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| Category | ENVIRONMENTAL PROTECTION | Organ of Promulgation | The State Council | Status of Effect | Invalidated |
| Date of Promulgation | 1989-09-26 | Effective Date | 1989-12-01 | Date of Invalidation | 1997-03-01 |
|
Regulations of the People's Republic of China on Prevention and Cure of Ambient Noise Pollution |
|---|
Article 1 With a view to preventing and curing ambient noise pollution,
ensuring for people a good living environment and safeguarding health of
people, the present Regulations are hereby formulated.
Article 2 The term "ambient noise" mentioned in the present Regulations
refers to any sound that is produced in industrial production, construction,
transportation, and other social lives and that affects living environment
thereabout.
The term "ambient noise pollution" mentioned in the present Regulations
refers to emission of the undesired ambient sound to such an extent that
exceeds the state prescribed standards of ambient sound and disturbs people's
working, studying, living and other normal activities.
Article 3 Any unit or individual whoever emits undesired ambient sound
within the territory of the People's Republic of China shall comply with the
present Regulations.
Article 4 The State Council and local people's governments at different
levels shall include prevention and cure of ambient noise pollution in their
plans for state economy and society development and shall adopt countermoves
and measures to prevent and cure ambient noise pollution.
Article 5 Local governments at different levels when formulating
construction programmes for cities, towns and villiages shall properly design
different functional areas and location of constructions, structions and roads
in such a way that prevents the future ambient noise from polluting the
environment and safeguards peace of the living environment.
Article 6 Environmental protection departments of local governments at
different levels shall be responsible for unified supervision and
administration of prevention and cure of ambient noise pollution.
Departments at different levels in charge of social security,
transportation, railway and civil aviation shall be responsible for
supervision and control of ambient noise emitted by motor- driven
vehicles, trains, ships and aircrafts respectively.
Public security organs at different levels shall be resposible for
supervision and control of ambient noise emitted in social lives.
Article 7 Any unit or individual shall have the duty to protect the
environment from noise pollution and shall have the right to report and charge
against any unit or individual who creates ambient noise pollution.
Any unit or individual who is directly affected by ambient noise pollution
shall have the right to claim for alleviation and elimination of the harm of
ambient noise pollution.
Article 8 The State shall encourage scientific research on provention
and cure of ambient noise pollution, spread advanced technology thereof and
improve science and technology on provention and cure of ambient noise
pollution.
Article 9 The people's government shall extend praise and reward to those Article 10 The environment protection department of the State Council Local people's governments at and above the county level shall, according Article 11 The environment protection department of the State Council The people's government of province, profecture or autonomous region may Whenever ambient noise is emitted in the living areas where local Article 12 The environment protection department of the State Council Article 13 Wherever the ambient noise emission standards are exceeded, Article 14 Environment protection departments and other concerned Article 15 Any new construction, reconstruction or extension shall be The report of environmental implications of construction shall include Finished construction before being used for production or other purposes Article 16 Wherever industrial noise is emitted to ambient living In case there is a great change concerning the type, number of noise Article 17 Enterprises and institutions whenever having noise emitted Article 18 Any enterprise or institution who has noise emitted in excess The cure of noise pollution within a limited time by an enterprise or Article 19 In case an enterprise which produces products of urgent Article 20 Any unit who engages in activities with occasional emission of In advance to the occassional emission of strong noise the environment Article 21 Any unit in charge of construction who has noise emitted into Article 22 In case facilities, equipments or other apparatus when used Article 23 In case the emission of construciton noise exceeds the state Article 24 It shall be prohibited to conduct construction at night that Article 25 In case the emission of construction noise into ambient living Article 26 Moving motor vehicles shall have equipped with them silencers Equipment of alarms on fire trucks, ambulances, construction Article 27 Different motor-driven ships including hovercrafts shall Article 28 Public security departments and communications Article 29 Trains passing or arriving in urban district of a city, Article 30 Aircrafts which emit noise when taking off or landing shall Article 31 Bus or railway stations, marshalling stations, harbour, Article 32 Loudspeakers of strong power and propaganda cars with Article 33 It shall be prohibited to make loud noise to canvassing Article 34 Managers of entertainment places, sports gymnasiums and Article 35 Anyone who uses household appliances or organise indoor Article 36 For committing of any of the following offences in 1) refusal of or lying in report for registration of matters concering 2) arbitrarily dismantling or idling facilities for prevention and 3) refusal to accept on-spot investigation of environment protection 4) disobey of the provisions of the people's government regarding 5) vehicles emitting noise in excess of prescribed standards governing 6) trains using air whistles when passing or arriving in urban Article 37 In case the fee for emission of pollution fails to be paid, a Article 38 Committing of any of the following offence in violation of 1) using loudspeakers of strong power or propaganda cars with strong 2) resorting to methods with loud noise to canvass customers; 3) making noise that disturbs others indoors or in public places; 4) failure to equip or use alarms for vehicles of special purposes in 5) driving motor vehicles or sailing ships when and where it is Article 39 In case a construction is used for production or other Article 40 In case an enterprise or institution fails to complete the The punishment of fine shall be decided by environment protection Article 41 If an offence in violation of the present Regulations Article 42 If the person concerned refuses to accept the disciplinary Any refusal to accept punishment of security administration shall be Article 43 Any unit or individual who have caused emission of noise Disputes aring from compensation liabilities and volume of damages Article 44 Any occurrence of abuse of power, favoritism or negligence Article 45 The environment protection department of the State Council Article 46 Provinces, autonomous regions and municipalities under the Regulations regarding prevention and cure of noise pollution from Article 47 The present Regulation shall come into effect as of the
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units and individuals who have made outstanding achivements in provention and
cure of ambient noise pollution.
Chapter II Standards of Ambient Noise and Monitor and Measure of Ambient
Noise
shall formulate the national quality standards governing ambient noise.
to prescriptions of diffenent national ambient noise quality standards
applicable to different districts, designate different environmental districts
within their own administrative regions.
shall formulate the national standards governing ambient noise emission
in accordance with the national ambient noise quality standards and in
light of economic and technological conditions.
in consideration of local needs formulate local standards governing ambient
noise emission of items which are not covered by the national standards; or
where necessity so arises and where economic and technological conditions so
permit formulate stricter local standards than the national ones on items
already included in the national standards. Local standards governing ambient
noise emission shall be submitted to the environment protection department of
the State Council for record.
standards governing ambient noise emission are available, the local standards
shall be complied with.
shall establish a system for monitoring and measuring ambient noise, organise
a net for monitoring and measuring ambient noise and formulate unified
methodology for monitoring and measuring ambient noise.
effective measures shall be taken to bring the situation under control and a
fee shall be levied for pollution emission above nomal standards according to
corresponding state provisions. The fees so levied shall be used for the
purpose of provention and cure of ambient noise pollution.
supervisory and administrative organs shall within their own territory
administration have the power to conduct on- the- spot investigations with any
unit or individual who has ambient noise imitted. The concerned unit and
individual shall report the true situation and supplyy necessary materials.
The investigator shall have the duty to keep confidential technological and
business secrets for the benefit of concerned unit or individual.
Chapter III Provention and Cure of Industrial Noise
subject to corresponding state provisions regarding environment protection
with construction.
assessment of possible ambient noise emitted in the construction, provisions
on provention and cure measures and shall be submitted to environment
protection department for approval in accordance with prescribed procedures.
shall have its facilities for proventing and curing noise pollution be subject
to the check- up of environment protection department and be deemed up to the
standard.
environment, a report shall be submited to the environment protection
department of the local government for registration of all facilities that
emits noise, facilities for cure of noise pollution, types, number of noise
sources and intensity of the noise emitted under normal operation conditions;
and relevant materials concerning provention and cure of noise pollution
shall be supplied.
sources and intensity of noise, it shall be reported in time. Dismantlement or
idling of facilities for cure of noise pollution shall be subject to approval
of environment protection department of the local people's government.
into ambient living environment shall comply with corresponding state
prescriptions of standards governing emission of ambient noise within limited
boundary.
of the state prescribed standards governing emission of ambient noise within
limited boundary and consequently creates serious environmental pollution
shall cure the situation within a limited time.
institution under the auspices of the people's government at or below the
municipal or county level shall be proposed by the environment protection
department of the municipal or county people's government. The proposal shall
be submitted for approval to the people's government at the same level. The
cure of noise pollution within a limited time by an enterprise or institution
under the direct auspices of relevant departments of the State Council or the
people's government of province, autonomou regions or municipality under the
direct leadership of the central government shall be proprosed by the
environment protection department of the people's government of province,
autonomous regions or municipality under the direct leadership of the central
government. The proposal shall be submitted for approval the people's
government at the same level.
necessity to the national economy is unable to eliminate ambient noise
pollution through controll of noise sources due to actual economical or
technological restrictions, the enterprise shall adopt effect measures to
reduce the harm of noise pollution to a minimum and shall make an agreement
through negotiation with the organisation of suffered residents and other
relevant units opon other arrangements for protection of the rights and
interests of the victims subject to the approval of the local people's
government.
strong noise shall in advance file an application with the environment
protection department of the local people's government and the public security
organ, only after the obtainment of approval from which can such activities
be conducted.
protection department of the local people's government and the public security
organ shall make a joint declaration to notify the public.
Chapter IV Provention and Cure of Noise Pollution out of Construction
ambient living environment shall comply with state prescribed standards
governing emission of ambient noise within limited boundary of construction.
in construction may create noise in excess to state prescribed standards
governing emission of ambient noise within limited boundary of construction,
a report shall be made 15 days prior to the beginning of construction to
environment protection department of the local people's government upon the
name of the construction project, the name of the unit in charge of
construction, location and length of construction, intensity of noise possibly
emitted within the construction boundary and measures to be adopted for
prevention and control of noise pollution.
prescribed standards governing emission of ambient noise within limited
construction boundary to the detriment of the ambient living environment,
environment protection department of the local people's government may impose
restriction upon the time of construction subject to approval of the people's
government at or above the county level.
creates noise pollution and disturbs the rest of residents in residential
districts, cultural and educaional districts or convalescent districts except
for urgent repairs or emergency. If technology or special necessity requires
continuous construciton, it shall be subject to approval of environment
department of the people's government at or above the county level.
environment exceeds state prescribed standards governing emission of ambient
noise within limited construction boundary and is unable to be eliminated
through controll of noise sources due to actual economical or technological
restrictions, effect measures shall be adopted to reduce noise pollution to a
minimum and an agreement shall be made through negotiation with the
organisation of the affected residents and other relevant units opon other
arrangements for protection of the rights and interests of the victims subject
to the approval of the local people's government.
Chapter V Provention and Cure of Noise Pollution from Communications
and whistles complying with prescriptions and shall keep effective
technological functions. The whole vehicle shall not emit noise in excess of
prescribed standards governing emission of noise by motor vehicles. Those
which can not reach the standards in terms of noise emission shall not be
licensed.
emergency trucks and security trucks shall comply with corresponding
provisions of the security department. Alarms shall not be used when it
is not an urgent situation and where such use is prohibited.
use sound signals according to corresponding provisions.
administration departments of the people's governemnts at or above the
county level may, with a view to preventing and controlling of traffic
noise pollution and reaching the quality standards governing ambient
noise, make their prescriptions as to where and when motor- driven
vehicles and ships are prohibited from moving.
convalescent district or scenic spot shall use only air whistle.
conform to the standards governing emission of noise by aircrafts. Aircrafts
shall be prohibited from exercising hedgehopping in the air over urban
district of a city.
wharfs, airports and other hubs of communications where loudspeakers are used
shall bring the volume of loudspeakers under control so as to reduce the
influence of noise upon ambient environment.
Chapter VI Provention and Cure of Noise Pollution from Social Lives
loudspeakers of strong power shall be banned to be used in public
districts such as streets, squares, parks and convalescent districts
and scenic spots without prior approval of the people's government at
or above the county level.
customer in commercial districts.
stadiums shall adopt effective measures to lessen or eliminate the
influence of noise upon ambient environment.
entertainment activities shall control the volume of sound to avoid
disturbing other residents.
Chapter VII Legal Liabilities
violation of the present Regulations, environment protection department
or other supervisory and administrative organ may, besides charging
the offender to make correction, give him a warning or fine punishement
in light of the seriousness of the offence:
emission of noise as are required by environment protection department
of the State Council;
cure of noise pollution or having noise emitted in excess of prescribed
standards governing noise emission without prior approval of
environment protection department;
department or other supervisory and administrative organ or practicing
fraud during the investigation;
restriction on time of construction or continuing construction without
prior approval at night in residential districts, cultural and
educational districs, convalescent districts which disturbs the rest of
resident;
emission of noise by motor-driven vehicles;
district of cities, convalescent districts or scenic spots;
fine may be imposed in addition to pursuing the payment of the fee or
the fee for emission of pollution in excess of prescribed standards and
overdue fine.
the present Regulations shall be punished by the public security organs
according to the Regulations of the People's Republic of China
Regarding Security Administration and Penalties:
power loudspeakers in public places such as streets, squares, parkes or
in convalescent districts or scenic spots without prior approval of the
people's government at or above the county level;
accordance with correponding provisions;
banned to do so;
purposes when facilities for provention and cure of noise pollution
are not finished or up to the corresponding state provisions regarding
environment protection with constructions, the original environment
protection department who reviewed and approved the report of
environment implications of the construction shall order to stop
production or use and may impose a fine as well.
ordered treatment of noise within a limited time, a fine may be imposed
in light of the conscequent damages or a charge may be issued to
suspend production or shut down in addition to payment of certain fee
for emission of pollution according to corresponding state provisions.
department or other supervisory and administrative department. The
charge to suspend production or shut down shall be issued by the
people's government who ordered the treatment of noise within a limited
time. If the charge to stop production or shut down is to be issued to
an enterprise or institution under the direct auspices of relevant
department of the State Council, it shall be submitted for approval to
the revelant department.
causes serious damages in consequence of noise pollution, the unit to
which the offender is attached or the responible organ at the higher
level shall impose an administrative disciplinary sanction, or in case
a crime is constituted, the criminal liabilities shall be assessed.
sanction, the person may within 15 days upon receipt of the notice of
sanction apply for reconsideration with the authority of a level
immediately above the organ who decided the sanction. If the person
concerned again refuses to accept the decision after reconsideration,
the person may within 15 days upon receipt of notice of decision after
reconsideration bring a suit with the people's court. Alternatively the
person concerned may within 15 days upon receipt of the notice of sanction
directly go to the people's court for legal proceedings. If the deadline for
such actions has been passed with the person concerned neither applying for
reconsideration or sueing with the people's court nor carrying out the
decision of sanction, the organ who made the decision of sanction shall apply
with the people's court for enforced implementation of the decision.
handled according to the regulations regarding security administration
and penalties.
pollution shall have the liabilities to eliminate the consequent harms
and compensate the units or individuals for the losses they directly
suffers.
shall be handled by environment protection department upon request of
the concerned parties. The concerned party who refuses to accept the
decision upon the disputes may sue with the people's court. Alternatively
concerned parties may directly go to the people's court for a suit.
by the environment protection or supervision staff shall be punished by
way of disciplinary sanction or where a crime is constituted the
criminal liabilities shall be assessed.
Chapter VIII Supplementary Provisions
shall be responsible for interpretation of the present Regulations.
direct leadership of the Central Government may formulate more
detailed provisions for implementation of the present Regulations in
light of their own circumstances.
military activities shall be seperately formulated by the military.
date of December 1, 1989.
URL: http://www.asianlii.org/cn/legis/cen/laws/ropacoanp602