Law of the People's Republic of China on Prevention and Control of Radioactive Pollution

Law of the People's Republic of China on Prevention and Control of Radioactive Pollution Order of the Chairman of the People's Republic of China (No. 6) The Law of the People's Republic of China on Prevention and Control of Radioactive Pollution, which was adopted at the Third Session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on June 28, 2003, is hereby promulgated, and shall come into force on October 1, 2003. Hu Jintao Chairman of the People's Republic of China June 28, 2003 Law of the People's Republic of China on Prevention and Control of Radioactive Pollution (Adopted at the Third Session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on June 28, 2003) Contents Chapter I General Provisions Chapter II Supervision over Prevention and Control of Radioactive Pollution Chapter III Prevention and Control of Radioactive Pollution from Nuclear Facilities Chapter IV Prevention and Control of Radioactive Pollution from Utilization of Nuclear Technology Chapter V Prevention and Control of Radioactive Pollution from Development and Utilization of Uranium (Thorium) Mines and Associated Radioactive Mines Chapter VI Administration of Radioactive Wastes Chapter VII Legal Liabilities Chapter VIII Supplementary Provisions Chapter I General Provisions Article 1 The present Law is enacted in order to prevent and control radioactive pollution, protect the environment, guarantee the health of human bodies, promote the development and peaceful utilization of nuclear energy and nuclear technology. Article 2 The present Law shall apply to the activities of prevention and control of radioactive pollution that occurs in the process of the site selection, construction, operation and retirement of nuclear facilities as well as the development and utilization of nuclear technologies, uranium (thorium) mines and associated radioactive mines within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China. Article 3 The State practices the guideline of mainly stressing prevention, combining prevention and control, administering strictly and putting safety first towards the prevention and control of radioactive pollution. Article 4 The State encourages and supports the scientific research and the technical development and utilization for the prevention and control of radioactive pollution, and extends advanced technologies for the prevention and control of radioactive pollution. The State supports the carrying-out of international exchanges and cooperation for the prevention and control of radioactive pollution. Article 5 The people's government at the county level or above shall include the prevention and control of radioactive pollution into the planning on environmental protection. The people's government at the county level or above shall arrange for and carry out the pertinent publicity and education on the prevention and control of radioactive pollution, and make the public know about the relevant information and scientific knowledge on the prevention and control of radioactive pollution. Article 6 Any entity or individual may have the right to disclose and prosecute the acts causing radioactive pollution. Article 7 The people's government at the county level or above shall reward the entities and individuals that have made prominent achievements in the prevention and control of radioactive pollution. Article 8 The administrative department of environmental protection under the State Council shall implement unified supervision over the work of prevention and control of radioactive pollution throughout the country in accordance with the law. The administrative department of health under the State Council and other relevant departments shall, upon their duties prescribed by the State Council, make supervision over the relevant work of prevention and control of radioactive pollution in accordance with the law. Chapter II Supervision over Prevention and Control of Radioactive Pollution Article 9 The national standards on the prevention and control of radioactive pollution shall be formulated by the administrative department of environmental protection under the State Council in light of the requirements on environmental safety and the economic and technological conditions of the State. The national standards on the prevention and control of radioactive pollution shall be jointly promulgated by the administrative department of environmental protection under the State Council and the administrative department of standardization under the State Council. Article 10 The State establishes a system on monitoring radioactive pollution. The administrative department of environmental protection under the State Council shall, jointly with other relevant departments under the State Council, arrange for the environmental monitoring network, and implement monitoring administration over radioactive pollution. Article 11 The administrative department of environmental protection under the State Council and other relevant departments under the State Council shall, upon the division of their duties, be responsible for their respective duties, transmit information to each other, cooperate closely, as well as supervise and inspect the prevention and control of radioactive pollution in the development and utilization of nuclear facilities and uranium (thorium) mines. The administrative department of environmental protection under the local people's government at the county level or above and other relevant departments at the same level shall, upon the division of their duties, be responsible for their respective duties, transmit information to each other, cooperate closely, as well as supervise and inspect the prevention and control of radioactive pollution in the utilization of nuclear technology and the development and utilization of associated radioactive mines within their own respective jurisdictions. The supervision and inspection officers shall show their certificates when making the on-the-spot inspection. The inspected entity must truthfully present the information, and provide the necessary documents. The supervision and inspection officers shall keep confidential the technical secrets and business secrets for the inspected entity, and shall, when inspecting an entity or department involving State secrets, abide by the relevant provisions of the State on keeping confidential the State secrets, as well as handle the relevant formalities for approval in accordance with the law. Article 12 An entity running transportation of nuclear facilities, an entity utilizing nuclear technology or an entity developing and utilizing uranium (thorium) mines and associated radioactive mines shall be responsible for its own prevention and control of radioactive pollution, accept the supervision by the administrative department of environmental protection and other relevant departments, and bear the liabilities in accordance with the law for the radioactive pollution it has caused. Article 13 An entity running transportation of nuclear facilities, an entity utilizing nuclear technology or an entity developing and utilizing uranium (thorium) mines and associated radioactive mines must take safety, prevention and protection measures to prevent various accidents that might cause radioactive pollution, and to avoid the harm from radioactive pollution. An entity running transportation of nuclear facilities, an entity utilizing nuclear technology or an entity developing and utilizing uranium (thorium) mines and associated radioactive mines shall hold education and trainings on radioactive safety for its staff members, and take effective safety measures on prevention and protection. Article 14 The State applies a qualification administration system to the professionals engaging in the prevention and control of radioactive pollution; and applies a credential administration system to the institutions engaging in monitoring of radioactive pollution. Article 15 Whichever entity transports radioactive substance or ray devices including radioactive sources shall take effective measures to prevent radioactive pollution. The specific measures shall be prescribed by the State Council. Article 16 An obvious radioactivity identification and the warning statements in Chinese shall be set for the radioactive substance and ray devices. At a place where radioactive substance and ray devices are produced, sold, used, stored or disposed, and on the means of transportation of radioactive substance and ray devices containing any radioactive source, an obvious radioactivity mark shall be set. Article 17 A product containing radioactive substance shall meet the national standards on the prevention and control of radioactive pollution; if it does not meet the national standards on the prevention and control of radioactive pollution, it shall not leave the factory or be sold. If any associated radioactive mineral residues or any stone materials containing natural radioactive substance are used as building and decoration materials, they shall meet the national standards on radioactive nuclide control of building materials. Chapter III Prevention and Control of Radioactive Pollution from Nuclear Facilities Article 18 For the site selection of nuclear facilities, a scientific demonstration shall be carried out, and the formalities for approval shall be gone through in accordance with the relevant provisions of the State. Before going through the formalities for approval of site selection of nuclear facilities, the party concerned shall work out a written report on the influence to the environment, and submit it to the administrative department of environmental protection under the State Council for examination and approval; without approval, the relevant department shall not issue the approval document for the site selection of nuclear facilities. Article 19 An entity running transportation of nuclear facilities must, before carrying out the activities of construction, loading, operation or retirement, etc. for nuclear facilities, apply to obtain the permit for construction and operation of nuclear facilities and go through the formalities for approval of loading and retirement, etc. in accordance with the relevant provisions of the State Council on supervision and administration of the safety of nuclear facilities. An entity running transportation of nuclear facilities may not carry out the corresponding activities of construction, loading, operation or retirement, etc. until it has obtained the relevant permit or approval document. Article 20 An entity running transportation of nuclear facilities shall, before applying for obtaining the permit for construction and operation of nuclear facilities and going through the formalities for approval of retirement, work out a written report on the influence to the environment, and submit it to the administrative department of environmental protection under the State Council for examination and approval; without approval, the relevant department shall not issue the permit and the approval document. Article 21 The facilities for the prevention and control of radioactive pollution which are auxiliary to nuclear facilities shall be designed, constructed and put into use simultaneously with the major engineering project. The facilities for the prevention and control of radioactive pollution shall be inspected and accepted simultaneously with the major engineering project; the major engineering project may not be put into production or use until it has been inspected and accepted as qualified. Article 22 The imported nuclear facilities shall meet the national standards for the prevention and control of radioactive pollution; if there are no corresponding national standards for the prevention and control of radioactive pollution, the relevant foreign standards designated by the administrative department of en......