Environmental Protection Law of the People's Republic of China (2014 Revision)

Environmental Protection Law of the People's Republic of China (2014 Revision) Order of the President of the People's Republic of China (No. 9) The Environmental Protection Law of the People's Republic of China, as revised and adopted at the 8th session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on April 24, 2014, is hereby issued, and shall come into force on January 1, 2015. President of the People's Republic of China: Xi Jinping April 24, 2014 Environmental Protection Law of the People's Republic of China (Adopted at the 11th session of the Standing Committee of the Seventh National People's Congress on December 26, 1989, and revised at the 8th session of the Standing Committee of the Twelfth National People's Congress on April 24, 2014) Table of Contents Chapter I General Provisions Chapter II Supervision and Administration Chapter III Environmental Protection and Improvement Chapter IV Prevention and Control of Pollution and Other Public Nuisances Chapter V Information Disclosure and Public Engagement Chapter VI Legal Liability Chapter VII Supplementary Provisions Chapter I General Provisions Article 1 This Law is developed for the purposes of protecting and improving environment, preventing and controlling pollution and other public nuisances, safeguarding public health, promoting ecological civilization, and enhancing sustainable economic and social development. Article 2 For the purposes of this Law, “environment” means the entirety of all natural elements and artificially transformed natural elements that affect the survival and development of human beings, including but not limited to air, water, seas, land, minerals, forests, grasslands, wetland, wildlife, natural and cultural relics, nature reserves, scenic spots, historical sites, and urban and rural areas. Article 3 This Law shall apply 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 Protecting environment is a fundamental national policy of the state. The state shall adopt economic and technological policies and measures conducive to economically and cyclically utilizing resources, protecting and improving environment and enhancing the harmony between mankind and nature to coordinate economic and social development with environmental protection. Article 5 Environmental protection shall adhere to the principles of giving priority to protection, focusing on prevention, conducting comprehensive treatment, engaging the general public, and enforcing accountability for damage. Article 6 All entities and individuals shall have the obligation to protect environment. The local people's governments at all levels shall be responsible for the environmental quality within their respective administrative regions. Enterprises, public institutions, and other businesses shall prevent and reduce environmental pollution and ecological disruption, and assume liabilities for damage caused by them. Citizens shall raise their awareness of environmental protection, adopt low-carbon and economical lifestyles, and conscientiously fulfill their obligation to protect environment. Article 7 The state shall support scientific and technological research, development, and application for environmental protection, encourage the development of environmental protection industries, promote the information technology development for environmental protection, and increase the scientific and technological level of environmental protection. Article 8 The people's governments at all levels shall provide more financial input in the protection and improvement of environment and the prevention and control of pollution and other public nuisances, and increase the utilization efficiency of financial funds. Article 9 The people's governments at all levels shall strengthen the publicity and dissemination of information on environmental protection, encourage basic-level self-governing organizations of the masses, social organizations, and environmental protection volunteers to conduct publicity of environmental protection laws and regulations and environmental protection knowledge, and create a favorable atmosphere for environmental protection. Education administrative departments and schools shall include environmental protection knowledge in school education to cultivate students' awareness of environmental protection. News media shall publicize environmental protection laws and regulations and environmental protection knowledge, and oversee environment-related illegal acts. Article 10 The environmental protection administrative department of the State Council shall generally supervise and administer the national environmental protection work, while the environmental protection administrative departments of the local people's governments at and above the county level shall generally supervise and administer the environmental protection work within their respective administrative regions. The relevant departments of the people's governments at and above the county level and the environmental protection departments of the armed forces shall supervise and administer resource protection, pollution prevention and control, and other environmental protection work in accordance with the provisions of relevant laws. Article 11 The people's governments shall reward outstanding entities and individuals in protecting and improving environment. Article 12 Environment Day is celebrated on June 5 every year. Chapter II Supervision and Administration Article 13 The people's governments at and above the county level shall include the environmental protection work in their plans on national economic and social development. The environmental protection administrative department of the State Council shall, in conjunction with the relevant departments, develop a plan on national environmental protection in accordance with the plan on national economic and social development, and submit it to the State Council for approval, publication, and implementation. The environmental protection administrative departments of the local people's governments at and above the county level shall, in conjunction with the relevant departments, develop the plans on environmental protection for their respective administrative regions in accordance with the requirements of the plan on national environmental protection, and submit them to the people's governments at the same level for approval, publication, and implementation. A plan on environmental protection shall include the objectives and tasks of and safeguards for ecological protection and pollution prevention and control, and be connected with the major function zoning plan, comprehensive plan on land use, and urban and rural development plan, among others. Article 14 In organizing the development of economic and technological policies, the relevant departments of the State Council and the people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government shall fully consider the environmental impact thereof, and hear the opinions of the relevant parties and experts. Article 15 The environmental protection administrative department of the State Council shall develop the national environmental quality standards. For matters not included in the national environmental quality standards, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may develop local environmental quality standards; and for matters included in the national environmental quality standards, they may develop local environmental quality standards higher than the national standards. Local environmental quality standards shall be submitted to the environmental protection administrative department of the State Council for recordation. The state shall encourage research on environmental criteria. Article 16 The environmental protection administrative department of the State Council shall develop the national pollutant discharge standards in accordance with the national environmental quality standards and the national economic and technological conditions. For matters not included in the national pollutant discharge standards, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may develop local pollutant discharge standards; and for matters included in the national pollutant discharge standards, they may develop local pollutant discharge standards higher than the national standards. Local pollutant discharge standards shall be submitted to the environmental protection administrative department of the State Council for recordation. Article 17 The state shall establish and improve environmental monitoring rules. The environmental protection administrative department of the State Council shall develop monitoring norms, organize a monitoring network in conjunction with the relevant departments, develop a general plan on the distribution of national environmental quality monitoring stations (points), establish a monitoring data sharing mechanism, and strengthen the administration of environmental monitoring. The distribution of various types of environmental quality monitoring stations (points) for the relevant industries or specialties shall comply with the requirements of laws and regulations and the monitoring norms. Monitoring institutions shall use monitoring equipment up to the national standards, and comply with the monitoring norms. Monitoring institutions and the persons in charge thereof shall be responsible for the truth and accuracy of monitoring data. Article 18 The people's governments at and above the provincial level shall organize the relevant departments or commission specialized institutions to survey and assess the environmental condition, and establish an environmental and resource carrying capacity monitoring and early warning mechanism. Article 19 An environmental impact assessment shall be conducted as legally required in the preparation of a relevant development and utilization plan or the construction of a project impacting the environment. A development and utilization plan that has not undergone environmental impact assessment as legally required may not be implemented. The construction of a construction project that has not undergone environmental impact assessment as legally required may not be commenced. Article 20 The state shall establish a coordination mechanism across administrative regions for the joint prevention and control of environmental pollution and ecological disruption in key regions and valley areas, and apply a uniform plan, uniform standards, uniform monitoring, and uniform prevention and control measures. The prevention and control of environmental pollution and ecological disruption across administrative regions other than that in the preceding paragraph shall be coordinated by the people's governments at higher levels, or resolved through consultations by the relevant local people's governments. Article 21 The state shall adopt policies and measures in finance, taxation, price, and government procurement, among others, to encourage and support the development of environmental protection industries such as technological equipment for environmental protection, comprehensive utilization of resources, and environmental services. Article 22 The people's governments shall adopt policies and measures in finance, taxation, price, and government procurement, among others, to encourage and support the further pollutant discharge reduction by enterprises, public institutions, and other businesses after meeting the statutory requirements for the discharge of pollutants. Article 23 The people's governments shall support the production changes, relocation, or closedown of enterprises, public institutions, and other businesses for the purpose of improving environment in accordance with the relevant provisions. Article 24 The environmental protection administrative departments of the people's governments at and above the county level, the environmental supervision institutions authorized by them, and other departments wit......