Pdf security password software control dll winforms azure wpf web forms Environmental-Protection-Law-2014-eversion0-part1068

This is an unofficial translation of the Environmental Protection Law of the People’s

Republic of China (published on 24 April 2014), compiled by the EU

–

China

Environmental Governance Programme for the convenience of international observers.

The EU

–

China Environmental Governance Programme takes no liability for any

errors in this translation. An official translation of the Law is expected to be published

by the Chinese government in due course.

The EU

–

China Environmental Governance Programme is a project funded by the

European Union.

Environmental Protection Law of the People's Republic of China

24 April 2014

The Environmental Protection Law of the People's Republic of China is a

national law formulated for the purpose of protecting and improving environment,

preventing and controlling pollution and other public hazards, safeguarding public

health, promoting ecological civilization improvement and facilitating sustainable

economic and social development.

The amended Law, adopted at the 8th Meeting of the Standing Committee of the

Twelfth National People's Congress of the People's Republic of China on April 24,

2014, is hereby promulgated and shall enter into force on January 1, 2015.

Chapter I General Provisions

Article 1. This Law is formulated for the purpose of protecting and improving

environment, preventing and controlling pollution and other public hazards,

safeguarding public health, promoting ecological civilization improvement and

facilitating sustainable economic and social sustainable development.

Article 2. "Environment" as used in this Law refers to the total body of all

natural elements and artificially transformed natural elements affecting human

existence and development, which includes the atmosphere, water, seas, land,

minerals, forests, grasslands, wetlands, wildlife, natural and human remains, nature

reserves, historic sites and scenic spots, and urban and rural areas.

Article 3. This Law shall apply to the territory of the People's Republic of China

and other sea areas under the jurisdiction of the People's Republic of China.

Article 4. The protection of environment is a basic national policy for China.

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The state shall adopt economic and technological policies and measures

favorable for conservation and circulatory use of resources, protection and

improvement of environment and harmony between human and nature, so as to

coordinate economic and social development with the work of environmental

protection.

Article 5. Activities concerning environmental protection shall adhere to the

following principles: according priority to protection, emphasis on prevention,

integrated governance, public participation and liability assumption of damages.

Article 6. All units and individuals shall have the obligation to protect the

environment.

Local people

’

s governments at various levels shall be responsible for the

environment quality within areas under their jurisdiction.

Enterprises, public institutions and any other producers/business operators shall

prevent and reduce environmental pollution and ecological destruction, and shall bear

the liability for their damage caused by them in accordance with the law.

Citizens shall enhance environmental protection awareness, adopt low-carbon

and energy-saving lifestyle, and conscientiously fulfill the obligation of

environmental protection.

Article 7. The state supports scientific and technological research, development

and application of environmental protection, encourages the development of

environmental protection industry, facilitates the environmental protection

information technologies and improves the scientific and technological level of

environmental protection science.

Article 8. The people's governments at various levels shall increase their fiscal

input in environmental protection and improvement, as well as the prevention and

control of pollution and other public hazards, and improve the efficiency of fiscal

funds.

Article 9. The people's governments at various levels shall strengthen

environmental protection publicity and dissemination, encourage self-governing

grassroot organizations, social organizations and environmental protection volunteers

to carry out the publicity of environmental protection laws, regulations and

knowledge, so as to facilitate a favorable atmosphere for environmental protection.

Educational departments and schools shall incorporate environmental protection

knowledge into the curriculum of school education so as to cultivate the

environmental protection awareness among students.

News media shall carry out the publicity of environmental protection laws,

regulations and knowledge, and facilitate the exercise of public supervision on

environmental violation activities.

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Article 10. The competent department of environmental protection

administration under the State Council shall conduct unified supervision and

management of the environmental protection work throughout the country.

The competent departments of environmental protection administration of the

local people's governments at or above the county level shall conduct unified

supervision and management of the environmental protection work within areas under

their jurisdiction.

Other relevant administrative departments of the people's governments at or

above the county level and the environmental protection departments of military units

shall conduct supervision and administration over resources conservation and

environmental pollution prevention and control in accordance with applicable laws.

Article 11. The people's government shall give awards to units and individuals

that have made outstanding achievements in protecting and improving the

environment.

Article 12. June 5

is designated as Environment Day.

Chapter II Supervision and Management

Article 13. The people's governments at or above the county level shall include

environmental protection work into their respective economic and social development

planning.

The competent environmental protection administration under the State Council

shall develop national environmental protection plan in accordance with national

economy and social development plan, and submit to State Council for approval and

issuance for implementation.

The competent environmental protection administrations of local people's

governments at or above the county level shall, in conjunction with other relevant

departments, develop the environmental protection plans applicable for their

respective jurisdictions in accordance with the national environmental protection plan,

and submit to people's governments at the same level for approval, and thereafter the

promulgation for implementation.

The environmental protection plans shall include objectives, tasks and

safeguarding measures, etc. for ecological environmental protection and

environmental pollution prevention and control, and shall align with the planning on

main functional zones, overall land use, and urban and rural development.

Article 14. When developing economic and technical policies, relevant

departments of the State Council and people's governments of provinces, autonomous

regions and municipalities directly under the Central Government shall take into full

account their environmental impacts, and solicit opinions from experts and relevant

stakeholders.

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Article 15. The competent department of environmental protection

administration under the State Council shall establish national standards for

environment quality.

The people's governments of provinces, autonomous regions and municipalities

directly under the Central Government may establish their local environment quality

standards for items not specified in the national standards for environment quality,

and develop more stringent standards with regard to items already specified in the

national standards. Local environmental quality standards shall be reported to the

competent department of environmental protection administration under the State

Council for the record.

The State encourages researches and studies of environmental baselines.

Article 16. The competent department of environmental protection

administration under the State Council shall, in accordance with the national standards

for environment quality and the country's economic and technological conditions,

establish the national standards for the discharge of pollutants.

The people's governments of provinces, autonomous regions and municipalities

directly under the Central Government may establish their local standards for the

discharge of pollutants for items not specified in the national standards; and develop

more stringent standards with regard to items already specified in the national

standards. Local pollutants discharge standards shall be reported to the competent

department of environmental protection administration under the State Council for the

record.

Article 17. The State shall establish and improve the environmental monitoring

system. The competent departments of environmental protection administration under

the State Council shall formulate monitoring standards, and shall, in conjunction with

relevant departments, organize a monitoring network, unify the planning of national

environmental quality monitoring stations (posts), set up information sharing system

for monitoring data, and strengthen the management of environmental monitoring.

Environmental quality monitoring stations (posts) of relevant industries and

professions shall be established in compliance with relevant laws, regulations and

monitoring standards.

Monitoring agencies shall use monitoring equipment in conformity with national

standards, and comply with monitoring standards. The persons in charge of the

monitoring agencies shall be responsible for the truthfulness and accuracy of their

monitoring data.

Article 18. The people's governments at or above the provincial level shall

organize relevant departments or entrust professional institutions to make an

investigation and an assessment of the environmental situation, and establish a

monitoring and warning system for environmental resources carrying capacity.

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Article 19. Compilation of draft development plans and construction of projects

with environmental impacts shall be subject to environmental impact assessment in

accordance with the law.

Development plans without environmental impact assessment developed in

accordance with the law are prohibited to be implemented. Construction projects

without environmental impact assessment developed in accordance with the law shall

not commence to construct.

Article 20. The State shall establish inter-jurisdiction joint prevention and control

coordination mechanism for environmental pollution and ecological damage of key

regions and river basins to implement unified planning, standards, monitoring and

prevention and control measures.

Inter-jurisdiction environmental pollution and ecological damage other than

defined in the preceding paragraph of the provisions shall be resolved by coordination

at higher level people’s government

or consultation from relevant department of local

people's governments.

Article 21. The State adopts policies and measures in terms of fiscal assistance,

taxation, prices and government procurement to encourage and support the

environmental industries such as environmental protection equipment, comprehensive

utilization of resources technics, environmental services and etc.

Article 22. Where enterprises, public institutions and other producers and

business operators achieve further pollution reduction beyond statutory discharge

standards, relevant people's governments shall extend encouragement and support

thereto with policies and measures in terms of fiscal assistance, taxation, prices,

government procurement, etc. in accordance with the law.

Article 23. Where enterprises, public institutions and other producers and

business operators, with the aim of improving the environment, shift business lines or

relocate business premises or close down in accordance with the requirements,

relevant people's governments shall provide support.

Article 24. Competent environmental protection administrations

of the people ’s

governments at or above the county level, environmental supervisory institutions

entrusted thereof and other departments that are responsible for environmental

supervision and administration shall be entitled to carry out on-site inspection of the

enterprises, public institutions and other producers and business operators that

discharge pollutants. The units inspected shall truthfully report relevant situations and

provide necessary information. The departments, institutions and staff thereof that

conduct on-site inspection shall keep confidential the business secrets of the units

inspected.

Article 25. Where enterprises, public institutions and other producers and

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business operators discharge pollutants in violation of laws and regulations, which

may cause potential severe pollution, competent environmental protection

administrations of the people

’s gov

ernments at or above the county level and other

departments that are responsible for environmental supervision and administration

may seal up and detain the facilities and equipment that discharge pollutants.

Article 26. The State adopts environmental protection target accountability and

performance evaluation system. People's governments at or above the county level

shall incorporate the fulfillment of environmental protection target as an appraisal

criteria into the performance evaluation system for the departments with

environmental supervision responsibilities at the same level government and their

responsible persons, as well as performance evaluation for the lower level

governments and their responsible persons. The evaluation results shall be made

public.

Article 27. The people's governments at or above the county level shall report, on

an annual basis, the environmental conditions and the completion of environmental

protection targets to the people's congress at the same level or its standing committee.

They shall also promptly make reports to the standing committee of the people

’s

congress at the same level on major environmental incidents, and receive supervision

in accordance with the law.

Chapter III Protection and Improvement of the Environment

Article 28. Local people's governments at various levels shall take effective

measures to improve environmental quality according to environmental protection

goals and governance tasks,

Local people's governments of key regions and river basins that fail to meet

national environmental quality standards shall formulate plans to reach relevant

standards within a prescribed time period, and take measures to achieve the

compliance target on time.

Article 29. The State defines ecological redline for strict protection on key

ecological functional zones, areas of sensitive and fragile ecological environment.

The people's governments at various levels shall take measures to protect regions

representing various types of natural ecological systems, regions with a natural

distribution of rare and endangered wild animals and plants, regions where major

sources of water are conserved, geological structures of major scientific and cultural

value, famous regions where karst caves and fossil deposits are distributed, traces of

glaciers, volcanoes and hot springs, traces of human history, and ancient and precious

trees. Damage to the above shall be strictly forbidden.

Article 30. Exploitation and utilization of natural resources shall be developed in

a rational way that conserves biological diversity and safeguards ecological security.

Ecological protection and restoration programs shall be developed in accordance with

laws and be implemented.

For introduction of exotic species as well as the research, development and

utilization of biotechnology, effective measures shall be taken to prevent destruction

of biodiversity.

Article 31. The State shall establish and improve ecological protection

compensation mechanism.

The State will increase fiscal transfer to areas of ecological protection. Relevant

local people’s governments shall

secure compensation funds for ecological protection,

and ensure its use on ecological compensation.

The State provides

guidance to the local people’s governments of benefi

ciary

areas and ecological protected areas on ecological compensation through consultation

or market rules.

Article 32. The State shall strengthen the protection of atmosphere, water and

soil, establish and improve the corresponding investigation monitoring, assessment

and remediation systems.

Article 33. The people's governments at various levels shall enhance the

protection of the agricultural environment, promote the application of new

technologies for agricultural environmental protection, strengthen the monitoring and

early warning system for agricultural pollution sources, and coordinate relevant

departments to take measures to prevent the occurrence and deterioration of soil

pollution, desertification, salinization, impoverishment, rocky desertification, and

ground subsidence, prevent and control vegetation damage, soil erosion, water

eutrophication, water depletion, provenance extinction and other ecological

imbalances, and promote integrated plant pest management.

The people's governments at the county and township level shall raise the level

of public services for rural environmental protection, and implement comprehensive

rural environment management.

Article 34. The State Council and the people's governments at various levels in

coastal areas shall provide better protection for the marine environment. The

discharge of pollutants and the dumping of wastes into the seas, and the construction

of coastal projects and marine projects shall be conducted in compliance with

provisions of laws and regulations and relevant standards, so as to guard against and

reduce the pollution and damage of the marine environment.

Article 35. In urban and rural construction, vegetation, waters and the natural

landscape shall be protected and attention paid to the construction of gardens, green

land and historic sites and scenic spots in the cities in the light of the special features

of the local natural environment.

The State encourages and guides citizens, legal persons and other organizations

to procure environmental-friendly products and recycled products to reduce waste

generation.

State authorities and other institutions financed by fiscal funds shall give priority

to the purchase and use of energy-efficient, water-saving, materials-saving products,

equipment and facilities that support environmental protection.

Article 36. The State shall encourage and guide citizens, legal persons and other

organizations to use environmental-friendly products and recycled products to reduce

waste generation.

Article 37. Local people's governments at various levels shall take measures to

organize the sorting and separation, as well as the recycling of municipal solid waste.

Article 38. Citizens shall abide by environmental protection laws and regulations,

support the implementation of environmental protection measures, conduct sorting

and separation of municipal solid waste in accordance with relevant regulations, and

reduce damage to environment of daily life.

Article 39. The State shall establish and improve environment and health

monitoring, investigation and risk assessment systems; encourage and organize

researches on environmental quality impacts to public health, and adopt measures to

prevent and control diseases related to environmental pollution.

Chapter IV Prevention and Control of Pollution and Other Public Hazards

Article 40. The State shall promote clean production and resources recycling.

Relevant departments of the State Council and local people’s governments

various levels shall adopt measures to promote the production and use of clean

energy.

Enterprises shall give priority to the introduction of clean energy, adopt process

and facilities with higher resource efficiency as well as low pollution discharges, and

apply comprehensive waste utilization technologies and waste disposal technologies

to reduce pollutant generation.

Article 41. Installations for the prevention and control of pollution at a

construction project must be designed, built and commissioned together with the

principal part of the project. Installations of the pollution prevention and control

facility shall comply with the requirements of the approved environmental impact

assessment report, and shall not be dismantled or left idle without authorization.

Article 42. Enterprises, public institutions and other producers and business

operators that discharge pollutants shall take measures to prevent and control the

environmental pollution caused by waste gas, waste water, waste residues, dust,

malodorous gases, radioactive substances and noise, vibration and electromagnetic

radiation generated during production, construction or other activities.

Enterprises and public institutions that discharge pollutants shall each establish

an environmental protection accountability system to identify the responsibilities of

their persons-in-charge and relevant staff.

Key pollutant-discharging entities shall install and use monitoring equipment in

accordance with relevant national provisions and monitoring guidelines, guarantee

their normal operations, and shall properly keep the original monitoring records.

Discharging of pollutants by setting up concealed drains, making use of seepage

wells or pits, perfusion, tampering or forgery of monitoring data, abnormal operating

of pollution prevention and control facilities, or any other means that evade regulation,

is strictly prohibited.

Article 43. Enterprises, public institutions and other producers and business

operators that discharge pollutants shall pay pollution fees in accordance with relevant

state provisions. Pollution fees collected shall be exclusively used for environmental

pollution prevention and control, and shall not be withheld, misappropriated or

diverted for any other purposes by any entity or individual.

Pollution fee does not apply to those that are subject to environmental protection

tax.

Article 44. The State shall adopt total emission control system for key pollutants.

The total discharge quota of key pollutants is assigned by the State Council, and

allocated to provincial, autonomous region and provincial-level municipality

governments for implementation. While conforming to national and local pollutants

discharge standards, enterprises and institutions shall also fulfill the total emission

control quota for key pollutants as assigned to them.

For regions that fail to fulfill the total emission control quota or achieve the

environmental quality targets assigned by the State, environmental departments at or

above provincial level governments shall suspend the EIA approval for their new

construction projects that may cause increase of the total key pollutants emission in

the region.

Article 45. The State shall adopt pollution administrative permit system in

accordance with the law. Enterprises, public institutions and other producers and

business operators pursuant to pollution permit system shall discharge pollutants in

accordance with the requirements of their permits; No pollutant discharge is allowed

without a pollutant discharge permit.

Article 46. The State shall implement elimination system for pollution-intensive

techniques, equipment and products. No entities or individuals shall produce, sell,

transfer or use techniques, equipment and products that seriously pollute the

environment. Technology, equipment, material or product that fails to meet national

environmental protection standards are prohibited of importation.

Article 47. The people's governments at various levels, their relevant

departments, enterprises and public institutions shall, in accordance with the

Emergency Response Law of the People's Republic of China, conduct proper risk

control, emergency preparation, emergency response and post-emergency restoration

for environmental accidents.

The people’s governments

at or above county level shall establish public

monitoring and warning system for environmental pollution, and organize the

development of early warning scheme; in the event of pollution emergency with

impact to public health and environmental security, timely announcement of warning

information and emergency response measures shall be taken by the competent

government administrations in accordance with the law.

Enterprises and public institutions shall formulate emergency response plans in

accordance with relevant national regulations to submit to competent environmental

protection administrations and other relevant departments for record-filing. In case of

occurrence (or potential occurrence) of environmental accidents, enterprises and

institutions shall take immediate measures to handle the situation, timely inform units

and residents that are potentially affected and report to the competent environmental

authorities and other relevant departments.

After the completion of the emergency response work, the relevant people's

government shall immediately organize the assessment of the environmental impacts

and loss, and disclose the assessment results to the public in a timely manner."

Article 48. The production, storage, transportation, sale and use of toxic

chemicals and materials containing radioactive substances shall comply with the

relevant state provisions so as to prevent environmental pollution.

Article 49. The people's governments at various levels and their agriculture and

other relevant departments and agencies shall guide agricultural producers and

operators to conduct scientific cultivation and plantation, rationally apply cultivating

additions such as pesticides and fertilizers, and properly handle agricultural wastes

including agricultural films and crop straw and prevent non-point sources agricultural

pollution.

It is prohibited to apply solid waste and wastewater that do not conform to

standards on agricultural use and environmental protection to farmland. When

conducting pesticides, chemical fertilizers and other cultivating additions or irrigating,

measures shall be taken to prevent pollution from heavy metals and other toxic and

hazardous substances.

The site selection, construction and management of livestock and poultry farms,

breeding zones, designated slaughtering enterprises shall be in compliance with laws

and regulations. Entities and individuals engaged in livestock poultry breeding and

slaughtering shall take effective measures to dispose of manure and carcasses of

livestock, sewage and other wastes in a scientific manner to prevent environmental

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