Chapter 1 General Rules

Article 1 This Law is enacted to protect and improve the living environment and ecological environment, prevent pollution and other public hazards, protect human health, and promote the development of modern socialist industrialization.

Article 2 The term "environment" as used in this Law refers to the overall natural and artificially transformed natural factors that affect the survival and development of human society, including the atmosphere, water, ocean, land, minerals, forests, grasslands, wildlife, Monuments, cultural relics, nature reserves, scenic spots, cities and villages.

Article 3 This Law applies to the territory of the People's Republic of China and indeed other sea areas under the jurisdiction of the People's Republic of China.

Article 4 The environmental protection plan formulated by the state must be incorporated into the national economic and social development plan, and the state adopts economic and technological policies and measures conducive to environmental protection. It is the coordination of environmental protection work with economic construction and social development.

Article 5 The State encourages the development of environmental protection science education, strengthens the research and development of environmental protection science and technology, raises the level of protection science and technology, and popularizes scientific knowledge of environmental protection.

Article 6 All units and individuals have the obligation to protect the environment and have the right to report and prosecute units and individuals who pollute and damage the environment.

The environmental protection administrative department of the local people's government at or above the county level shall implement unified management of the environmental protection work in its own jurisdiction.

The State Administration of Marine Administration, port affairs supervision, fishery administration and fishing port supervision, military environmental protection departments and public security, transportation, railway, civil aviation administration departments at all levels shall supervise and manage environmental pollution prevention and control in accordance with the provisions of relevant laws.

The administrative departments of land, minerals, forestry and water conservancy of the people's governments at or above the county level shall supervise and manage the protection of resources in accordance with the provisions of relevant laws.

Article 8 The units and individuals that have made remarkable achievements in protecting and improving the environment are rewarded by the people's government.

 

Chapter 2  Environmental Supervision and Management

Article 9 The environmental protection administrative department of the State Council formulates national environmental quality standards.

The people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government may formulate local environmental standards for items not specified in the national environmental quality standards and report them to the environmental protection administrative department of the State Council for the record.

(Article 10) The competent department of environmental protection administration under the State Council is based on national environmental quality standards and national economic and technical conditions. Formulate national pollutant emission standards.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate local pollutant discharge standards for items that are not specified in the national pollutant discharge standards; . Local pollutant discharge standards must be reported to the environmental protection administrative department of the State Council for the record.

Where anyone discharges pollutants to an area where local pollutant discharge standards are already in place, the local pollutant discharge standards shall be implemented.

Article 11 The environmental protection administrative department of the State Council establishes a monitoring system, formulates monitoring specifications, organizes a monitoring network together with relevant departments, and strengthens the management of environmental monitoring.

The environmental protection administrative department of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall regularly issue environmental bulletins.

Article 12 The environmental protection administrative department of the people's government at or above the county level shall, in conjunction with relevant departments, investigate and evaluate the environmental conditions within its jurisdiction, formulate an environmental protection plan, and submit it to the people's government at the same level for approval after the planning department has comprehensively balanced it Implementation.

Article 13 The construction of environmentally polluting projects must comply with the state's regulations on environmental protection management of construction projects.

The environmental impact report of the construction project must evaluate the pollution and environmental impacts of the construction project, stipulate the prevention and control measures, and pre-examine the project authority and submit it to the environmental protection administrative department for approval in accordance with the prescribed procedures. After the environmental impact report is approved, the planning department can approve the construction project design document.

Article 14 The competent environmental protection administrative department of the people's government at or above the county level or other departments that exercise environmental supervision and management power in accordance with the law shall have the right to conduct on-site inspections of pollutant discharge units within their jurisdiction. The unit under inspection shall truthfully report the situation and provide necessary and accurate information. The inspection authority shall keep technical secrets and business secrets for the inspected authority.

Article 15 The prevention and control of environmental pollution and environmental damage across administrative regions shall be resolved by the relevant local people's governments through consultations or coordinated by the people's governments at higher levels to make decisions.

 

Chapter 3 Protection and Improvement of the Environment

Article 16 Local people's governments at various levels shall be responsible for the environmental quality of their respective jurisdictions and take measures to improve the environmental quality.

Article 17 People's governments at all levels have representative natural ecosystem areas of various types, natural distribution areas of rare and endangered wildlife, important water conservation areas, geological structures with significant scientific and cultural values, and well-known caves. And fossil distribution areas, glaciers, volcanoes, hot springs and other natural relics, as well as cultural relics, ancient trees and famous trees, measures should be taken to protect them, and their destruction is strictly prohibited.

Article 18 No industrial production facilities that pollute the environment may be constructed in scenic spots, nature reserves, and other areas that require special protection as prescribed by the State Council, relevant departments of the State Council, and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. Emissions must not exceed prescribed emission standards. For facilities that have already been constructed, if the discharge of pollutants exceeds the prescribed emission standards, they shall be treated within a time limit.

Article 19 To develop and utilize natural resources, measures must be taken to protect the ecological environment.

Article 20 People's governments at all levels shall strengthen the protection of the agricultural environment, prevent and control soil pollution, land desertification, salinization, barrenization, swampification, land subsidence, and prevention and treatment of vegetation damage, soil erosion, water depletion, extinction of provenance, and Occurrence and development of other ecological disorders, promote comprehensive control of plant diseases and insect pests, and rational use of chemical fertilizers, pesticides and plant growth hormones.

Article 21 The State Council and the local people's governments along the coast shall strengthen the protection and protection of the marine environment. To discharge pollutants and dump waste to the ocean, and carry out coastal engineering construction and offshore oil exploration and development, it is necessary to prevent pollution damage to the marine environment in accordance with the law.

Article 22 When formulating a city plan, the actual goals and tasks of protecting and improving the environment shall be determined.

Article 23 Urban and rural construction shall combine the characteristics of the local natural environment, protect vegetation, waters and natural landscapes, and strengthen the construction of urban gardens, green spaces and scenic spots.

 

Chapter 4  Prevention and Control of Environmental Pollution and Other Pollution

Article 24 Units that produce environmental pollution and other public hazards must incorporate environmental protection work into their plans and establish environmental protection responsibility systems; take effective measures to prevent waste gas, waste water, waste residue, dust, Pollution and harm to the environment from odorous gases, radioactive materials, noise, vibration, and electromagnetic wave radiation.

Article 25 The technical transformation of new industrial enterprises and existing industrial enterprises shall adopt equipment and processes with high utilization of resources and low emissions of pollutants, and economical and reasonable comprehensive waste utilization and pollutant treatment technologies.

Article 26 Measures for the prevention and control of pollution in construction projects must be designed, constructed and put into use simultaneously with the main project. The pollution prevention facilities must be checked and accepted by the environmental protection administrative department that originally approved the environmental impact report before the construction project can be put into production or use.

The facilities for pollution prevention shall not be dismantled or left idle without authorization. If it is really necessary to dismantle or leave idle, the consent of the local competent environmental protection administrative department shall be obtained.

Article 27 Enterprises and institutions that discharge pollutants must declare and register in accordance with the regulations of the environmental protection administrative department of the State Council.

Article 28 Enterprises and institutions that discharge pollutants in excess of national or local standards for pollutant discharge shall pay extra-standard pollutant discharge fees in accordance with state regulations and be responsible for governance. If the Water Pollution Control Law provides otherwise, it shall be implemented in accordance with the regulations on the prevention and control of water pollution.

The super-standard sewage charges levied must be used in the prevention and control of pollution and shall not be diverted to other purposes. The specific use methods shall be prescribed by the State Council.

Article 29 The enterprises and institutions that cause severe environmental pollution shall be treated within a time limit.

The decision of the people's government of the central, provincial, autonomous region, or municipality directly under the jurisdiction of the people's government of a province, autonomous region, or municipality directly under the Central Government or province, autonomous region, or municipality directly under the central government. The time limit for the administration of enterprises and institutions under the jurisdiction of a city, county or a people's government below the city or county shall be determined by the people's government of the city or county. The enterprises and institutions that have been governed within the time limit must complete the governance tasks as scheduled.

Article 30 It is prohibited to introduce technologies and equipment that do not meet the requirements of China's environmental protection regulations.

Article 31 Units that cause or may cause pollution accidents due to accidents or other sudden events must immediately take measures to notify units and residents that may be harmed by pollution in a timely manner, and report to the local environmental protection administrative department and relevant authorities Departments report by department and accept investigation.

的 Enterprises and institutions that may have major pollution accidents shall take measures to strengthen prevention.

Article 32 The competent environmental protection administrative department of the people's government at or above the county level must immediately report to the local people's government when the environment is seriously polluted and threatens the safety of residents ’purchasing power, life and property, and the people's government has taken effective measures to relieve or reduce the harm.

Article 33 The production, storage, transportation, sales, and use of toxic chemicals and radioactive substances must comply with relevant state regulations to prevent environmental pollution.

Article 34 No unit shall transfer production equipment that causes severe pollution to a unit that does not have the ability to prevent and control pollution.

 

Chapter 5  Legal Liability

Article 35 If one of the following acts is violated in accordance with the provisions of this law, the environmental protection administrative department or other departments that exercise environmental supervision and management rights in accordance with the law may give warnings or impose fines according to different circumstances.

(1) Rejecting on-site inspection by the competent administrative department of environmental protection or other departments that exercise the right of environmental supervision and management in accordance with the law, or making frauds when being inspected.

(2) Reporting or misrepresenting the matters related to the declaration of pollutant discharge stipulated by the environmental protection administrative department of the State Council.

(3) Those who fail to pay the extra-standard sewage charges in accordance with national regulations.

(4) The introduction of technologies and equipment that do not meet the requirements of China's environmental protection regulations

(5) Transferring production equipment that causes severe pollution to units that do not have the ability to prevent and control pollution.

Article 36 If the pollution prevention facilities of a construction project have not been completed or have failed to meet the requirements set by the state and are put into production or use, the environmental protection administrative department that approved the environmental impact report of the construction project shall be ordered to stop production or use. And fined.

Article 37 Without the consent of the competent administrative department of environmental protection, the facilities for the prevention and control of pollution are dismantled or left idle, and if the pollutant discharge exceeds the prescribed discharge standard, the competent administrative department of environmental protection shall order reinstallation and use, and impose a fine.

Article 38 For enterprises and institutions that cause environmental pollution accidents in violation of the provisions of this Law, environmental protection administrative departments or other departments that exercise environmental supervision and management rights in accordance with the law shall impose fines on the consequences of the harm; The relevant responsible personnel shall be given administrative sanctions by the unit to which they belong or the subjective organs of the government.

Article 39 For enterprises and institutions that have not completed their management tasks within the time limit and overdue, in addition to charging extra-standard sewage charges in accordance with state regulations, they may be fined according to the harmful consequences caused, or they may be ordered to suspend business or close down.

(2) The fine prescribed in the preceding paragraph shall be determined by the environmental protection administrative department. Orders to suspend or close operations shall be decided by the people's government that makes a decision on governance within a time limit. Orders to suspend or close operations of enterprises and institutions under the direct jurisdiction of the central government shall be submitted to the State Council for approval.

Article 40 If a party disagrees with an administrative penalty, he may apply for reconsideration to the authority higher than the organ that made the decision on punishment within 15 days of receiving the notice of punishment. Within 15 days from the date of the lawsuit, the people's court shall be sued. The parties may also directly sue to the people's court within 15 days of receiving the notice of punishment. If the party concerned does not apply for reconsideration, does not sue to the people's court, and fails to fulfill the decision on punishment, the organ that made the decision on punishment shall apply to the people's court for enforcement.

Article 41 Whoever causes environmental pollution hazards has the responsibility to eliminate the hazards and compensate the units or individuals who have suffered direct damages.

Disputes on compensation liability and compensation amount can be handled by the environmental protection administrative department or other departments that exercise environmental supervision and management authority in accordance with the law at the request of the parties. If the parties are not satisfied with the decision, they can sue in the people's court. The parties may also directly sue in the people's court.

Where the environmental pollution damage is still unavoidable due to irresistible natural disasters and timely and reasonable measures are taken, they shall be exempt from liability.

Article 42 The limitation period for filing a lawsuit for compensation for environmental pollution damage is three years, calculated from the time when the parties know or should know that they have suffered pollution damage.

Article 43 If a violation of the provisions of this law results in a major environmental pollution accident, resulting in serious loss of public or private property or serious consequences of personal injury or death, the person directly responsible shall be investigated for criminal responsibility in accordance with law.

Article 44 Anyone who violates the provisions of this law and causes damage to land, forest, grassland, water, minerals, fisheries, wildlife, and other resources shall bear legal responsibility in accordance with the provisions of relevant laws.

Article 45 Environmental protection supervision and management personnel who abuse their powers, neglect their duties, and engage in malpractices for personal gain shall be given administrative sanctions by their units or higher authorities; if they constitute a crime, they shall be investigated for criminal responsibility in accordance with law.

 

Chapter 6  Supplementary Provisions

Article 46 If the international conventions related to environmental protection concluded or acceded to by the People's Republic of China differ from the laws of the People's Republic of China, the provisions of the international conventions shall apply, except for the provisions that the People's Republic of China declares reserved.

Article 47 This Law shall enter into force on the date of promulgation. The "Environmental Protection Law of the People's Republic of China (Trial)" was repealed at the same time.