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| Category | AGRICULTURE, FORESTRY AND METEOROLOGY | Organ of Promulgation | The State Council | Status of Effect | Invalidation |
| Date of Promulgation | 1994-08-18 | Effective Date | 1994-08-18 |
|
Regulations of the People's Republic of China on Meteorological Services |
|---|
Article 1 These Regulations are formulated to strengthen
the meteorological services for making and issuing accurate and
timely weather forecast, carrying out climate prediction,
preventing and alleviating weather related disasters, protecting
people's life and property, exploiting climate resources in a
rational manner, so as to promote economic construction and social
development.
Article 2 These Regulations shall apply to meteorological
activities such as meteorological observation, forecast, service,
prevention of weather related disasters and exploitation of
climate resources carried on 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 shall, in the field of the meteorological
services, practice a unified system of leadership combined with
control at separate levels and by separate departments.
The competent agency of the national meteorological services
authorized by the State Council (hereinafter referred to as the
competent meteorological agency under the State Council) shall be
in charge of the meteorological services throughout the country.
The competent meteorological agencies in the provinces, autonomous
regions and municipalities directly under the central government
shall be in charge of the meteorological services in their
respective administrative regions. The local competent
meteorological agencies at various levels shall be subject to
dual leadership of the competent meteorological agencies at the
higher level, which shall play the chief role, and the people's
governments at their corresponding level.
Other departments under the State Council, which have
meteorological agencies under them, shall, within the field of
division of work, be in charge of the meteorological services of
their respective departments, subject to the professional control
of the competent meteorological agency under the State Council.
Article 4 The people's governments at various levels shall
strengthen their leadership in the meteorological services within
their jurisdiction and give support to the building of the
meteorological infrastructures. The local people's government
at and above the county level may, according to the overall
arrangement of the national meteorological modernization
program and the needs of the local social and economic
development, build their local meteorological services projects
mainly in the service of the local economic construction. The
investment needed for the capital construction and the expenses
of the related institutions shall be entered respectively in the
national economic and social development plan and the budget at
their corresponding level.
Article 5 The meteorological services devoted to the public
service shall be provided free of charge; those belonging to the
specialized meteorological services may be provided with charges.
Article 6 The state encourages citizens, legal persons and
other organizations to be engaged in meteorological observations
and researches in weather forecast techniques according to these
Regulations. Their legitimate rights shall be protected by the
state.
Article 7 Any foreign organization or individual which Article 8 The distribution of national weather stations Article 9 The observation sites, equipment, facilities, signs Article 10 Engineering construction and other activities The measures for the protection and control of the weather Article 11 The locations and associated installations of Article 12 Where the observation environment or installations Article 13 The weather data obtained by any foreign Article 14 The state shall institute a unified issuing system Weather forecast and severe weather warning shall be issued ex The weather stations subordinated to other departments Article 15 The weather stations of various levels, Article 16 The post and telecommunication departments at The state encourages other departments and organizations to Article 17 Radio stations, television stations and other Article 18 Weather stations of various levels, subordinated Article 19 The local people's governments and the departments Article 20 In order to prevent or alleviate the damages which Article 21 The local people's governments and the competent Resources Article 22 The meteorological agencies shall, according to the The weather forecast and severe weather warning issued through Article 23 The state encourages the rational development, Article 24 The competent meteorological agency under the State Article 25 The local people's governments at various levels The local competent meteorological agencies at various levels Article 26 The meteorological agencies shall be responsible The meteorological agencies shall provide meteorological Article 27 The national unified regulations and standards of All weather stations shall execute the national unified Article 28 Any organization which carries on weather Article 29 The establishment of radio stations to be used in Article 30 The state shall institute a use license system in Article 31 The metrological verification institution, Any measuring instrument, exclusively used in the Article 32 Whoever commits any of the following acts shall (1) providing false warning and causing disturbances by issuing, (2) intentionally damaging meteorological instruments, (3) disturbing the working order of weather observation making Article 33 Whoever refuses to issue, or intentionally delays Article 34 Where any weather telegram which is transmitted by Article 35 Whoever violates the laws and regulations on city Article 36 Whoever illegally occupies weather observation Article 37 Any staff member of the meteorological agencies who, Article 38 For the purposes of these Regulations, (1) "weather forecast" means the general terminology for (2) "severe weather warning" means the emergent announcement (3) "observation environment" means the minimum environmental (4) "public meteorological service" means the meteorological (5) "climate resources" means the climate conditions which can Article 39 The regulations governing the meteorological Article 40 These Regulations shall enter into force on the
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intends to carry on weather related activities in the territory
of the People's Republic of China and other sea areas under the
jurisdiction of the People's Republic of China shall be subject
to the approval of the competent meteorological agency under the
State Council jointly with the competent department concerned, and
abide by the pertinent laws and regulations of the People's
Republic of China.
Chapter II Meteorological Observation
network shall be planned by the competent meteorological agency
under the State Council.
and meteorological telecommunication circuits, channels and
installations shall be protected by the state. Any organization or
individual must not remove them without authorization or damage them.
within the protected environment of weather observation, which are
of possible unfavorable impacts on weather observation, are
prohibited. The approval of the competent meteorological agency
must be obtained if such activities are needed under special
circumstances.
observation environment shall be formulated by the competent
meteorological agency under the State Council jointly with the
competent departments concerned under the State Council.
weather stations shall keep stable for a long period of time. The
observation sites, installations and environmental conditions of
weather stations shall be protected and managed according to
their categories and grades. Where any ordinary weather station or
its associated installations have to be removed as a result of
engineering construction or urban planning, the organization in
charge of construction shall submit the removal proposal to the
competent meteorological agency of the relevant province, autonomous
region or municipality directly under the central government for
approval a year in advance; where any state climate reference station
or synoptic meteorological station has to be removed, the organization
in charge of construction shall submit the removal proposal to the
competent meteorological agency under the State Council for approval
two years in advance. The expenses needed for the removal and
reconstruction of the weather station and its associated
installation shall be borne by the organization in charge of
construction.
of any weather station are damaged by natural disaster or war, the
people's government in the locality shall take immediate action
to have them restored so as to ensure the normal operation of
the meteorological services.
organization or individual from its independent observation or
from its joint observation with any department or individual of
the People's Republic of China within the territory of the
People's Republic of China and other sea areas under the
jurisdiction of the People's Republic of China shall belong to
the People's Republic of China. The provider of the observation
data shall have a right to use it.
Chapter III Forecast and Warning
of weather forecast and severe weather warning.
officio by the weather stations of various levels subordinated to
the competent meteorological agency under the State Council. Any
other organization or individual may not issue weather forecast or
severe weather warning to the public via mass media. Rules governing
the issuing of weather forecast and severe weather warning shall be
formulated by the competent meteorological agency under the State
Council.
concerned of the State Council may issue specialized weather
forecast to their respective departments. Such stations may, with
the approval of the competent meteorological agency of the relevant
province, autonomous region or municipality directly under the
central government, provide weather forecast services to the local
organizations in remote and outlying districts where the state
weather stations are scarce.
subordinated to the competent meteorological agency under the
State Council, shall, according to the needs of economic
construction and disaster prevention and alleviation in the
locality, make and issue accurate and timely weather forecast and
severe weather warning, and, according to changes of the climate,
issue supplementary or corrected forecast or warning in time.
various levels shall, according to the relevant regulations of
the state, cooperate closely with the meteorological agencies at
the corresponding level so as to ensure the smooth, speedy and
accurate transmission of meteorological information, weather
forecast and severe weather warning.
transmit meteorological information via their respective
telecommunication means.
broadcasting agencies shall ensure the regular broadcasting of
weather forecast programs. Where, under special circumstances, the
broadcasting schedules or contents need to be changed, the
permission from the weather station which issues the weather
forecast or severe weather warning is required in advance. Any
warning of severe weather which may affect severely the national
economy and people's livelihood, and any updated or corrected
weather forecast, issued by the weather station in the locality,
shall be broadcast in addition or inserted in other broadcasts.
to the competent meteorological agency under the State Council,
shall inform in time the people's government in the locality of
the severe weather which may affect the locality, so as to provide
it with the basis and suggestions for taking measures to prevent or
alleviate the disaster, and circulate a notice to the departments
concerned.
Chapter IV Precautions against Weather Related Disasters
concerned at various levels shall, on the basis of weather forecast
and severe weather warning, take preventive and rescue measures in
time in the areas where the weather related disaster may occur so as
to prevent or alleviate the damages which would be caused by the
disaster.
would be caused by weather related disasters, the local people's
governments at various levels shall make plans to carry out
scientific experiments and operation activities of modifying the
local weather by artificial means, aiming at precipitation
enhancement, hails, fog and frost suppression and dispersion. The
conditions and expenses necessary for the experiments and operation
shall be supplied by the relevant local people's government or the
groups which are benefited thereby. The meteorological agencies
shall provide technological guidance and meteorological services for
the experiments and operation, and, as entrusted by the people's
government in the locality, shall be in charge of the work of
organization and management.
departments concerned at various levels shall investigate and
verify the condition of weather related disaster within their
jurisdiction and report the results to the people's government
or the competent department at the higher level.
Chapter V Meteorological Services and Exploitation of Climate
practical needs of users in various fields, provide weather
forecast, meteorological data, climate analysis and evaluation
and, at their request, provide practical meteorological technology,
scientific and technological research achievements, and scientific
and technological advice.
broadcasting, television, newspaper, telephone, etc., must be the
weather information issued at the right moment by the weather stations
of various levels subordinated to the competent meteorological agency
under the State Council.
exploitation and protection of climate resources.
Council shall take the whole situation into account and plan and
organize a comprehensive survey of the national climate resources
and divide them into districts, organize climate monitoring,
diagnosis, analysis, evaluation and study in the changes of the
climate as well as the application thereof, and publish national
climate monitoring bulletins at regular intervals.
shall, on the basis of the characteristics of local climate
resources, define the orientation of exploiting and using the
climate resources and the priority of protection.
shall, according to the plans made by the people's government at
the corresponding level, make suggestions to that government and
the competent department concerned about the use and protection of
climate resources, and the spreading and application of the results,
such as the division into districts of climate resources.
for the appraisal of the climate feasibility needed by the
national economic and social development plans and the city
planning.
service to large and medium projects, especially the major
projects of the state. The meteorological agencies qualified for
the assessment of environmental impacts may provide the impact
assessment of the atmospheric environment of projects at the
request of organizations in charge of construction. Where the
meteorological data used by other departments in assessing the
impacts of the atmospheric environment are provided by agencies
other than the meteorological agencies, such data must be examined
and verified by the competent meteorological agencies.
Chapter VI Supervision and Management
meteorological technology, technical specifications of
meteorological instruments and equipment, and regulations of
departmental metrological verification shall be formulated by the
competent meteorological agency under the State Council. The
regulations on meteorological technology and the technical
specifications of meteorological instruments and equipment used
in specialized fields of meteorological services, may be
formulated by the competent departments concerned under the
State Council.
regulations and professional standards on meteorological
technology. The competent meteorological agencies shall be
responsible for supervising the execution and management of the
regulations and standards.
observations shall be under the supervision of the competent
meteorological agency of the relevant province, autonomous region
or municipality directly under the central government in respect
of its professional quality, meteorological metrology and
observation environment, but weather observation done for the
purpose of scientific research and teaching are excepted.
weather observation, telecommunication, weather forecast and
severe weather warning must be approved by the radio control
authorities. The radio control authorities at various levels shall
protect the frequency exclusively used for the meteorological
services.
respect of the equipment and instruments exclusively used in the
field of meteorological technology. Any equipment and instrument,
which are subject to control of use license, shall not be used in
the meteorological services if they are not licensed for use. Detailed
rules shall be formulated by the competent meteorological agency under
the State Council.
authorized by the metrological administrative department of the
people's government at or above the county level, shall carry out
verification of the equipment and instruments exclusively used
in the meteorological services at regular intervals, and, within
the scope of authorization, complete the verification as scheduled.
meteorological services, which is not verified or is unqualified
after verification, or the period of verification of which is
expired, is prohibited from using.
Chapter VII Penalties
be punished by the public security organ in accordance with the
Regulations of the People's Republic of China on Administrative
Penalties for Public Security:
without authorization, weather forecast, severe weather warning
through mass media or amending the authorized forecast or warning;
installations or signs but not serious enough for criminal
punishment;
it impossible to go on normally but not having caused serious
losses.
the issuing of, weather forecast or severe weather warning and
causes serious consequences, shall be given disciplinary sanction
by the agency to which he belongs or by the organ at the higher
level.
the post and telecommunication department or by any other
department concerned is delayed or made erroneous and the
telegram is thereby made ineffective, the matter shall be handled
according to the relevant regulations of the state.
planning and constructs buildings near the weather observation site
and damages the weather observation environment, shall be punished
according to law by the city planning department of the local people's
government at or above the county level.
sites shall be punished according to land laws and regulations by
the department of land administration of the local people's government
at or above the county level.
because of neglect of duty, causes weather forecast or severe weather
warning services producing serious mistakes, shall be given
disciplinary sanction by the agency to which he belongs or by the
organ at the higher level; if the act constitutes a crime, he shall
be prosecuted for his criminal responsibility.
Chapter VIII Supplementary Provisions
weather forecast, climate prediction and various specialized
meteorological forecasts;
issued in the form of weather forecast to the public in the areas
affected when severe weather of possible serious impacts on
national economy and people's livelihood is imminent, such as
typhoon, cold spell, strong winds, heavy rain or snow, hail, etc.;
space required for accurately acquiring atmospheric information
by means of meteorological instruments free from external
interference;
service provided for organizing production, disaster prevention
and fighting by the people's government at various levels, for
conducting military and national defense experiments and for
other special tasks, and the weather forecasts issued to society
through mass media such as radio, television and newspapers, etc.;
and
be utilized in men's economic activities such as solar, thermal,
hydraulic and wind energy, etc.
services in the People's Liberation Army shall be formulated by the
military authorities.
date of promulgation.
URL: http://www.asianlii.org/cn/legis/cen/laws/roms385