(Adopted by the 11th Session of the Standing Committee of the Seventh National People's Congress on December 26, 1989, promulgated by Order No.22 of the President of the People's Republic of China on December 26, 1989, and effective on the date of promulgation)
Contents
Chapter I General Provisions
Chapter II Supervision and Control on the Environment
Chapter III Protection and Improvement of the Environment
Chapter IV Prevention and Control of Environmental Pollution and Other Public Hazards
Chapter V Legal Responsibility
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1
For the purposes of protecting and improving living environment and ecological environment, preventing and controlling pollution and other public hazards, safeguarding human health and promoting the development of socialist modernization construction, this Law is enacted.
Article 2
For the purposes of this Law "environment" means the total body of all natural elements and artificially transformed natural elements affecting human existence and development, including the atmosphere, water, seas, land, minerals, forests, grasslands, wildlife, natural and human remains, nature reserves, historic sites and scenic spots, and urban and rural areas.
Article 3
This Law shall be applicable to the territory of the People's Republic of China and other sea areas under its jurisdiction.
Article 4
The environmental protection plan formulated by the State must be included in the national economic and social development plan; the State shall take economical and technological policies and measures favorable for environmental protection so as to co-ordinate the environmental protection work with economic construction and social development.
Article 5
The State shall encourage the development of education and science of environmental protection, strengthen the study and development of the science and technology of environmental protection, raise the scientific and technological level of environmental protection and popularize scientific knowledge of environmental protection.
Article 6
All units and individuals shall have the obligation to protect the environment and shall have the right to report on or file charges against units or individuals that cause pollution or damage to the environment.
Article 7
The competent administrative department of the State Council for environmental protection shall carry out unified supervision and control on the environmental protection work throughout the country.
The competent departments for environmental protection of the people's governments at or above the county level shall carry out unified supervision and control on the environmental protection work within areas under their respective jurisdiction. The administrative departments of the State for marine affairs, the harbor superintendency, the fisheries administration and fishing harbor superintendency, and the environmental protection department of the armed forces and the administrative departments of public security, transportation, railways and civil aviation at all levels shall, pursuant to the provisions of relevant laws, carry out supervision and control on the prevention and control of environmental pollution.
The competent administrative departments for land, minerals, forestry, agriculture and water conservancy of the people's governments at or above the county level shall, pursuant to the provisions of relevant laws, carry out supervision and control on the protection of natural resources.
Article 8
The people's government shall give awards to units and individuals that have made outstanding achievements in protecting and improving the environment.
Chapter II Supervision and Control on the Environment
Article 9
The competent administrative department of the State Council for environmental protection shall establish the national standards for environment quality.
in respect to items not included in the national standards for environment quality, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate their local standards and shall report them to the competent administrative department of the State Council for environmental protection for the record.
Article 10
Pursuant to the national standards for environment quality and the country's economic and technological conditions, the competent administrative department of the State Council for environmental protection shall establish the national standard 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 included in the national standards; with regard to items already included in the national standards, they may set local standards which are more stringent than the national standards and report them to the competent administrative department of the State Council for environmental protection for the record.
Any discharge of pollutants in areas where the local standards for the discharge of pollutants have been established shall be governed by such standards.
Article 11
The competent administrative department of the State Council for environmental protection shall establish a monitoring system, formulate the monitoring norm and, in conjunction with relevant departments, organize a monitoring network and strengthen the management of environmental monitoring.
The competent administrative departments of the State Council and of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for environmental protection shall periodically publish bulletins on environmental situations.
Article 12
The competent administrative departments for environmental protection of the people's governments at or above the county level shall, in conjunction with relevant departments, make an investigation and an assessment of the environmental situation within areas under their jurisdiction, draw up plans for environmental protection which shall, subject to overall balancing by the department of planning, be submitted to the people's government at the same level for approval before implementation.
Article 13
Units constructing projects that cause pollution to the environment must observe the State's regulations on environmental protection for such construction projects.
The environmental impact statement on a construction project must assess the pollution the project is likely to produce and its impact on the environment and stipulate the preventive and curative measures; the statement shall, after initial examination by the authorities in charge of the construction project, be submitted according to specified procedures to the competent administrative department for environmental protection for approval. The department of planning shall not ratify the design plan descriptions of the construction project until after the environmental impact statement on the construction project is approved.
Article 14
The competent administrative departments for environmental protection of the people's governments at or above the county level or other departments invested by law with power to conduct environmental supervision and management shall be empowered to make on-site inspections of units under their jurisdiction that discharge pollutants. The units being inspected shall truthfully report the situation to them and provide them with the necessary information. The inspecting authority shall keep confidential the technological know-how and business secrets of the units inspected.
Article 15
Work for the prevention and control of the environmental pollution and damage that involve various administrative areas shall be conducted by the relevant local people's governments through negotiation, or by decision of the people's government at a higher level through mediation.
Chapter III Protection and Improvement of the Environment
Article 16
The local people's governments at all levels shall be responsible for the environment quality of areas under their jurisdiction and take measures to improve the environment quality.
Article 17
The people's governments at all 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 distributor, 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 18
Within the scenic spots or historic sites, nature reserves and other zones that need special protection, as designated by the State Council, the relevant competent department of 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 the discharge of pollutants. If the installations that have been built discharge more pollutants than the prescribed discharge standards, such pollution shall be eliminated or controlled within a prescribed period of time.
Article 19
Measures must be taken to protect the ecological environment in the development and utilization of natural resources.
Article 20
People's governments at all levels shall strengthen protection of the agricultural environment, prevent and control soil pollution, the desertification and alkalization of land, the impoverishment of soil, the deterioration of land into marshes, earth subsidence, the damage of vegetation, soil erosion, the drying up of sources of water, the extinction of species and the occurrence and development of other ecological imbalances, extend the scale of a comprehensive prevention and control of plant diseases and insect pests, and promote a rational application of chemical fertilizers, pesticides and plant growth hormone.
Article 21
The State Council and the people's governments at all levels in coastal areas shall strengthen protection for the marine environment. The discharge of pollutants and the dumping of wastes into the seas, the construction of coastal projects, and the exploration and exploitation of offshore oil must be in compliance with legal provisions so as to guard against the pollution and damage of the marine environment.
Article 22
The urban planning shall include the targets and tasks for protecting and improving the environment.
Article 23
In urban and rural construction, vegetation, waters and the natural landscape shall be protected and attention shall be 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.
Chapter IV Prevention and Control of Environmental Pollution and Other Public Hazards
Article 24
Any unit causing environmental pollution and other public hazards shall incorporate the work of environmental protection into its plan and establish a responsibility system for environmental protection, and must have effective measures to prevent and control the pollution and harms caused to the environment by waste gas, waste water, waste residues, dust, malodorous gases, radioactive substances, noise, vibration and electromagnetic radiation generated in the course of production, construction or other activities.
Article 25
Newly-built industrial enterprises and existing industrial enterprises on technological transformation shall use facilities and processes that effect a high rate of the utilization of resources and a low rate of the discharge of pollutants, as well as economical and rational technology for the comprehensive utilization of waste materials and the treatment of pollutants.
Article 26
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. No permission shall be given for a construction project to be commissioned or used, until its installations for the prevention and control of pollution are examined and considered up to the standard by the competent administrative department for environmental protection that examined and approved the environmental impact statement.
No installation for the prevention and control of pollution may be dismantled or left idle without authorization. If it is really necessary to dismantle such installations or leave them idle, prior approval shall be obtained from the competent administrative department for environmental protection in the locality.
Article 27
Any discharge of pollutants of enterprises and institutions must be reported and registered in accordance with the regulations of the competent administrative department of the State Council for environmental protection.
Article 28
Every enterprise or institution which discharges pollutants in excess of the prescribed national or local discharge standards shall pay a fee for excessive discharge as required by the State and shall be responsible for eliminating and controlling the pollution. The provisions of the Law on Prevention and Control of Water Pollution shall be complied with where they are applicable.
The income derived from the fee levied for the excessive discharge of pollutants must be used for the prevention and control of pollution and shall not be appropriated for other purposes. The concrete measures therefor shall be devised by the State Council.
Article 29
The enterprise or institution causing severe environmental pollution shall be required to eliminate and control the pollution within a prescribed limit of time.
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, the decision on a deadline for the elimination or control of pollution shall be made by the people's government of the province, autonomous region or the municipality directly under the Central Government. For enterprises and institutions under the jurisdiction of a people's government at or below the city or county level, such decision shall be made by the people's government of the city or county. Such enterprises and institutions shall accomplish the elimination or control of pollution within the specified period of time.
Article 30
Any importation of technology or facility not up to the requirements of the country concerning environmental protection must be prohibited.
Article 31
Any unit that, as a result of an accident or any other exigency, has caused or threatens to cause an accident of pollution, must take measures without delay to prevent and control the pollution hazards, make the situation known to such units and inhabitants as are likely to be endangered by such hazards, report the case to the competent administrative department for environmental protection of the locality and the departments concerned and accept their investigation and decision.
Enterprises and institutions that are likely to cause severe pollution accidents shall adopt measures for effective prevention.
Article 32
If the safety of the lives and property of inhabitants is endangered by severe environmental pollution, the competent administrative department for environmental protection of the local people's government at or above the county level must report without delay to the local people's government. The people's government concerned shall take effective measures to remove or alleviate the hazard.
Article 33
The production, storage, transportation, sale and use of toxic chemicals and materials containing radioactive substances must comply with the relevant regulations of the State so as to prevent environmental pollution.
Article 34
No unit shall be permitted to transfer a production facility that causes severe pollution for use by a unit that is unable to prevent and control pollution.
Chapter V Legal Responsibility
Article 35
The competent administrative department for environmental protection or any other department having environmental supervision and control authority according to law may, in light of the case, impose a warn or fine on anyone who, in violation of this Law, commits one of the following acts:
1. refusing an on-site inspection by the competent administrative department for environmental protection or any other department having environmental supervision and control authority according to law, or resorting to trickery and fraud when inspected;
2. refusing to report or submitting a false report on items for which declaration is required by the competent administrative department of the State Council for environmental protection;
3. failing to pay the fee for the excessive discharge of pollutants as required by the State;
4. importing technology or facility that fails to meet the requirements of the State on environmental protection; or
5. transferring a production facility that causes severe pollution for use by a unit that is unable to prevent and control pollution.
Article 36
When a construction project is commissioned or put to use in circumstances where facilities for the prevention and control of pollution either have not been completed or fail to meet the requirements specified by the State, the competent administrative department for environmental protection responsible for the 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 thereon.
Article 37
An unit which dismantles or leaves idle any installation for the prevention and control of pollution without prior approval by the competent administrative department for environmental protection, thereby discharging pollutants in excess of the prescribed discharge standards, shall be ordered by the competent administrative department for environmental protection to set up the installation or put it to use again, and shall concurrently be fined.
Article 38
An enterprise or institution which violates this Law, thereby causing an environmental pollution accident, shall be fined by the competent administrative department for environmental protection or any other department having environmental supervision and control authority according to law in light of the consequent damage; in a serious case, the persons responsible shall be subject to administrative sanction by the unit to which they belong or by the competent government department.
Article 39
An enterprise or institution that has failed to eliminate or control pollution by the deadline as required shall, as provided for by the 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.
The fine under the preceding paragraph shall be decided by the competent administrative department for environmental protection. An order for the suspension of operations or shut-down of an enterprise or institution shall be issued by the people's government that set the deadline for the elimination or control of pollution. An order for the suspension of operations or shut-down of an enterprise or institution directly under the jurisdiction of the Central Government shall be submitted to and approved by the State Council.
Article 40
The party concerned disagreeing with the decision on administrative sanction may, within 15 days following receipt of the notification, apply for reconsideration to the department next higher to the authority that imposed the sanction; the party disagreeing with the decision of reconsideration may, within 15 days following receipt of the reconsideration decision, bring a suit before a people's court. A party may also bring a suit directly before a people's court within 15 days following receipt of the notification on the sanction. If, upon the expiration of this period, the party has not applied for reconsideration or has neither brought a suit before a people's court nor complied with the sanction, the authority that imposed the sanction may apply to the people's court for compulsory enforcement.
Article 41
An unit that has caused an environmental pollution hazard shall have the obligation to eliminate it and make compensation to the units and individuals that suffered direct losses.
A dispute over the liability to make compensation or the amount of compensation may, at the request of the parties, be settled by the competent administrative department for environmental protection or any other department having environmental supervision and control authority according to law. If a party refuses to accept the decision on the settlement, it may bring a suit before a people's court. The party may also directly bring a suit before the people's court.
If environmental pollution losses result solely from irresistible natural disasters which cannot be averted even after the prompt adoption of reasonable measures, the party concerned shall be exempted from liability.
Article 42
The limitation period for prosecution with respect to compensation for environmental pollution losses shall be three years, counted from the time when the party becomes aware of or should become aware of the pollution losses.
Article 43
If a violation of this Law causes a serious environmental pollution accident, leading to the grave consequences of heavy losses of public or private property or human injuries or death of persons, the persons directly responsible for such an accident shall be investigated for criminal responsibility according to law.
Article 44
Whoever, in violation of this Law, causes damage to natural resources like land, forests, grasslands, water, minerals, fish, wild animals and wild plants shall bear legal liability in accordance with the provisions of relevant laws.
Article 45
Any person conducting supervision and control of environmental protection who abuses his power, neglects his duty or engages in malpractice for personal gains shall be given administrative sanction by the unit to which he belongs or by the competent higher authority; if his act constitutes a crime, he shall be investigated for criminal responsibility according to law.
Chapter VI Supplementary Provisions
Article 46
If an international treaty regarding environmental protection concluded or acceded to by the People's Republic of China contains provisions differing from those contained in the laws of the People's Republic of China, the provisions of the international treaty shall apply, unless the provisions are ones on which the People's Republic of China has announced reservations.
Article 47
This Law shall enter into force on the date of promulgation. The Law of the People's Republic of China on Environmental Protection (for Trial Implementation) shall be repealed on the same date.
