| 【时 效 性】 | 有效 | 【颁布日期】 | 1989-12-26 |
| 【颁布单位】 | 全国人大常委会 | 【实施日期】 | 1989-12-26 |
| 【法规层次】 | 法律及有关法律问题的决定 | 【文 号】 | 主席令〔1989〕22号 |
| 【首选类别】 | 国家基本法规 | 【次选类别】 | |
| 【其它类别】 | 【其它类别】 | ||
| 【关 键 字】 | 中华人民共和国环境保护法 | ||
（题注：
ENVIRONMENTAL PROTECTION LAW OFTHE PEOPLE'S REPUBLIC OF CHINA
This
PEOPLE'S REPUBLIC OF
which
Council of
In case of discrepancy, theoriginal version in Chinese shall prevail.
ENVIRONMENTAL PROTECTION LAW OFTHE PEOPLE'S REPUBLIC OF CHINA
(Adopted at the 11th Meetingof the
Seventh National People'sCongress on December 26, 1989, promulgated
Order No. 22 of the
December 26, 1989, and effectiveon the date of promulgation)
Chapter II
Chapter III
Chapter IV
Chapter VI
This Law is
people's
controlling pollution and otherpublic hazards, safeguarding human health
and facilitating the developmentof socialist modernization.
"Environment" as used in thisLaw refers to the total body of all natural
elements and artificiallytransformed
existence and development, whichincludes
land, minerals, forests,grasslands, wildlife, natural and human remains,
nature reserves, historic sitesand scenic
This Law shall apply to theterritory of the People's Republic of
and other sea areas under thejurisdiction of
The plans for environmentalprotection formulated by the state
incorporated into the nationaleconomic and social development plans; the
state
favourable for environmentalprotection so as to coordinate the work
environmental
The state shall encourage thedevelopment of education in the science of
environmental protection,strengthen the
science and technology ofenvironmental protection, raise the scientific
and
scientific knowledge ofenvironmental protection.
All units and
environment and shall have theright to report on or file charges against
units or individuals that causepollution or damage to the environment.
The competent department ofenvironmental protection administration under
the State Council shall conductunified supervision and management of the
environmental protection workthroughout the country.
The competent departments ofenvironmental
the local people's governmentsat or above the county level shall conduct
unified supervision andmanagement of the
within
department of marine affairs,the harbour superintendency administration,
the fisheries administration andfishing harbour superintendency agencies,
the environmentalprotection
administrative departments ofpublic
and civil aviation
provisions of relevant laws,conduct supervision
prevention
administrative departments ofland, minerals,
water conservancy of thepeople's governments at or above the county level
shall, in
supervision and management ofthe protection of natural resources.
The people's government shallgive awards to units
have
The competent department ofenvironmental protection administration under
the State Council shallestablish the national standards for environment
quality.
municipalities directly underthe Central Government may establish their
local standards for environmentquality for items
national standards forenvironment quality and shall report them
competent department ofenvironmental protection administration under the
The competent department ofenvironmental protection administration under
the State Council shall, inaccordance with
environment
conditions,
The
municipalities directly underthe Central Government may establish their
local standards for thedischarge of pollutants for items not specified in
the national standards; withregard to
national standards, they may setlocal standards which are more stringent
than
department ofenvironmental
Council for therecord.
the local standards for thedischarge of pollutants have been established
shall observe such localstandards.
The competent department ofenvironmental protection administration under
the State Councilshall
monitoring norm and, inconjunction with relevant departments, organize a
monitoring
The competent departments ofenvironmental protection administration under
the State Council andgovernments of
municipalities directly underthe Central Government shall regularly issue
bulletins on environmentalsituations.
The competent departments ofenvironmental
the
conjunction with
assessment
jurisdiction, draw upplans
subject to overall balancing bythe department of planning, be submitted
to the
Units constructing projects thatcause pollution to the
observe the state provisionsconcerning environmental protection for such
construction
construction project must assessthe pollution the projects is likely to
produce and its impact on theenvironment and stipulate the preventive and
curative measures; the statementshall, after initial examination by the
authorities in
specified
protection administration forapproval. The department of planning shall
not ratify the design plandescriptions of the construction project until
after the environmental impactstatement on the
The competent departments ofenvironmental
the people's governments at orabove the county level or other departments
invested by law
management shall be empowered tomake on-site inspections of units under
their jurisdiction thatdischarge pollutants. The units being
shall truthfully report thesituation to them and provide them with
necessary information. Theinspecting authorities shall keep confidential
the technological know-how andbusiness secrets of the units inspected.
Work for the prevention andcontrol of
damage that involve variousadministrative areas shall be conducted by the
relevant local people'sgovernments through negotiation, or by decision of
the people's government at ahigher level through mediation.
The local people's governmentsat various levels shall be responsible for
the environment
measures to improve theenvironment quality.
The people's governments atvarious levels shall take measures to protect
regions representing varioustypes of natural ecological systems, regions
with a naturaldistribution
plants, regions where majorsources of
structures of major scientificand cultural value,
karst caves andfossil
volcanos and hot
precious trees. Damage to theabove shall be strictly forbidden.
Within the scenic spots orhistoric sites, nature reserves and other zones
that need special protection, asdesignated
relevant competent departmentunder the State Council, and the
governments of provinces,autonomous regions and
under the Central Government, noindustrial production installations that
cause environmental pollutionshall be built; other
built in these areas must notexceed
discharge of
discharge more pollutants thanare specified by the
standards, such pollutionshall
Measures must be taken toprotect the ecological environment while natural
resources are being developed orutilized.
The people's governments atvarious levels shall provide better protection
for the
pollution,
impoverishment of soil, thedeterioration
subsidence, the damage ofvegetation,
sources of water,
development of other ecologicalimbalances, by extending the scale of
comprehensive prevention andcontrol of plant diseases and insect pests,
and
pesticides and plant growthhormone.
The State Counciland the
coastal areas shall providebetter protection for the marine environment.
The discharge of pollutants andthe dumping of wastes into the seas, the
construction of coastalprojects, and the exploration and exploitation of
offshore oil must be conductedin compliance with legal provisions so as
to guard against the pollutionand damage of the marine environment.
The targets and tasks forprotecting and improving the environment shall
In urban and
landscape shall be protected andattention paid
gardens, green land and historicsites and scenic spots in the cities in
the light of the specialfeatures of the local natural environment.
Units that cause environmentalpollution and other
incorporate the work ofenvironmental
establish a responsibilitysystem for environmental protection, and
adopt effective measures toprevent and control the pollution and
caused to the environment bywaste gas, waste water, waste residues, dust,
malodorous
electromagnetic
construction or otheractivities.
For the technologicaltransformation of newly-built industrial enterprises
and existing industrialenterprises, facilities and processes that effect
a high rate of the
discharge of pollutants shall beused, along with economical and rational
technology for the comprehensiveutilization of waste
Installations
construction project must bedesigned,
with the principal part of theproject. No permission shall be given for a
construction project to becommissioned or used, until its installations
for the prevention and controlof pollution are examined and considered up
to the standard by the competentdepartment
administration
statement.
shall not be dismantled orleft idle
really necessary to dismantlesuch installations or leave them idle, prior
approval shall be obtained fromthe competent department of environmental
protection administration in thelocality.
Enterprises and institutionsdischarging pollutants
register with the relevantauthorities in accordance with the provisions
of the competentdepartment
Enterprises andinstitutions
prescribed national or localdischarge
excessive
responsibility
provisions of the Law onPrevention and Control of Water Pollution shall
be complied with where they areapplicable.
The income derived from the feelevied
pollutants must be used for theprevention and control
shall not be
thereof shall be prescribed bythe State Council.
If an enterprise or institutionhas caused severe environmental pollution,
it shall be required toeliminate
certain period oftime.
the jurisdiction of the CentralGovernment or the people's government of a
province, an autonomousregion,
Central Government, the decisionon a deadline
control of pollution shall bemade by
province, autonomous
Central
jurisdiction of a people'sgovernment at
level, such decision shall bemade by the people's government of the city
or county.
elimination or control ofpollution within the specified period of time.
A ban shall be imposed on theimportation of any
that fails to meet therequirements specified in the regulations of
country concerning environmentalprotection.
Any unit that, as a result ofan accident
caused or threatens to cause anaccident of pollution, must promptly take
measures to prevent and controlthe pollution hazards, make the situation
known to such units andinhabitants as are likely to be endangered by such
hazards, report the caseto the
protection administration of thelocality and
and accept their investigationand decision.
Enterprises and institutionsthat are likely
accidents shall adopt measuresfor effective prevention.
If the safety of the lives andproperty of inhabitants is endangered
severe environmental pollution,the competent department of environmental
protection administration of thelocal people's government at or above the
county level must promptlyreport to the local
people's government concernedshall take effective measures to remove or
The production, storage,transportation, sale and use of toxic chemicals
and materialscontaining
relevant state provisions so asto prevent environmental pollution.
No unit shall be permitted totransfer a production facility that causes
severe pollution for use by aunit that is unable to prevent and control
Any violator of this Law shall,according
case, be warned or finedby the
protection administration oranother department invested by law with power
to conduct
(1)
environmental protectionadministration or another department invested by
law with power to conductenvironmental
resorting to trickery and fraudwhile undergoing inspection;
(2) refusing to report orsubmitting a false report on items
declaration isrequired
protection administration underthe State Council;
(3) failing to pay,as provided
excessive discharge ofpollutants;
(4) importing technology or afacility that fails to meet the requirements
specified in the stateprovisions concerning environmental protection; or
(5) transferring a productionfacility that causes
use by a unit that is unable toprevent and control pollution.
When a construction project iscommissioned or put to use in circumstances
where facilities for theprevention and control of pollution either have
not been completed or fail tomeet the
provisions,
administration responsible forthe approval of
statement on the constructionproject shall order the suspension of
operations or use and mayconcurrently impose a fine.
A unit
prevention
competent department ofenvironmental protection administration,
discharging pollutants in excessof the
shall be ordered by thecompetent department of environmental
administration to set up theinstallations or put them to use again, and
An enterprise or institutionwhich violates this Law, thereby causing an
environmental
department
department invested by law withpower to conduct environmental supervision
and management in accordancewith the
case, the persons responsibleshall be subject to administrative sanction
by the unit to which they belongor by the
An enterprise or institutionthat has
pollution by the deadline asrequired shall, as provided for by the state,
pay a fee for excessivedischarge; in addition, a fine may be imposed
it on the basis of the damageincurred, or the enterprise or institution
may be ordered to suspend itsoperations
specified in the precedingparagraph shall be
department of environmentalprotection administration. An order for
suspension of operations orshut-down
shall be issued by the people'sgovernment that set the deadline for the
elimination or controlof pollution.
operations or shut-down of anenterprise or institution directly under the
jurisdiction of the CentralGovernment shall be submitted to and approved
A party refusing to accept thedecision on
within 15 days of receiving thenotification on such a decision, apply for
reconsideration to thedepartment next
imposed the sanction; if theparty
reconsideration, it may, within15 days of receiving
decision, bring a suit before apeople's court. A party may also bring a
suit directly before a people'scourt within
notification on the sanction.If, upon the expiration of this period, the
party has not applied forreconsideration or has neither brought a
before a people's court norcomplied with the
that imposed the sanction mayapply to the people's court for compulsory
A unit that has caused anenvironmental pollution hazard shall have
obligation to eliminate it andmake compensation to the unit or individual
that suffered
compensation or the amount ofcompensation may,
parties,
protection administration oranother department invested by law with power
to conduct environmentalsupervision and management. If a party refuses to
accept the decision on thesettlement,
people's court. The partymay also
If environmental pollutionlosses result solely from irresistible natural
disasters which cannotbe averted
reasonable measures, the partyconcerned shall be exempted from liability.
The limitation period forprosecution with
environmental pollution lossesshall be three years, counted from the time
when the party becomes aware ofor should become aware
If a violation of
accident, leading to the graveconsequences of heavy losses of public or
private property or humaninjuries
directly responsiblefor such
criminal responsibilityaccording to law.
Whoever, in violation of thisLaw, causes damage to natural resources like
land, forests, grasslands,water, minerals, fish, wild animals and
plants shall bear legalliability in accordance with the
Any
protection
malpractices for personal gainsshall be given administrative sanction by
the unit to which he belongs orthe competent higher authorities; if his
act
responsibility according tolaw.
If an international treatyregarding environmental protection concluded or
acceded to by the People'sRepublic of China contains provisions differing
from those contained in the lawsof the People's Republic of China,
provisions of the internationaltreaty shall apply, unless the provisions
are
This Law
Environmental Protection Law ofthe People's Republic of China (for Trial