article 49 If an enterprise, in violation of  Article 10 of these regulations, has discharged the waste which might cause pollution and damage to the environment, and failed to have simultaneous designing, simultaneous constructing, and simultaneous going into operation for both the project of comprehensive use of resources and the main part of the project, the responsible department shall instruct the construction unit to make correction by a deadline; if the correction has not been made after the deadline, a fine of one thousandth of the total investment of the main part of the project shall be imposed.

       Article 50 In case of violation of Section 1, Section 2 of Article 14 and Article 16 of these regulations by failing to put the marks of being recyclable, the marks of recycled products, or the materials specification labels, the responsible department shall order correction by a deadline; if the correction has not been made after the deadline, a fine of more than 5,000 but less than 20,000 RMB shall be imposed.

       Article 51 In case of violation of Article 18 of these regulations by transferring scrapped electromechanical equipments and motor-driven conveyance for other use, the responsible department shall confiscate these equipments and tools, and impose a fine of more than 10,000 but less than 30,000 RMB.

       Article 52 In case of violation of Section 1, Section 2 of Article 21 of these regulations by recycling productive waste and old metals, scrapped motor-driven vehicles without authorization before the establishment of a recycling enterprise according to law, the public security department shall order stopping business for rectification, confiscate illegal earnings, and impose a fine of more than 10,000 but less than 30,000 RMB.

       Article 53 In case of violation of Section 3 of Article 21 of these regulations by failing to register the sellers of productive waste and old metals, scrapped motor-driven vehicles, the public security department shall order correction by a deadline; if the correction has not been made after the deadline, a fine of 5,000 RMB shall be imposed.

       Article 54 In case of recycling the municipal public facilities or other materials when knowing that it is violating law and committing a crime, the public security department shall impose punishments according to the following rules: an enterprise shall be instructed to stop business for rectification and a fine of more than 10,000 but less than 30,000 RMB shall be imposed; an individual shall be imposed on a fine of more than 2,000 but less than 5,000 RMB. In case of violation of Regulations of the People' s Republic of China on Punishments in Public Order and Security Administration, the public department shall impose punishments according to law; if a crime has been constituted, the criminal responsibility shall be ascertained.

       Article 55 If a discharging unit, in violation of Article 27 of these regulations, has collected fees or collected fees in disguised form for unprocessed waste residue from a unit of comprehensive use of resources, the responsible department shall order stopping the collection of fees, confiscate illegal earnings, and impose a fine of more than 5,000 but less than 10,000 RMB.

       Article 56 If the personnel of the responsible departments or other departments of law enforcement have abused power, neglected duties, practiced favoritism and engaged in irregularities, administrative sanctions shall be imposed according to law; if a crime has been constituted, the criminal responsibility shall be ascertained.

Chapter VI Supplementary Provisions