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Public Notice of the Standing Committee
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of the Shenzhen Municipal People' s Congress
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(No.
32) |
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Regulations on the
Safety Guarantee and Environmental Management within the
Restricted Area around
the Nuclear Power Plant of Daya Bay
was adopted at the Twenty-Sixth Meeting of the Standing
Committee of the Shenzhen Municipal People'
s Congress on
November 2, 1994, and now is promulgated and put into effect
from the date of promulgation. |
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The Standing Committee of the Shenzhen
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Municipal People' s
Congress
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November 2,
1994
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Regulations on the Safety Guarantee and Environmental Management
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within the Restricted Area around the Nuclear Power Plant of Daya Bay
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(Adopted
at the Twenty-Sixth Meeting of the Standing Committee |
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of
the First Shenzhen Municipal People' s Congress on November 2,
1994) |
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Article 1 In
order to protect the environment and public safety of the
restricted area around the Nuclear
Power Plant of Daya Bay
(hereinafter referred to as "the nuclear power plant" ), to
guarantee
the safe operation of the nuclear power plant, and to
provide the guidance for an orderly development of economy
and
society in the surrounding restricted area, these regulations
are hereby formulated in accordance
with the related law and
administrative regulations of the state. |
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Article 2 The
restricted area around the nuclear power plant refers to the
area which has the nuclear reactor
as its center and 5,000
meters as its radius. In this area, the mechanic increase in
population
shall be restricted, the projects of new construction
and extension shall be guided or restricted according to these
regulations. |
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Article 3 These
regulations shall be implemented under unified organization of
the Shenzhen People' s Government
(hereinafter referred to as
the municipal government). |
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Article 4 All
the state agencies, enterprises and institutions, social
organizations, and individual citizens
within the nuclear power
plant and the surrounding restricted area or related to the
safety guarantee
and environmental management of the restricted
area shall comply with these regulations. |
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Article 5 The
nuclear power plant shall be operated strictly according to the
operating instructions to guarantee
safe operation. |
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The nuclear power plant shall have safety measures to
protect its working personnel, the public and environment around
the plant from nuclear radiation exceeding the limits set by the
state and from radioactive pollution. |
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Article 6 The
nuclear power plant shall set up an isolated belt and
eye-catching signs in the plant area.
Persons who are not
affiliated with the plant shall be prohibited from entering the
plant without
authorization. |
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The Municipal government shall set up signs along the
border of the restricted area. |
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Article 7 The
nuclear power plant shall regularly monitor solid waste and
radioactive discharges of gas and
liquid. The items of discharge
monitoring shall include the total volume of a discharge, the
density
of radioactive materials in a discharge, and analysis of
the density of major radioactive nuclear elements, etc.
When a
monitoring report is submitted to the related provincial
department, a copy of the report
shall be presented to the
Shenzhen municipal department of environmental protection. |
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Article 8 The
nuclear power plant shall actively cooperate with the Office of
the Municipal Committee of Civilian
Defense (hereinafter
referred to as the municipal office of civilian defense) in
manpower and resources
for education among the public nearby
through television, broadcasting, newspapers, and training to
popularize the knowledge of nuclear safety, radiation prevention
and protection, and emergency measures to
deal with nuclear
accidents. |
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Article 9 The
emergency management of a nuclear accident both within and
without the nuclear power plant shall
be handled in accordance
with the state-issued Regulations
on the Emergency Management of Nuclear Accidents of Nuclear
Power Plants. |
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Article 10 The
nuclear power plant shall pay for the reserve fund for the
emergency without the plant and the
maintenance fund for the
operation of nuclear emergency facilities in compliance with the
state
rules on emergency management of nuclear accidents and in
accordance with the fund ratio set by the state in order
to
build up and maintain the facilities for nuclear emergency
management. |
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The above-mentioned funds shall be used, as the first
priority, for the emergency preparation without the plant such
as roads, communication, protective equipments, warning system,
etc. in the district and city where
the nuclear power plant is
located. |
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Article 11 The
nuclear power plant shall actively support and assist the
restricted area in its economic and
social development, take the
initiative in the establishment of a
good relationship with the residents of the restricted area. |
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The residents of the restricted area shall support the
development of nuclear power, help the nuclear power plant
in
safety and environmental protection within the restricted area. |
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The municipal, district governments shall direct and
coordinate the arrangements made by the nuclear power plant
to
support the economic development in the restricted area. |
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Article 12 If
an accident which may do damage to the public safety and
environment occurs when the nuclear
power plant is operating,
the location and cause of the accident shall be quickly found
out and
promptly dealt with in order to control the release of
radioactive materials to the surrounding area. A report shall
be
made to both the responsible department for nuclear emergency
management and the department
of environmental protection of the
municipal government when the related departments at the higher
level are being informed at the same time, and effective
measures shall be taken, according to the related law
and
regulations of the state, to control and reduce the damage of
the accident. |
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Article 13 The
municipal government shall work out a plan for the restricted
area' s population, economic and
social development in one year
after these regulations take effect, report it to the Standing
Committee
of the Municipal People' s Congress, and put the plan
into practice after its approval. |
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It is in making this development plan that the safe
operation and environmental protection shall be given
consideration, the implementation of the emergency plan in case
of nuclear accident shall be ensured,
and there shall be the
unity of environmental effects, economic effects and social
effects. |
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Article 14 Based
on the needs of economic and social development, the restricted
area may accept permanent
immigrant population or temporary
workers from other places with the responsible department' s
approval, but no more than the total number of controlled
population fixed by the plan for the restricted area'
s
development. |
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Article 15 It
shall be forbidden to have projects within the restricted area
which may become a threat to the
safety of the nuclear power
plant such as oil refineries, chemical plants, oil depots,
quarries
using explosives in operation, warehouses of
combustibles and explosives, etc. |
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Article 16 Within
the restricted area, it shall be encouraged to develop
aquaculture, cultivation, tourism,
and tertiary industry
suitable to the local conditions. Policy preferences shall be
given to the
projects which are encouraged for development. As
for specific preferential policies, they shall be made public
by
the municipal government in one year after the promulgation of
these regulations. |
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Article 17 Within
the restricted area, it shall be permitted to develop other
non-labor-intensive and non-seriously-polluting
projects which
are in line with the plan for the restricted area' s
development and not forbidden
by Article 15 of these
regulations. |
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When applying for approval, the applicant of a project
shall submit the following documents in addition to the regular
documents and materials presented according to the related
rules: |
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(1)
the document of the municipal department of environmental
protection on the approval of the project; |
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(2)
the document of the district people' s government in the
nuclear power plant' s locality on the approval of the project. |
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Article 18 The
ships loaded with petroleum, liquefied natural gas, explosives, |
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and
combustible, detonable, erosive, toxic chemicals, etc., which
may endanger the safe operation
of the nuclear power plant,
shall not sail in the western navigation channel of Daya Bay.
The department
of navigation channel administration shall
install appropriate signs on the channel. The department of
maritime safety supervision shall be responsible for supervision
of the implementation of these regulations. |
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The western navigation channel referred to in the above
section is the channel running from south to north and located
west to the Central Islands within Daya Bay. |
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Article 19 The
municipal department of environmental protection shall have the
authority to inspect and supervise
the environmental protection
outside the nuclear power plant. The units under inspection
shall
make truthful reports and provide materials which are
needed. The municipal department of environmental protection
shall keep the technological and business secrets of the
inspected units. |
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The municipal department of environmental protection
shall provide the information
of nuclear pollution for the municipal government without delay,
and the municipal government
may issue a public notice on
environmental impact if it is necessary. |
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Article 20 In
case of violation of Article 14 of these regulations by hiring
people for labor service or recruiting
working personnel from
other places to move in the restricted area without
authorization, the responsible
department shall order sending
these people back by a deadline and impose a fine of 300 RMB per
hired person on the unit engaging in employment without
authorization. |
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Article 21 In
case of violation of Article 15 of these regulations by setting
up a forbidden project within
the restricted area, the
responsible department shall order stopping construction,
stopping operation,
closing or dismantling by a deadline; if the
circumstances are serious, a fine of more than 5,000 but less
than 50,000 RMB shall be imposed. |
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Article 22 In
case of violation of Article 17 of these regulations by setting
up a labor-intensive or seriously
polluting project within the
restricted area which is not in line with the plan for the
restricted
area' s development, the responsible department
shall order rectifying, bringing under control or stopping
operation by a deadline; if the circumstances are serious, a
fine of more than 5,000 but less than 30,000
RMB shall be
imposed. |
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Article 23 In
case of violation of Article 18 of these regulations by shipping
forbidden goods without authorization
in the western navigation
channel of Daya Bay, the department of maritime safety
supervision shall
impose a punishment according the related law
and regulations. |
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Article 24 If
the nuclear power plant has done damage to the public nearby and
surrounding environment by polluting
in its operation, it shall
be held liable for compensation according to the related law and
regulations
of the state. |
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Article 25 If
the party concerned has refused to accept the decision of
administrative sanction referred to
in Articles 20, 21, 22, 23,
24, an application for review may be filed to the administrative
review
office of the municipal government within 15 days from
the date of receiving the notice of sanction; if the review
decision has been refused to accept, a legal action may be taken
at the people' s court within
15 days from the date of
receiving the notice of review decision. The party concerned may
also
take a legal action directly at the people' s court within
15 days from the date of receiving the notice of sanction. |
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If the party concerned has failed to apply for review
after the deadline and has neither taken a legal action at
the
people' s court nor carried out the decision of sanction, the
law enforcement office which
has made the decision of sanction
shall apply to the people' s court for coercive execution. |
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Article 26 If
violation of these regulations has resulted in serious pollution
of the surrounding environment
or personal injury and death or a
heavy loss of the nuclear power plant, and constituted a crime,
the criminal responsibility of the directly responsible persons
in charge and other directly responsible personnel
shall be
ascertained according to law. |
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Article 27 The
municipal office of civilian defense, the departments of
environmental protection, land planning,
planning, agriculture,
economic development, trade and development, labor, taxation,
industrial
and commercial administration, public security,
maritime safety supervision, etc., and the governments of
district, township where the nuclear power plant is located
shall exercise their power of inspection
and supervision within
the scope of their respective duties, ensure environmental and
public safety
in the restricted area surrounding the nuclear
power plant. |
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The municipal government shall commend or give awards to
the units and persons for conscientious implementation of
these
regulations and their remarkable achievements in maintaining the
safe operation of the nuclear
power plant and protecting the
public safety and environment. |
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Article 28 The
municipal government may formulate detailed rules for
implementation according to these regulations. |
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Article 29 These
regulations shall take effect as of the date of promulgation. |
