The first chapter is always
Article 1 in order to protect and improve the living environment and ecological environment, prevent and control pollution and other public hazards, safeguard human health and promote the development of socialist modernization, this law is enacted.
Referred to in article 2 in this environment, it is to point to influence human survival and development of all kinds of natural and artificial transformed natural factors of the overall, including atmosphere, water, ocean, land, minerals, forests, grasslands, wildlife, natural sites, cultural relics, nature reserve, scenic areas, urban and rural, etc.
Article 3 this law shall apply to areas of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China.
Article 4 the state shall develop the environmental protection planning must be incorporated into plans for national economic and social development, the state shall adopt is beneficial to the economic and technical policies and measures of environmental protection, the environmental protection work in harmony with the economic construction and social development.
Article 5 the state encourages the development of environmental science and education, strengthen environmental protection science and technology research and development, improve the level of environmental protection science and technology, popularize scientific knowledge of environmental protection.
Article 6 all units and individuals shall have the obligation to protect the environment, and units and individuals have the right to pollution and environmental damage to impeach and charge.
Article 7 the administrative department of environmental protection under the state council, to exercise unified supervision over and administration of environmental protection work throughout the country.
The local people's governments at or above the county level administrative department of environmental protection, exercise unified supervision over and administration of environmental protection work of this area.
National oceanic administrative department, the harbour superintendency administration, the fisheries administration and fishing harbour superintendency, military environmental protection department and public security, traffic, railway, civil aviation administration departments at all levels, in compliance with relevant laws and regulations for the supervision and administration on the prevention and control of environmental pollution.
The people's governments at or above the county level land, minerals, forestry, agriculture, water conservancy administrative departments, in accordance with the provisions of relevant laws the protection of resources for the supervision and management.
Article 8 units and individuals to protect the environment have made significant achievements, by the people's government shall be rewarded.
Chapter ii supervision and management of the environment
Article 9 the competent administrative department for environmental protection under the state council shall establish national standards for environment quality.
People's governments of provinces, autonomous regions and municipalities directly under the central government in the national environmental quality standards if there are no relevant provisions in the project, make local environmental quality standard, and be submitted to the competent administrative department for environmental protection under the state council for the record.
Article 10 the competent administrative department for environmental protection under the state council according to the national environmental quality standards and the national economic and technological conditions, establish national standards for pollutants discharge.
People's governments of provinces, autonomous regions and municipalities directly under the central government to the national emission standard if there are no relevant provisions in the project, may formulate local standards; To the national pollutant discharge standard has been stipulated by the project, you can formulate strict in national pollutant discharge standards of pollutants emission standards. Local standards shall be reported to the competent administrative department for environmental protection under the state council for the record.
Where the local standards have been established that discharge pollutants in areas where shall observe such local standards.
Article 11 the competent administrative department for environmental protection under the state council shall establish a monitoring system, formulate monitoring specification, in conjunction with the relevant departments of the monitoring network, strengthen the environmental monitoring and management. The state council and the people's governments of provinces, autonomous regions and municipalities directly under the central government of the administrative department of environmental protection, shall regularly publish environment bulletin.
Article 12 the people's governments at or above the county level administrative department of environmental protection, and shall, in conjunction with the relevant departments to within the jurisdiction of the environmental investigation and evaluation, to formulate environmental protection planning, after being comprehensiely balanced by the planning department, the approval of the people's government at the same level.
Article 13 the construction projects that cause pollution to the environment must abide by the relevant state stipulations on the management of construction project environmental protection.
Construction project environmental impact report, must produce pollution to the construction project and the influence on the environment, prevention and control measures, the hearing and in accordance with the provisions of the competent department in charge of the project application to the administrative department of environmental protection for approval. Department after approval, the environmental impact statement on the planning shall not ratify the design plan descriptions of the construction project.
Article 14 the people's governments at or above the county level administrative department of environmental protection or other exercise environmental supervision and management departments in accordance with the law, have the right to conduct site inspection of units within the scope of jurisdiction. The units under inspection shall truthfully report the situation to them and provide them with the necessary information. The inspecting authorities shall keep confidential the technological know-how and business secrets of the units inspected.
Article 15 across administrative work for prevention and control of environmental pollution and environmental damage, be settled through consultation by the relevant local people's government, or by the people's government at a higher level coordinating to solve, make a decision.
Chapter iii protection and improvement of the environment
Article 16 local people's governments at all levels, shall be responsible for the environmental quality of this area, take measures to improve the environment quality.
Article 17 people's governments at various levels to the representative area of the various types of natural ecosystem, natural distribution area of rare and endangered wild animals and plants, the important water conservation area, the geological structures of major scientific and cultural value, famous caves and fossil distribution area, glaciers, volcanoes, hot springs and other natural sites, as well as cultural relics, fomous trees, shall take measures to protect it, is strictly prohibited.
Article 18 the state council, the relevant competent department under the state council and the people's governments of provinces, autonomous regions and municipalities directly under the central government designated scenic areas, nature reserves and other areas that need special protection, shall not be industrial production facilities in the construction of environmental pollution, Other facilities to be built in pollutants discharge shall not exceed the prescribed discharge standards. Facilities have been built, its discharge atmospheric pollutants in excess of the prescribed discharge standards, the time limit.
Article 19 the exploitation and utilization of natural resources, measures must be taken to protect the ecological environment.
Article 20 the people's governments at various levels shall strengthen the protection of agricultural environment, control pollution, land desertification, salinization, soil impoverishment, swamping, prevention and control of ground subsidence and vegetation destruction, soil erosion, water sources dry up, provenance destroy and other ecological imbalance phenomenon occurrence and development of the promotion of integrated control of plant diseases and insect pests, the rational use of chemical fertilizers, pesticides and plant growth hormone.
Article 21 the state council and put to sea the local people's governments at various levels shall strengthen the protection of the Marine environment. From discharging pollutants into the sea, pour into the waste and coastal engineering construction and the offshore oil exploration and development, must be in accordance with the provisions of the law, prevent pollution damage to the Marine environment.
Article 22 the formulation of city planning, protection and improvement of the environment shall be determined goals and tasks.
Article 23 the urban and rural construction should be combined with the characteristics of the local natural environment, protection of vegetation, waters and the natural landscape, strengthen urban gardens, green land and the construction of scenic spots.
Chapter iv prevention and control of environmental pollution and other public hazards
Article 24 units produce environmental pollution and other public hazards, must put environmental protection into the plans, establish environmental protection responsibility system; Take effective measures to control in the production of construction or other activities and causing the waste gas, waste water, waste residue, dust and fetor, radioactive substances and noise, vibration, electromagnetic radiation pollution to the environment and harm.
Article 25 new industrial enterprises and technical reconstruction of existing industrial enterprises, high resource utilization, reduced discharge of pollutants shall be used in equipment and process, the economic and reasonable comprehensive utilization of waste and pollution treatment.
Article 26 a construction project set screw in the prevention and control of pollution, must with the principal part of the project designed, constructed and put into use at the same time. Facilities for prevention and control of pollution must be approved by the original examination and approval of environmental impact statements after the acceptance of the competent administrative department for environmental protection, the construction project shall be put into production or use.
Pollution control facilities shall not dismantle or idle, dismantle or idle if really necessary, must have the consent of the local administrative department of environmental protection.
Article 27 enterprises and institutions of the discharge of pollutants, must be in accordance with the provisions of the competent administrative department for environmental protection under the state council shall report and register.
Article 28. The discharge of pollutants exceed the national or local the prescribed standards for pollutants discharge of the enterprises and institutions to pay fees for exceeding pollutant discharge standards in accordance with the provisions of the state, and is responsible for the management. Water pollution prevention law provided otherwise, shall be carried out in accordance with law on the prevention and control of water pollution.
Levy for excess discharge must be used for prevention and control of pollution and shall not be used for any other purposes, using specific measures shall be formulated by the state council.
Article 29 for causing serious pollution of the environment, enterprises and institutions, governance within a time limit.
The central or directly under the jurisdiction of the people's governments of provinces, autonomous regions and municipalities directly under the central government enterprises and institutions of governance within a time limit, determined by the people's governments of provinces, autonomous regions and municipalities directly under the central government. City, county or city and county of the enterprises and institutions shall be under the jurisdiction of the people's government of the deadline governance, is determined by the municipal or county people's government. Enterprises and institutions must be finished on the elimination or control of the task.
Article 30 it is forbidden to introduce do not meet the requirements of our country environmental protection regulation techniques and equipment.
Article 31 because of an accident or other sudden events, cause or may cause pollution accident of the unit, must take immediate measures to deal with, timely notification may be pollution hazard units and residents, and to the local administrative department of environmental protection and the relevant departments of the report, investigation processing.
Enterprises and institutions may be significant pollution accident, shall take measures to strengthen prevention.
Article 32 the administrative department of environmental protection of the local people's government at or above the county level shall, in severely contaminated environment threat to residents' lives and property, must immediately report to the local people's government, by the people's government to take effective measures to remove or reduce the hazards.
Article 33 of the production, storage, transportation and sales, the use of toxic chemicals and other radioactive materials, must abide by the relevant provisions of the state, to prevent pollution of the environment.
Article 34 any unit shall not produce serious pollution production equipment transferred to no pollution control capacity of the unit is used.
The fifth chapter legal responsibility
Article 35 in violation of the provisions of this law, has one of the following ACTS, the competent administrative department for environmental protection or other exercise environmental supervision and management departments in accordance with the law can according to different circumstances, given a warning or impose a fine:
(a) refused to the competent administrative department for environmental protection or other exercise environmental supervision and management departments in accordance with the law field inspection or in fraud when being inspected.
(2) refusing to report or submitting a false as prescribed by the competent administrative department for environmental protection under the state council, the pollutant discharge declaration items.
(3) failure to pay fees for exceeding pollutant discharge standards according to the provisions of the state.
(4) the introduction does not conform to the requirements of technology and equipment of environmental protection regulations.
(5) will result in serious pollution production equipment transferred to no pollution prevention ability of units to use.
Article 36 of the construction project of pollution control facilities built or does not meet the requirements of the state, not put into production or use, by the approval of the construction project environmental impact report of the competent administrative department for environmental protection shall be ordered to stop production or use, and a fine may concurrently be imposed.
Article 37 without consent of the competent administrative department for environmental protection, dismantling, or idle facilities, prevention and control of pollution discharge atmospheric pollutants in excess of the prescribed discharge standards, by the competent administrative department for environmental protection shall be ordered to reinstall the use and concurrently impose a fine.
Article 38 in violation of the provisions of this law, causing environmental pollution accident of the enterprises and institutions, by the competent administrative department for environmental protection or other exercise environmental supervision and management departments in accordance with the law shall be fined according to the harm caused by the consequences; If the circumstances are relatively serious, the relevant responsible or by its place unit shall be given administrative sanctions by the competent authority of the government.
Article 39 of the deadline governance fails to complete the task of enterprises and institutions, in addition to the charge for excess discharge in accordance with the provisions of the state, can according to the harm caused by the consequences shall be fined, or closure, shut down.
The penalties prescribed in the preceding paragraph is decided by the competent administrative department for environmental protection. Closure, closure, is determined by the deadline administers a decision of the people's government; Shall be ordered to enterprises and institutions under the jurisdiction of the central directly closed, closed, shall be submitted to the state council for approval.
Article 40 a party is not satisfied with the administrative punishment decision, can be in within fifteen (15) is the date of receiving penalty notice, to the organ deciding on the punishment organ at the next higher level for reconsideration; Not satisfied with the reconsideration decision, he may within 15 days from the date of receiving the reconsideration decision, bring a suit in a people's court. The party may also bring in within 15 days from the date of receiving penalty notice, directly bring a suit in a people's court. The parties will not apply for reconsideration, nor bring a suit in a people's court, nor performs the penalty decision, by the organ deciding on the punishment shall apply to the people's court for compulsory execution.
Article 41 of environmental pollution damage, it is the responsibility of eliminating danger, and the direct damage to the unit or individual compensate for the losses.
The liability for compensation and compensation disputes, can according to the request of the parties, by the competent administrative department for environmental protection or other exercise environmental supervision and management departments according to the provisions of this law; If any party concerned refuses to accept the decision, they may bring a suit in a people's court. The party may also directly bring a suit in a people's court.
Completely by some protection from natural disasters, and after the prompt adoption of reasonable measures, still can't avoid to cause pollution damage to the environment, the party concerned shall be exempted from liability.
Article 42 for environmental pollution damage compensation lawsuit limitation period of three years, from the party knows or should know that the pollution damage.
Article 43 in violation of the provisions of this law, causing major environmental pollution accident, caused heavy loss of life or personal injury or public or private property of the serious consequences, of those directly responsible shall be investigated for criminal responsibility according to law.
Article 44 in violation of the provisions of this law, causes the land, forests, grasslands, water, minerals, fishery, the destruction of wildlife resources, undertake the legal liability in accordance with the provisions of relevant laws.
Article 45 environmental protection supervision and management of abusing authority, dereliction of duty, practice favoritism, by its place unit or the competent authority shall be given administrative sanctions; If the case constitutes a crime, shall be investigated for criminal responsibility according to law.
The sixth chapter is attached
Article 46 the People's Republic of China has concluded or to participate in international treaties related to environmental protection, have different provisions of the laws of the People's Republic of China, the provisions of the international treaty shall apply, except stated reservation clause of the People's Republic of China.
Article 47 this law shall come into force as of announced the date of the environmental protection law of the People's Republic of China (try out) "shall be repealed simultaneously.