Interim Regulations on Giving Punishments for Illegal Acts and Disciplinary Offences in Environmental Protection

Interim Regulations on Giving Punishments for Illegal Acts and Disciplinary Offences in Environmental Protection Decree of the Ministry of Supervision and the State Environmental Protection Administration (No.10) The Interim Regulations on Giving Punishments for Illegal Acts and Disciplinary Offences in Environmental Protection, adopted at the 14th ministerial meeting of the Ministry of Supervision on December 31, 2005 and at the 20th executive meeting of the State Environmental Protection Administration on October 27, is hereby promulgated and shall go into effect as of the date of promulgation. Li Zhilun, Minister of the Ministry of Supervision Zhou Shengxian, Director of the State Environmental Protection Administration February 20, 2006 Interim Regulations on Giving Punishments for Illegal Acts and Disciplinary Offences in Environmental Protection Article 1 These Regulations are formulated so as to strengthen the environmental protection, punish illegal acts and disciplinary offences in environmental protection and promote the implementation of laws and regulations on environmental protection, subject to the Environmental Protection Law of the People's Republic of China , the Law of the People's Republic of China on Administrative supervision , and other relevant laws and regulations. Article 2 These Regulations shall be applicable to State administrative organs and their personnel, as well as personnel appointed by State administrative organs to work in enterprises that commit illegal acts and disciplinary offences in environmental protection, and shall be given punishments as a result. Where having specified provisions on giving punishments for illegal acts and disciplinary offences in environmental protection, laws as well as administrative rules and regulations shall be observed. Article 3 Where State administrative organs have committed illegal acts and disciplinary offences in environmental protection, the appointing and dismissing organs or supervisory organs shall, within their limits of administrative authority, give administrative sanctions to persons in charge who have direct responsibility and other persons with direct responsibility, and to personnel of State administrative organs who commit illegal acts and disciplinary offences in environmental protection (hereinafter collectively referred to as persons with direct responsibility)。 Where the enterprises have committed illegal acts and disciplinary offences in environmental protection, the appointing and dismissing organs or supervisory organs shall, within their limits of administrative authority, give disciplinary actions to personnel which are appointed by State administrative organs to work in enterprises committing illegal acts and disciplinary offences in environmental protection, among persons in charge of such enterprises who have direct responsibility and other persons with direct responsibility, according to law. Article 4 Where State administrative organs and their personnel commit any of the following acts, persons with direct responsibility shall be given warnings, have demerits or serious demerits on their record; if circumstances are comparatively serious, they shall be degraded; in serious cases, they shall be removed from their office: (1)refusing to comply with environmental protection laws and regulations, as well as decisions and orders made by people's governments on environmental protection; (2)formulating provisions or taking actions which conflict with environmental protection, laws, regulations and rules, as well as national environmental protection policies, and still failing to make corrections after such conflicts are pointed out to be remedied; (3)violating pertinent State industrial policies, thus polluting the environment or disrupting ecological balance; (4)failing to eliminate through competition the backward production technology, processes, equipment or products, all of which seriously pollute the environment, in accordance with provisions stipulated by the State; (5)failing to order enterprises and institutions, which cause serious environmental pollution, to prevent and control such pollution within a stipulated period, or failing to outlaw the said enterprises and institutions, order the said enterprises and institutions to close down or suspend their production, in accordance with provisions concerned; and (6)failing to prepare emergency plans for environmental pollution and disruption of ecological balance, pursuant to State provisions. Article 5 Where Stat......