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"2014 New Edition of the Environmental Protection Law of the People's Republic of China"

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Environmental Protection  

The latest revision of the Environmental Protection Law (full text)

Environmental Protection Law of the People's Republic of China

 

(Adopted at the eleventh meeting of the Standing Committee of the Seventh National People's Congress on December 26, 1989, revised at the eighth meeting of the Standing Committee of the Twelfth National People's Congress on April 24, 2014)

table of Contents

Chapter One General Provisions

Chapter 2 Supervision and Management

Chapter 3 Protection and Improvement of the Environment

Chapter 4 Prevention and Control of Pollution and Other Public Hazards

Chapter 5 Information Disclosure and Public Participation

Chapter VI Legal Liability

Chapter 7 Supplementary Provisions

Chapter One General Provisions

Article 1 This law is formulated to protect and improve the environment, prevent pollution and other public hazards, protect public health, promote the construction of ecological civilization, and promote sustainable economic and social development.

Article 2 The term “environment” as used in this law refers to the totality of various natural and artificially modified natural factors that affect human survival and development, including the atmosphere, water, ocean, land, mineral deposits, forests, grasslands, wetlands, and wildlife , Natural relics, cultural relics, nature reserves, scenic spots, cities and villages, etc.

Article 3 This law applies 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 the environment is a basic national policy of the country.

The state adopts economic and technological policies and measures that are conducive to saving and recycling resources, protecting and improving the environment, and promoting the harmony between man and nature, so as to coordinate economic and social development with environmental protection.

Article 5 Environmental protection adheres to the principles of protection first, prevention first, comprehensive management, public participation, and responsibility for damage.

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

Local people's governments at all levels shall be responsible for the environmental quality of their administrative regions.

Enterprises, institutions, and other producers and operators shall prevent and reduce environmental pollution and ecological damage, and shall bear responsibility for the damage caused by law.

Citizens should increase their awareness of environmental protection, adopt a low-carbon and frugal lifestyle, and consciously fulfill their environmental protection obligations.

Article 7 The state supports the research, development and application of environmental protection science and technology, encourages the development of environmental protection industries, promotes the construction of environmental protection informatization, and improves the level of environmental protection science and technology.

Article 8 People's governments at all levels shall increase financial investment in protecting and improving the environment, preventing and controlling pollution and other public hazards, and increase the efficiency of the use of financial funds.

Article 9 People's governments at all levels shall strengthen environmental protection publicity and popularization, encourage grassroots mass autonomous organizations, social organizations, and environmental protection volunteers to promote environmental protection laws and regulations and environmental protection knowledge, and create a good atmosphere for environmental protection.

Educational administrative departments and schools should incorporate environmental protection knowledge into the content of school education and cultivate students’ awareness of environmental protection.

The news media should conduct publicity on environmental protection laws and regulations and environmental protection knowledge, and conduct public opinion supervision on environmental violations.

Article 10 The environmental protection department of the State Council shall implement unified supervision and management of environmental protection work across the country; the environmental protection department of the local people's government at or above the county level shall implement unified supervision and management of environmental protection work in its administrative area.

The relevant departments of the people's governments at or above the county level and the military environmental protection departments shall supervise and administer environmental protection work such as resource protection and pollution prevention in accordance with relevant laws.

Article 11 Units and individuals that have made outstanding achievements in protecting and improving the environment shall be rewarded by the people's government.

Article 12 June 5th is the Environment Day every year.

Chapter 2 Supervision and Management

Article 13 People's governments at or above the county level shall incorporate environmental protection work into their national economic and social development plans.

The competent department of environmental protection under the State Council, in conjunction with relevant departments, shall formulate a national environmental protection plan based on the national economic and social development plan, which shall be approved by the State Council and announced for implementation.

The environmental protection department of the local people's government at or above the county level, in conjunction with relevant departments, shall, in accordance with the requirements of the national environmental protection plan, formulate the environmental protection plan of the administrative region, report to the people's government at the same level for approval and announce implementation.

The content of the environmental protection plan should include the objectives, tasks, safeguard measures, etc. of ecological protection and pollution prevention and control, and should be connected with the main functional area plan, the overall land use plan, and the urban and rural planning.

Article 14 The relevant departments of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government organize economic and technical policies, and shall fully consider the impact on the environment and listen to the opinions of relevant parties and experts.

Article 15 The environmental protection department of the State Council shall formulate national environmental quality standards.

The people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government can formulate local environmental quality standards for items that are not specified in the national environmental quality standards; for items that have been specified in the national environmental quality standards, they can formulate local environmental quality that is stricter than the national environmental quality standards. standard. Local environmental quality standards shall be reported to the environmental protection department of the State Council for the record.

The state encourages environmental benchmark research.

Article 16 The environmental protection department of the State Council shall formulate national pollutant discharge standards in accordance with national environmental quality standards and national economic and technical conditions.

The people’s government 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; for items that have been specified in the national pollutant discharge standards, they may formulate stricter than national pollutant discharge standards Local pollutant emission standards. Local pollutant discharge standards should be reported to the environmental protection department of the State Council for the record.

Article 17 The state establishes and improves an environmental monitoring system. The environmental protection department of the State Council formulates monitoring regulations, organizes a monitoring network in conjunction with relevant departments, uniformly plans the establishment of national environmental quality monitoring stations (points), establishes a monitoring data sharing mechanism, and strengthens the management of environmental monitoring.

The establishment of various environmental quality monitoring stations (points) in relevant industries and professions shall comply with the requirements of laws and regulations and monitoring norms.

The monitoring agency shall use monitoring equipment that meets national standards and comply with monitoring regulations. The monitoring agency and its person in charge are responsible for the authenticity and accuracy of the monitoring data.

Article 18 People's governments at or above the provincial level shall organize relevant departments or entrust professional institutions to investigate and evaluate environmental conditions, and establish a monitoring and early warning mechanism for environmental resource carrying capacity.

Article 19 The preparation of relevant development and utilization plans and the construction of projects that have an impact on the environment shall conduct an environmental impact assessment in accordance with the law.

Development and utilization plans that have not been evaluated in accordance with the law shall not be organized and implemented; construction projects that have not been evaluated in accordance with the law shall not be started.

Article 20 The State establishes a joint prevention and control mechanism for environmental pollution and ecological damage in key areas and river basins across administrative regions, and implements unified planning, unified standards, unified monitoring, and unified prevention and control measures.

The prevention and control of environmental pollution and ecological damage across administrative regions other than those specified in the preceding paragraph shall be resolved through the coordination of the people's government at a higher level or through consultation with the relevant local people's government.

Article 21 The state adopts policies and measures in terms of finance, taxation, prices, and government procurement to encourage and support the development of environmental protection industries such as environmental protection technology and equipment, comprehensive utilization of resources, and environmental services.

Article 22: Where enterprises, public institutions, and other producers and operators further reduce pollutant emissions on the basis that their pollutant emissions meet legal requirements, the people’s government shall adopt fiscal, taxation, price, government procurement and other policies and regulations in accordance with the law. Measures to encourage and support.

Article 23 In order to improve the environment, the people’s government shall support enterprises, institutions, and other production and operators who change production, relocation, or close down in accordance with relevant regulations.

Article 24 The environmental protection department of the people’s government at or above the county level and its entrusted environmental supervision agencies and other departments with environmental protection supervision and management responsibilities shall have the right to conduct on-site inspections of enterprises and institutions that discharge pollutants and other producers and operators. an examination. The person under inspection shall truthfully report the situation and provide necessary information. Departments, institutions and their staff that conduct on-site inspections shall keep business secrets for the inspected.

Article 25: Where enterprises, public institutions and other producers and operators discharge pollutants in violation of laws and regulations and cause or may cause serious pollution, the environmental protection department of the people’s government at or above the county level and other departments responsible for environmental protection supervision and management, The facilities and equipment that cause the discharge of pollutants can be sealed up and detained.

Article 26 The State implements a responsibility system for environmental protection targets and an assessment and evaluation system. The people’s government at or above the county level shall incorporate the completion of environmental protection objectives into the assessment content of the departments and their responsible persons responsible for the supervision and management of environmental protection of the people’s governments at the same level and the lower-level people’s governments and their responsible persons as an important basis for their assessment and evaluation . The results of the assessment should be made public.

Article 27 The people’s government at or above the county level shall report to the people’s congress or the standing committee of the people’s congress at the corresponding level each year on the environmental conditions and the completion of environmental protection goals, and shall promptly report to the standing committee of the people’s congress at the corresponding level for major environmental incidents. Report and accept supervision in accordance with the law.

Chapter 3 Protection and Improvement of the Environment

Article 28 The local people's governments at various levels shall take effective measures to improve environmental quality in accordance with environmental protection objectives and governance tasks.

Relevant local people's governments in key regions and river basins that have not met the national environmental quality standards shall formulate plans to meet the standards within a time limit and take measures to meet the standards on time.

Article 29 The state delineates ecological protection red lines in key ecological function areas, ecological environment sensitive areas and vulnerable areas, and implements strict protection.

People's governments at all levels are responsible for representative areas of various types of natural ecosystems, natural distribution areas of rare and endangered wild animals and plants, important water conservation areas, geological structures with significant scientific and cultural value, famous 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 destruction is strictly prohibited.

Article 30 The development and utilization of natural resources shall reasonably develop, protect biodiversity, ensure ecological safety, and formulate and implement relevant ecological protection and restoration plans in accordance with the law.

The introduction of alien species and the research, development and utilization of biotechnology shall take measures to prevent the destruction of biodiversity.

Article 31 The State shall establish and improve the ecological protection compensation system.

The state has increased its financial transfer payments to ecological protection areas. Relevant local people's governments shall implement ecological protection compensation funds and ensure that they are used for ecological protection compensation.

The state guides the people's governments of beneficiary areas and ecological protection areas to compensate for ecological protection through consultation or in accordance with market rules.

Article 32 The state strengthens the protection of the atmosphere, water, soil, etc., and establishes and perfects corresponding investigation, monitoring, evaluation and restoration systems.

Article 33 People's governments at all levels shall strengthen the protection of the agricultural environment, promote the use of new agricultural environmental protection technologies, strengthen the monitoring and early warning of agricultural pollution sources, and coordinate the measures taken by relevant departments to prevent soil pollution and land desertification and salinization , Barrenization, rocky desertification, land subsidence, and prevention and control of vegetation destruction, soil erosion, water eutrophication, water source depletion, seed source extinction and other ecological disorders, promote the integrated control of plant diseases and insect pests.

People's governments at the county and township levels should improve the level of public services for rural environmental protection and promote the comprehensive improvement of the rural environment.

Article 34 The State Council and local people's governments at all levels in the coastal areas shall strengthen the protection of the marine environment. The discharge of pollutants, dumping of wastes into the sea, and the construction of coastal projects and marine projects shall comply with laws and regulations and relevant standards to prevent and reduce pollution damage to the marine environment.

Article 35 Urban and rural construction shall combine the characteristics of the local natural environment, protect vegetation, waters and natural landscapes, and strengthen the construction and management of urban gardens, green spaces and scenic spots.

Article 36 The state encourages and guides citizens, legal persons and other organizations to use products and recycled products that are conducive to environmental protection and reduce waste.

State agencies and other organizations that use financial funds should give priority to purchasing and using energy-saving, water-saving, material-saving products, equipment and facilities that are conducive to environmental protection.

Article 37 The local people's governments at various levels shall take measures to organize the classified disposal and recycling of domestic waste.

Article 38 Citizens shall abide by environmental protection laws and regulations, cooperate in the implementation of environmental protection measures, and classify and place domestic waste in accordance with regulations to reduce damage to the environment caused by daily life.

Article 39 The State establishes and improves environmental and health monitoring, investigation and risk assessment systems; encourages and organizes research on the impact of environmental quality on public health, and takes measures to prevent and control diseases related to environmental pollution.

Chapter 4 Prevention and Control of Pollution and Other Public Hazards

Article 40 The state promotes cleaner production and resource recycling.

The relevant departments of the State Council and local people's governments at all levels shall take measures to promote the production and use of clean energy.

Enterprises should give priority to the use of clean energy, adopt processes and equipment with high resource utilization rate and low pollutant discharge, as well as waste comprehensive utilization technology and pollutant harmless treatment technology to reduce the generation of pollutants.

Article 41 The pollution prevention and control facilities in a construction project shall be designed, constructed and put into operation at the same time as the main project. The pollution prevention and control facilities shall meet the requirements of the approved environmental impact assessment documents, and shall not be dismantled or left idle without authorization.

Article 42: Enterprises, public institutions and other producers and operators that discharge pollutants shall take measures to prevent and control waste gas, waste water, waste residue, medical waste, dust, malodorous gas, radioactive materials and noise generated during production and construction or other activities , Vibration, light radiation, electromagnetic radiation and other pollution and harm to the environment.

Enterprises and institutions that discharge pollutants shall establish an environmental protection responsibility system to clarify the responsibilities of the person in charge of the unit and related personnel.

The key pollutant discharge units shall install and use monitoring equipment in accordance with relevant national regulations and monitoring norms to ensure the normal operation of the monitoring equipment and keep the original monitoring records.

It is strictly forbidden to discharge pollutants illegally through concealed pipes, seepage wells, seepage pits, perfusion or tampering or falsification of monitoring data, or irregular operation of pollution prevention facilities, etc. to evade supervision.

Article 43 Enterprises, institutions and other producers and operators that discharge pollutants shall pay pollutant discharge fees in accordance with relevant state regulations. Pollutant discharge fees shall be used exclusively for environmental pollution prevention and control, and no unit or individual may intercept, occupy or embezzle them for other purposes.

If environmental protection tax is levied in accordance with the law, no pollution discharge fee shall be levied.

Article 44 The State implements a total discharge control system for key pollutants. The total emission control targets for key pollutants are issued by the State Council, and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government will decompose and implement them. While implementing national and local pollutant discharge standards, enterprises and institutions shall comply with the total discharge control targets for key pollutants that are broken down and implemented in their own units.

Control over the total discharge of national key pollutants

Article 51 People’s governments at all levels shall coordinate urban and rural construction of sewage treatment facilities and supporting pipe networks, environmental sanitation facilities such as solid waste collection, transportation and disposal, hazardous waste centralized disposal facilities, sites and other public facilities for environmental protection, and guarantee Its normal operation.

Article 52 The State encourages the purchase of environmental pollution liability insurance.

Chapter 5 Information Disclosure and Public Participation

Article 53 Citizens, legal persons and other organizations have the right to obtain environmental information, participate in and supervise environmental protection in accordance with the law.

The environmental protection departments of the people's governments at all levels and other departments responsible for environmental protection supervision and management shall disclose environmental information in accordance with the law, improve public participation procedures, and provide convenience for citizens, legal persons and other organizations to participate in and supervise environmental protection.

Article 54 The environmental protection department of the State Council uniformly releases national environmental quality, monitoring information on key pollution sources, and other major environmental information. The environmental protection department of the people's government at or above the provincial level regularly issues bulletins on environmental conditions.

The environmental protection department of the people's government at or above the county level and other departments responsible for environmental protection supervision and management shall disclose environmental quality, environmental monitoring, environmental emergencies, and environmental administrative licensing, administrative penalties, collection and use of pollution discharge fees, etc. information.

The environmental protection department of the local people's government at or above the county level and other departments responsible for environmental protection supervision and management shall record the environmental violation information of enterprises, institutions and other production and business operators in the social integrity files, and promptly announce the list of offenders to the public.

Article 55 The key pollutant discharge units shall truthfully disclose to the public the names of their main pollutants, discharge methods, discharge concentration and total amount, over-standard discharge, and the construction and operation of pollution prevention facilities, and accept social supervision.

Article 56 For a construction project for which an environmental impact report should be prepared in accordance with the law, the construction unit shall explain the situation to the public who may be affected and fully solicit opinions when preparing it.

The department responsible for reviewing and approving construction project environmental impact assessment documents shall, after receiving the construction project environmental impact report, disclose the full text except for matters involving state secrets and commercial secrets; if it finds that the construction project has not fully solicited public opinions, it shall instruct the construction unit to solicit solicitation Public opinion.

Article 57: Citizens, legal persons, and other organizations that discover any unit or individual that has polluted the environment or destroyed the ecology shall have the right to report to the competent department of environmental protection or other departments responsible for environmental protection supervision and management.

Citizens, legal persons, and other organizations have the right to report to their superior or supervisory authority if they discover that local people's governments at all levels, the environmental protection departments of the people's governments at or above the county level, and other departments responsible for environmental protection supervision and management fail to perform their duties in accordance with the law.

The agency that accepts the report shall keep the relevant information of the reporter confidential and protect the legal rights of the reporter.

Article 58 For acts that pollute the environment, damage the ecology, or harm the public interest of society, social organizations that meet the following conditions may file a lawsuit in the people’s court:

(1) Register in accordance with the law with the civil affairs department of the people's government at or above the city level divided into districts;

(2) Specializing in environmental protection public welfare activities for more than five consecutive years and no illegal records.

A social organization that meets the provisions of the preceding paragraph brings a lawsuit to the people's court, and the people's court shall accept it according to law.

The social organization that initiated the lawsuit shall not seek economic benefits through the lawsuit.

Chapter VI Legal Liability

Article 59: Where enterprises, institutions and other producers and operators discharge pollutants illegally and are fined, ordered to make corrections, and refuse to make corrections, the administrative agency that made the penalty decision in accordance with the law may, from the day after the The original penalty amount is continuously punished daily.

The fines and penalties specified in the preceding paragraph shall be implemented in accordance with relevant laws and regulations in accordance with the operating costs of pollution prevention facilities, direct losses caused by illegal acts, or illegal gains.

Local laws and regulations may increase the types of illegal acts that are continuously punished on a daily basis in accordance with the actual needs of environmental protection.

Article 60 Where enterprises, public institutions and other producers and operators discharge pollutants in excess of the pollutant discharge standards or exceed the total discharge control targets for key pollutants, the environmental protection department of the people’s government at or above the county level may order them to restrict production and stop production for rectification. If the circumstances are serious, it shall be reported to the approved people’s government for approval and ordered to suspend business or close down.

Article 61 If the construction unit fails to submit the construction project environmental impact assessment document or the environmental impact assessment document is not approved and starts construction without authorization, the department responsible for environmental protection supervision and management shall order the construction to stop, impose a fine, and may order it Restore.

Article 62 Violation of the provisions of this law, the key pollutant discharge units do not disclose or truthfully disclose environmental information, the environmental protection department of the local people's government at or above the county level shall order the disclosure, impose a fine, and make an announcement.

Article 63: If any of the following acts by enterprises, institutions and other producers and operators does not constitute a crime, in addition to penalties in accordance with relevant laws and regulations, the environmental protection department of the people’s government at or above the county level or other relevant departments shall The case is transferred to the public security organ, and the person in charge and other directly responsible persons shall be detained for not less than 10 days but not more than 15 days; if the circumstances are less serious, they shall be detained not less than 5 days but not more than 10 days:

(1) The construction project has not been assessed for environmental impact in accordance with the law, and the construction project has been ordered to stop construction and refused to implement it;

(2) Violating the law, discharging pollutants without obtaining a pollutant discharge permit, and being ordered to stop pollutant discharge, and refusing to implement it;

(3) Discharging pollutants illegally through hidden pipes, seepage wells, seepage pits, perfusion or tampering or falsification of monitoring data, or abnormal operation of pollution prevention facilities, etc. to evade supervision;

(4) The production and use of pesticides that the state has banned the production and use of pesticides are ordered to make corrections, but they refuse to make corrections.

Article 64 Anyone who causes damage due to environmental pollution and ecological destruction shall bear tort liability in accordance with the relevant provisions of the Tort Liability Law of the People’s Republic of China.

Article 65: Environmental impact assessment agencies, environmental monitoring agencies, and agencies engaged in the maintenance and operation of environmental monitoring equipment and pollution prevention facilities have resorted to fraud in related environmental service activities and are responsible for the environmental pollution and ecological damage caused, except In addition to penalties in accordance with relevant laws and regulations, they shall also be jointly and severally liable with other persons responsible for causing environmental pollution and ecological damage.

Article 66 The limitation period for the initiation of an environmental damage compensation lawsuit shall be three years, which shall be calculated from the time when the party concerned or should have known the damage.

Article 67 The people's government at a higher level and its environmental protection department shall strengthen the supervision of the environmental protection work of the people's government at a lower level and its related departments. If a relevant staff member is found to have violated the law and should be punished in accordance with the law, he shall submit a sanction recommendation to his appointment and removal agency or supervisory agency.

Where administrative penalties should be imposed in accordance with the law, and the relevant environmental protection department does not impose administrative penalties, the environmental protection department of the people's government at a higher level may directly decide on the administrative penalty.

Article 68: Where local people’s governments at all levels, the competent environmental protection departments of the people’s governments at or above the county level, and other departments responsible for environmental protection supervision and management commit one of the following acts, the directly responsible persons in charge and other directly responsible persons shall be granted Penalties of demerit, demerit, or demotion; if serious consequences are caused, the sanctions shall be dismissed or expelled, and the main person in charge shall take the blame and resign:

(1) Approval of administrative license that does not meet the requirements of administrative license;

(2) Covering up environmental violations;

(3) The decision to order the suspension of business or closure should be made according to law but not made;

(4) For behaviors such as excessive discharge of pollutants, discharge of pollutants by evading supervision, environmental accidents, and ecological damage caused by failure to implement ecological protection measures, they have found or received reports and failed to promptly investigate and deal with them;

(5) Violating the provisions of this law by sealing up or detaining the facilities and equipment of enterprises, institutions, and other production operators;

(6) tampering with, forging or instructing to tamper with or forging monitoring data;

(7) Environmental information should be disclosed in accordance with the law but not disclosed;

(8) Withholding, squeezing or embezzling the collected sewage charges for other purposes;

(9) Other illegal acts stipulated by laws and regulations.

Article 69 Anyone who violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility according to law.

Chapter 7 Supplementary Provisions

 

Article 70 This law shall come into force on January 1, 2015.

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