(Adopted by the 22nd Session of the Standing Committee of the Eighth National People's Congress on October 29, 1996, promulgated by the Order No. 77 of the President of the People's Republic of China on October 29, 1996, and effective on March 1, 1997)
Contents
Chapter I General Provisions
Chapter II Supervision and Management of the Prevention and Control of Environmental Noise Pollution
Chapter III Prevention and Control of Industrial Noise Pollution
Chapter IV Prevention and Control of Construction Noise Pollution
Chapter V Prevention and Control of Traffic Noise Pollution
Chapter VI Prevention and Control of Pollution from Noise of Social Activities
Chapter VII Legal Liabilities
Chapter VIII Supplementary Provisions
Chapter I General Provisions
Article 1
For the purposes of preventing and controlling environmental noise pollution, protecting and improving the living environment, safeguarding human health and facilitating the economic and social development, this Law is enacted.
Article 2
"Environmental noise" as the term is used in this Law means the sound originating in the process of industrial production, construction operation, transportation and social activities, which impairs the surrounding living environment.
"Environmental noise pollution" as the term is used in this Law means the phenomenon in which environmental noise emitted exceeds the environmental noise emission standards established by the State and interferes with the normal living, working and study of others.
Article 3
This Law is applicable to the prevention and control of environmental noise pollution in the territory of the People's Republic of China.
This Law does not apply to the prevention and control of noise hazards generated in the process of production and business operation of one's own unit.
Article 4
The State Council and local people's governments at all levels shall incorporate the prevention and control of environmental noise pollution into the environmental protection program and shall adhere to the economic and technological policies and measures helpful for the protection of acoustic environment.
Article 5
Local people's governments at various levels shall, in drafting urban and rural construction plans, give full consideration to the impact of noise originated from construction projects and regional development and renovation on the surrounding living environment, make unified planning, properly arrange the functional areas and construction projects, prevent or minimize environmental noise pollution.
Article 6
The competent administrative department of the State Council for environmental protection shall conduct unified supervision and management of the prevention and control of environmental noise pollution throughout the country.
The competent administrative departments for environmental protection of the local people's governments at or above the county level shall conduct unified supervision and management of the prevention and control of environmental noise pollution within their respective administrative areas.
Departments at various levels in charge of public security, transportation, railways and civil aviation as well as harbor superintendency administration shall, within their respective spheres of competence, conduct supervision and management of the prevention and control of noise pollution originating from traffic and social activities.
Article 7
All units and persons have the obligation to protect the acoustic environment and have the right to report on and file charges against any unit or person that causes environmental noise pollution.
Article 8
The State encourages and supports scientific research and technological development relating to the prevention and control of environmental noise pollution, promotes wide adoption of advanced technology therefor, and spreads scientific knowledge about the prevention and control of such pollution.
Article 9
The people's governments shall give awards to those units and persons that have made outstanding achievements in the prevention and control of environmental noise pollution.
Chapter II Supervision and Management of the Prevention and Control of Environmental Noise Pollution
Article 10
The competent administrative department of the State Council for environmental protection shall establish the national standards for acoustic environmental quality for different functional areas.
Local people's governments at and above the county level shall, in accordance with the national standards for acoustic environmental quality, designate their respective administrative areas into zones to which different standards for acoustic environmental quality are applicable and conduct management thereof.
Article 11
The competent administrative department of the State Council for environmental protection shall, in accordance with the national standards for acoustic environmental quality and the State's economic and technological conditions, establish the national standards for environmental noise emissions.
Article 12
Urban planning departments arranging construction projects shall, in accordance with the national standards for acoustic environmental quality and sound-proof designing criteria for civil architecture, appropriately establish the noise-proof space between communications trunk lines and construction structures and put forward corresponding requirements on planning and designing.
Article 13
Every project to be constructed, renovated or expanded must conform to the regulations of the State on environmental protection therefor.
The unit constructing a project that is likely to cause environmental noise pollution must submit an environmental impact statement including the measures for the prevention and control of such pollution, and report it, according to the procedures prescribed by the State, to the competent administrative department for environmental protection for approval.
The environmental impact statement shall include comments and opinions of the units and residents in the place where the construction project is located.
Article 14
Facilities for the prevention and control of environmental noise pollution of a construction project must be designed, built and put into use simultaneously with the main project.
Prior to putting a construction project into production or use, its facilities for the prevention and control of environmental noise pollution must be inspected by the competent administrative department for environmental protection which originally approved the environmental impact statement; if such facilities are found not meeting the requirements laid down by the State, the construction project may not be put into production or use.
Article 15
Enterprises and undertaking units that generate environmental noise pollution must maintain the normal operation and use of facilities for the prevention and control of environmental noise pollution; whoever intends to dismantle or leave idle such facilities must report the matter in advance to the competent administrative department for environmental protection of the local people's government at or above the county level for approval.
Article 16
Any unit causing environmental noise pollution shall take measures for eliminating and controlling the pollution and pay fees for excessive emissions according to the regulations of the State.
The fees collected from excessive emission must be used for the prevention and control of pollution and may not be appropriated for any other use.
Article 17
Any enterprise or undertaking unit that causes serious environmental noise pollution within an area where noise-sensitive construction structures concentrate shall be ordered to eliminate and control the pollution by the specified deadline.
The unit which is ordered to eliminate and control the pollution by the specified deadline must accomplish such elimination and control as ordered. The decision for such elimination and control shall be made by the people's government at or above the county level within the limits of its power prescribed by the State Council.
In the case of a small enterprise or undertaking unit being ordered to eliminate and control the pollution by the specified deadline, the people's government at or above the county level may, within the limits of its powers prescribed by the State Council, authorize its competent administrative department for environmental protection to make a decision therefor.
Article 18
The State shall adhere to an elimination system for backward equipment that cause serious environmental noise pollution.
The competent comprehensive economic department of the State Council shall, together with relevant departments of the State Council, announce and publish the catalog of equipment causing serious environmental noise pollution and being forbidden to be manufactured, marketed or imported by the specified deadline.
Manufacturers, sellers and importers must stop manufacturing, marketing or importing those equipment included in the catalog under the preceding paragraph by the deadline specified by the competent comprehensive economic department of the State Council together with relevant departments of the State Council.
Article 19
In a case where sporadically strong noise is unavoidable in the production activities undertaken within the urban area, prior application must be submitted to the local public security organ, only with approval can such activities be conducted. The local public security organ shall make public announcement thereon.
Article 20
The competent administrative department of the State Council for environmental protection shall establish the monitoring system relating to environmental noise, formulate the norms of such monitoring, and prepare a monitoring network together with relevant departments.
The monitoring organizations of environmental noise shall, as required by the competent administrative department of the State Council for environmental protection, submit and report the results of environmental noise monitoring.
Article 21
The competent administrative departments for environmental protection of the people's governments at or above the county level and other departments and organizations responsible for the supervision and management of the prevention and control of environmental noise pollution shall, within their fields of competence, have the power to conduct on-spot inspections on the units emitting environmental noise located within the areas under their jurisdiction. Units to be inspected must give true account on the actual situation and provide necessary data and materials. The departments and organizations conducting such supervision shall keep confidential the technology secrets and business secrets of the units being inspected.
The inspectors shall produce their credentials at the time when conducting on-spot inspections.
Chapter III Prevention and Control of Industrial Noise Pollution
Article 22
"Industrial noise" as the term is used in this Law means the sound generated by the permanent equipment used in the process of industrial production, which impairs the surrounding living environment.
Article 23
The industrial noise emission into the surrounding living environment within the urban areas shall conform to the environmental noise emission standards established by the State for the boundary of industrial enterprises.
Article 24
Any industrial enterprise which causes environmental noise pollution due to the use of permanent equipment in the process of industrial production must, in accordance with the regulations of the competent administrative department of the State Council for environmental protection, report to the competent administrative department for environmental protection of the local people's government at or above the county level the types and quantity of their equipment that generate environmental noise pollution, the noise level generated under the normal operation and information about facilities for the prevention and control of environmental noise pollution, and provide technical data and information relating to the prevention and control of noise pollution.
Whoever intends to make a substantial change in the types or quantity of equipment that generate environmental noise pollution, the noise level or facilities for the prevention and control must file a report without delay and take proper measures therefor.
Article 25
Industrial enterprises causing environmental noise pollution shall take effective measures to minimize the impact of noise on the surrounding living environment.
Article 26
The competent departments concerned of the State Council shall, in accordance with the requirements on the protection of acoustic environment and the State's economic and technological conditions, gradually set the noise limits in the national standards and industrial standards established according to law for those industrial equipment that might generate environmental noise pollution.
The noise level generated by the industrial equipment in operation under the preceding paragraph shall be specified in the relevant technical documents.
Chapter IV Prevention and Control of Construction Noise Pollution
Article 27
"Construction noise" as the term is used in this Law means the sound emitted in the process of construction operation that impairs the surrounding living environment.
Article 28
The construction noise emission into the surrounding living environment within the urban areas shall conform to the environmental noise emissions standards established by the State for the boundary of the construction site.
Article 29
The unit in charge of construction which, in the construction operation, is likely to cause environmental noise pollution due to the use of machinery and equipment, must report, 15 days prior to the commencement of the construction, to the competent administrative department for environmental protection of the local people's government at or above the county level in the place where the construction is located the name and site of it, time duration, the possible level of environmental noise and the measures taken for the prevention and control of such pollution.
Article 30
Within the urban areas where noise-sensitive construction structures concentrate, it is forbidden to carry out any construction operation that causes environmental noise pollution during night time with the exception of emergency repair, rescue operations or continued operations required by the production technique or by special needs.
Whoever has to conduct continued operation due to special needs must have a permit issued by the people's government at or above the county level or by its relevant competent department.
Night time operation under the preceding paragraph must be made known to the local residents.
Chapter V Prevention and Control of Traffic Noise Pollution
Article 31
"Traffic noise" as the term is used in this Law means the sound generated by such means of transport as motor vehicles, locomotives, motor vessels and aircraft in motion, which impairs the surrounding living environment.
Article 32
It is forbidden to manufacture, market or import automobiles generating noise in excess of the specified noise level.
Article 33
Mufflers and horns of motor vehicles driving within the urban areas must conform to the requirements laid down by the State. Motor vehicles must be properly repaired and maintained in order to maintain excellent technical performance and to prevent and control environmental noise pollution.
Article 34
Motor vehicles driving within the urban areas, motor vessels navigating in the waters within the urban areas, and locomotives running through or entering the urban areas or sanatorium areas must use sound apparatus according to regulations.
The installation and use of alarming sirens on such motor vehicles as police cars, fire engines, engineering rescue vehicles and ambulances must conform to the regulations of the public security department of the State Council. It is forbidden to use the alarming sirens unless performing emergency tasks.
Article 35
The public security organs of municipal people's governments may, in line with the needs of regional acoustic environment protection of their local urban areas, designate no-motor-vehicle zone and no-horn road sections and hours, and make public announcement thereon.
Article 36
In constructing expressways, urban overhead roads and light-track lines traversing areas where noise-sensitive construction structures have already been constructed, that are likely to cause environmental noise pollution, sound barriers shall be established or other effective measures shall be taken to control environmental noise pollution.
Article 37
The units constructing noise-sensitive construction structures on both sides of the existing urban communications trunk lines shall, in accordance with the regulations of the State, keep such structures a certain space away from the lines and take measures to mitigate and avoid the impact of traffic noise.
Article 38
Whoever intends to use loudspeakers to direct operations at transport terminals, railway marshal yards, ports, docks and airports, shall control the sound volume so as to minimize the noise impact on the surrounding living environment.
Article 39
In cases where locomotives running on railways lines traversing the urban residential, cultural and education districts cause environmental noise pollution, the local municipal people's governments shall organize the railway departments and other relevant departments to work out plans on the mitigation of such pollution. The railway departments and other relevant departments shall, as required by such plans, take effective measures to mitigate environmental noise pollution.
Article 40
With the exception of take-off, landing or other circumstances as provided for by law, no civil aircraft may fly over the urban areas of cities. The municipal people's governments shall designate areas where noise-sensitive construction structures are restricted in the vicinity of clear air zones for the take-off and landing of aircraft; The units constructing noise-sensitive construction structures within such areas shall take measures to mitigate or avoid the impact of noise generated by aircraft in motion. The civil aviation department shall take effective measures to mitigate environmental noise pollution.
Chapter VI Prevention and Control of Pollution from Noise of Social Activities
Article 41
"Noise of social activities" as the term is used in this Law means the sound emitted from man-made activities that impairs the surrounding living environment, other than industrial noise, construction noise and traffic noise.
Article 42
A commercial enterprise which, within the urban area where noise-sensitive construction structures concentrate, causes environmental noise pollution as the result of use of permanent equipment in the process of commercial activities must, in accordance with the regulations of the competent administrative department of the State Council for environmental protection, report to the competent administrative departments for environmental protection of the local people's government at or above the county level the condition of those equipment causing environmental noise pollution and information about the facilities for the prevention and control of such pollution.
Article 43
Noise level at the boundary of newly-constructed commercial cultural and entertainment sites must conform to the standards for environmental noise emissions set by the State; No competent administrative department for culture may issue the cultural operation license and no administrative department for industry and commerce may issue the business license to those failing to conform to such standards.
The operators and managers of cultural and entertainment sites in operation must take effective measures to ensure their noise level at their boundary not exceeding the standards for environmental noise emissions set by the State.
Article 44
Any use of high-pitch loudspeakers or other high-noise generating methods in commercial operation activities for the purpose of attracting customers must be prohibited.
When using such equipment and facilities as air-conditioners and cooling towers in commercial operation activities which might cause environmental noise pollution, the operators and managers shall take effective measures to ensure the noise level at their boundary not exceeding the standards for environmental noise emissions set by the State.
Article 45
Within the urban areas where noise-sensitive construction structures concentrate, any use by an unit or person of high-pitch loudspeakers must be prohibited.
Whoever organizes activities as entertainment or assembly at such public places as street, square or park in a city and uses acoustic apparatus that might produce excessive sound volume impairing the surrounding living environment, must abide by the regulations of the local public security organ.
Article 46
Whoever intends to use home electric appliances and musical instrument or organizing other home indoor entertainment activities, shall control the sound volume or take other effective measures for the purpose of avoiding environmental noise pollution to the surrounding residents.
Article 47
Whoever intends to conduct indoor decoration and refitting activities in the residential buildings already completed and delivered for use shall limit the operation time and take other effective measures for the purpose of mitigating and avoiding environmental noise pollution to the surrounding residents.
Chapter VII Legal Liabilities
Article 48
Any one who, in violation of the provisions of Article 14 of this Law, puts into production or use without approval a construction project for which the necessary facilities for the prevention and control of environmental noise pollution have not yet been completed or fail to meet the requirements laid down by the State, shall be ordered to stop the production or use and may be concurrently fined by the competent administrative department for environmental protection which originally approved the environmental impact statement of this construction project.
Article 49
Any one who, in violation of the provisions of this Law, refuses to report or makes a false report on any item subject to report in connection with the environmental noise emission, may be warned or fined according to different circumstances by the competent administrative department for environmental protection of the local people's government at or above the county level.
Article 50
Any one who, in violation of the provisions of Article 15 of this Law, dismantles or leaves idle the facilities for the prevention and control of environmental noise pollution without approval of the competent administrative department for environmental protection, thereby emitting environmental noise in excess of the prescribed standards, shall be ordered to make correction and be concurrently fined by the competent administrative department for environmental protection of the local people's government at or above the county level.
Article 51
Any one who, in violation of the provisions of Article 16 of this Law, fails to pay, as laid down by the State, fees for the excessive emission of noise, may be warned or fined according to different circumstances by the competent administrative department for environmental protection of the local people's government at or above the county level.
Article 52
Any enterprise or undertaking unit which, in violation of the provisions of Article 17 of this Law, fails to eliminate or control the pollution by the deadline as ordered, may be fined or ordered to suspend production or to be relocated or to be closed in accordance with the hazards so caused, in addition to paying fees for excessive emission of noise as laid down by the State.
The decision for a fine under the preceding paragraph shall be made by the competent administrative department for environmental protection. The order for suspension of production, relocation or closure shall be issued by the people's government at or above the county level within the scope of limits of power prescribed by the State Council.
Article 53
Any one who, in violation of the provisions of Article 18 of this Law, manufactures, markets or imports equipment prohibited to be manufactured, marketed or imported, shall, by the competent comprehensive economic department of the people's government at or above the county level, be ordered to make correction; and if the case is serious, the latter shall submit a proposal to the people's government of the same level for ordering the violator to suspend operation or be closed according to the scope of limits of power prescribed by the State Council.
Article 54
Any one who, in violation of the provisions of Article 19 of this Law, conducts activities generating sporadic strong noise without approval of the local public security organ, shall be warned or fined according to different circumstances by the latter.
Article 55
Any unit emitting environmental noise which, in violation of the provisions of Article 21 of this Law, refuses to accept on-spot inspection of the competent administrative department for environmental protection or of any other department or organization invested by law with power to conduct the supervision and control of environmental noise, or resorts to trickery and fraud when being inspected, may be warned or fined according to different circumstances by the competent administrative department for environment protection or by any other department or organization invested by law with power to conduct the supervision and control of environmental noise.
Article 56
Any unit in charge of construction which, in violation of the provisions of Paragraph 1 of Article 30 of this Law, conducts at night time the construction operation prohibited to be conducted at night time due to environmental noise pollution within an urban area where noise-sensitive construction structures concentrate, shall be ordered to make correction and may be concurrently fined by the competent administrative department for environmental protection of the people's government at or above the county level in the place where the construction is located.
Article 57
Any one who, in violation of the provisions of Article 34 of this Law, fails to use sound apparatus of motor vehicles as stipulated, shall be warned or fined by the local public security organ according to different circumstances.
If a motor vessel commits the unlawful act mentioned in the preceding paragraph, the harbor superintendency administration shall give a warning thereto or impose a fine thereon according to different circumstances.
If a railway locomotive commits the unlawful act mentioned in the first paragraph, the competent railway department shall give administrative penalty to the person(s) held responsible.
Article 58
Any one who, in violation of the provisions of this Law, commits any of the following acts, shall be warned and may be concurrently fined by the public security organ:
1. Using a high-pitch loudspeaker within an urban area where noise-sensitive construction structures concentrate;
2. Using, in violation of the regulations of the local public security organ, acoustic apparatus which produce excessive sound volume impairing the surrounding living environment when organizing activities as entertainment or assembly in such public places as street, square or park; or
3. Emitting from the home environmental noise seriously interfering with the life of surrounding residents, without taking measures as laid down in Article 46 or Article 47 of this Law.
Article 59
Any one who, in violation of the provisions of Paragraph 2 of Article 43 or Paragraph 2 of Article 44 of this Law,, causes environmental noise pollution, shall be ordered to make correction and may be concurrently fined by the competent administrative department for environmental protection of the local people's government at or above the county level.
Article 60
Any one who, in violation of the provisions of Paragraph 1 of Article 44 of this Law, causes environmental noise pollution, shall be ordered to make correction and may be concurrently fined by the public security organ.
Where the people's governments at or above the provincial level have decided according to law that the competent administrative departments for environmental protection of the local people's governments at or above the county level to exercise the power in meting out administrative penalty laid down in the preceding paragraph, such decisions shall apply.
Article 61
Any unit or person suffering from the hazards of environmental noise pollution shall have the right to demand the polluter to eliminate the hazards; if a loss has thus be caused, compensation shall be made according to law.
Any dispute concerning compensation responsibility or amount of compensation may, at the request by the party concerned, be mediated and settled by the competent administrative department for environmental protection or any other supervisory and administrative department or organization in charge of the prevention and control of environmental noise pollution; if such mediation fails, the party concerned may bring the matter before the people's court. The party concerned may also directly bring the matter before the people's court.
Article 62
If any person conducting supervision or management of the prevention and control of noise pollution abuses his power, neglects his duty or practices favoritism for personnel gains, the unit to which he belongs or the competent authority at the higher level shall give an administrative penalty thereto; If a crime is constituted, criminal liability shall be investigated according to law.
Chapter VIII Supplementary Provisions
Article 63
For the purposes of this Law, the meanings of the following terms are as following:
1. "Noise emission" means the emission of noise into the surrounding living environment from the sources of noise.
2. "Noise-sensitive construction structures" means such construction structures as hospitals, schools, institutions, research institutes and residential buildings which require the peace.
3. "Area where noise-sensitive construction structures concentrate" means such areas as medical treatment areas, cultural, education and research districts and areas where institutions or residential buildings are the main buildings.
4. "Night time" means the period from 22:00pm to 6:00am.
5. "Motor vehicle" means automobiles and motorcycles.
Article 64 This Law shall enter into force on March 1, 1997. The Regulation of the People's Republic of China on the Prevention and Control of Environmental Noise" promulgated by the State Council on September 26, 1989 shall be repealed at the same time.
