Laws of the Guangdong Province

Regulations of the Shenzhen Special Economic Zone on the Promotion of the Cycle Economy

(Adopted at the Fifth Meeting of the Standing Committee of the Fourth Shenzhen Municipal People' s Congress on March 14, 2006, promulgated on March 20, 2006, and put into force from July 1, 2006)

Chapter I General Provisions

       Article 1 In order to promote the development of the cycle economy in the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone), build a type of city which is economizing on resources and friendly to environment, and realize the sustainable development of economy, society, environment based on overall coordination, these regulations are hereby formulated.

       Article 2 The development of the cycle economy shall be guided by the scientific development view, based on the principle of reduction, reutilization and resources orientation, and shall, within the scope that technology and financial conditions permit, reduce both the consumption of resources and the production of wastes to the minimum, and realize highly efficient utilization and recycling.

       Article 3 The development of the cycle economy shall be carried out according to the guiding principle of planning comprehensively, stressing focal points, demonstrating and spreading, implementing step by step.

       Article 4 The policies, measures to promote the development of the cycle economy shall reflect the principle that governments, enterprises, other organizations and the public share the responsibility fairly and rationally.

       Article 5 The Municipal, District People' s Governments (hereinafter referred to as the municipal, district governments) shall clarify the duties and the limits of authority of various departments to promote the development of the cycle economy and designate the related departments to organize and coordinate the work of various departments.

       Article 6 The municipal, district governments shall regard the work of various departments to promote the development of the cycle economy as an important item of performance assessments, and establish a corresponding mechanism to look into administrative responsibilities. The assessments shall be made public to society.

       Article 7 Trade associations and other social organizations shall cooperate in carrying out the policies and measures of the development of the cycle economy.

       Trade associations shall provide for the enterprises of their own trades the information and technical services to develop the cycle economy, organize the enterprises of their own trade to promote economizing resources and recovering wastes for use, and may formulate the regulations, codes and technological standards of their own trades to develop the cycle economy in accordance with the policies and measures of the development of the cycle economy.

       Article 8 The municipal, district governments shall strengthen the exchange and cooperation with surrounding areas according to the demands for the development of cycle economy.

Chapter II Programs and Plans

       Article 9 The municipal government shall formulate mid-term and long-term programs of the development of the cycle economy. The programs shall include the following items:

(1)   the guiding principles, main goals and targets of the development of the cycle economy;

(2)   the key trades and fields of the development of the cycle economy;

(3)   the policies and measures of the development of the cycle economy;

(4)   the other important items of the development of the cycle economy.

Article 10 The formulation of the mid-term and long-term programs, annual plans

of  the national economic and social development shall reflect the demands for the development of the cycle economy, and bring the goals, targets, policies, measures of the development of the cycle economy into the programs, plans of the national economic and social development.

       Article 11 The municipal, district governments shall include the development of the cycle economy in their reports to the people' s congresses at the same level on the implementation of the plans of the national economic and social development. If the standing committees of the municipal, district people' s congresses think it is necessary, they may ask the governments at the same level to make a special report on the implementation of the goals, targets, policies, measures of the development of the cycle economy.

       Article 12 The municipal government shall gradually set up a target system to evaluate the development of the cycle economy and improve the related regulations and rules on statistics and accounts.

       The target system to evaluate the development of the cycle economy shall truthfully reflect the state of the development of the cycle economy, and be regarded as part of the target system of the programs, plans of the national economic and social development.

       Article 13 The municipal government shall, in accordance with the approved mid-term and long-term programs of the development of the cycle economy, formulate special plans for economization on energy, water, materials, land, and for recovery, disposal, reuse of wastes, etc., and organize their implementation.

       Article 14 The formulation, adjustment of the overall urban program, overall program of land use, environmental protection program, and the other special programs of the economic and social development shall reflect the demands for the development of the cycle economy, and coordinate with the program of the development of the cycle economy.

Chapter III Economization on Resources and Recycle

       Article 15 It shall be encouraged to economize on energy, water, materials, land, to use resources comprehensively, and to increase the efficiency in the use of resources.

       It shall be encouraged to develop both the new sources of energy and the energy which can be regenerated.

       Article 16 The evaluation reports on the economization in resources such as energy, water, materials, and land, etc. and on recycle shall be worked out for the projects of new construction, extension, and reconstruction. When examining the projects, the related departments shall examine the evaluation reports.

       Article 17 The projects with government investment shall, within the scope that technology and financial conditions permit, give priority to the adoption of the design plan, technology, materials, technical equipments which meet the requirements of the cycle economy.

       Article 18 It shall be strictly restricted to undertake the projects whose resources utilization ratio is low and whose volume of production of pollutants is large, and it shall be prohibited to undertake the projects with the high level of consumption, discharge, and pollution. As for the projects which have already been completed with the high level of consumption, discharge, and pollution, the municipal, district governments may request them to do remaking in accordance with the laws, regulations and the requirements of the national industrial policy. The specific measures shall be worked out by the municipal government.

       Article 19 Major efforts shall be devoted to the development of both energy-saving and land-saving houses, and impetus shall be actively given to the modernization of the housing industry.

       Article 20 Water resources shall be fully utilized. The use of recycled water and the multiple use of water shall be put into practice, and the water re-utilization ratio shall be increased.

       The reuse of ÖÐË®shall be encouraged and supported.

       Article 21 A system of the compulsory elimination of outdated technologies of production, techniques, equipments and products through competition shall be put into practice.

       A catalogue of the items to be eliminated compulsorily shall be worked out by the municipal government in accordance with the related rules of the state and the practical conditions of the Special Zone, and be made public to society.

       Article 22 Raw materials shall be fully utilized. Products shall be used as long as possible so that the production of wastes may be reduced.

       Article 23 The design of a product and a package shall increase the efficiency of raw materials utilization, give priority to the use of materials which are reusable or can be regenerated for use, restrain discarding products and packages as wastes, and control products' over-packing.

       The related technological standards concerning the ratio of raw materials utilization shall be set by the municipal department of supervision of quality and technology or trade associations.

       Article 24 Restrictions shall be imposed on the production and sale of disposable products. The municipal government shall work out a catalogue of the disposable products which are prohibited to be produced and sold, and make it public to society.

       Article 25 Discarded wastes shall be recycled as more as possible.

       Within the scope that technology and financial conditions permit, if discarded wastes may be reused or regenerated for use, they shall be reused or regenerated for use; if discarded wastes may not be reused or regenerated for use again but can be used for heat recovering, they shall be used for heat recovering; if discarded wastes may not be reused, regenerated for use, or used for heat recovering, they shall be disposed of appropriately according to the laws, regulations on environmental protection.

       The municipal government shall work out separately the catalogue of reusable discarded wastes and the catalogue of the discarded wastes which can be regenerated for use, and make them public to society.

       The reuse of discarded wastes and the regeneration of them for use shall be safe and reliable, and shall not cause the new environmental pollution.

       Article 26 In their production and operation, enterprises shall pursue clean production, reduce the generation of wastes; shall recover for use by themselves the wastes and waste heating which have been brought forth by the production and operation,  or transfer the wastes and waste heating to other units and individuals having equipments to do recovering for use; and shall appropriately dispose of the wastes which are not recyclable.

       An inspection system of clean production shall be put into practice. The specific measures shall be formulated by the municipal government.

       Article 27 The municipal government shall work out a catalogue of the products to be compulsorily recovered according to the related rules of the state. The producers of the products and packages listed in the catalogue shall recover them according to the requirements, and establish a corresponding recovery system; if there is no corresponding recovery system, the related products may not be sold in the Special Zone.

       Distributors of products shall assist producers to do recovering according to the previous section.

       Article 28 It shall be encouraged to invest in the establishment of recovering enterprises, trade associations shall be encouraged to organize the enterprise of their own trades to recover the discarded wastes brought forth by their products; if it is necessary, the municipal, district government may set up professional recovery institutions.

       The public shall give their assistance to recovering wastes, classify wastes according to the requirements, and place them in recovering facilities or sites.

       Article 29 A system of collecting fees for the recovery and disposal of consumer wastes shall be put into practice, the collected fees shall be used only for the purpose of collection and disposal of consumer wastes. The specific measures shall be formulated by the municipal government.

       Article 30 There shall be professional operation in the disposal of wastes. The units to dispose of wastes shall have corresponding qualifications and capability. The disposal of wastes shall not cause the new environmental pollution.

       Article 31 If a producer fails to use the wastes which have been brought forth in production and are reusable or can be regenerated for use, and the unused wastes reaches a certain amount, the related department of government shall order it to use the wastes or to bear the cost caused by reuse and regeneration for use.

       Article 32 Producers shall indicate the methods of reusing or disposing of a product and its package after the final use and the other necessary information in a conspicuous spot of the product or its package.

Chapter IV Support and Encouragement

       Article 33 It shall be advocated that governments and enterprises shall cooperate on an equal footing, jointly promote the development of the cycle economy. It shall be encouraged that enterprises and governments, by signing agreements, decide through consultation the measures, goals, and working plans, etc. of the development of the cycle economy.

       Article 34 The municipal, district governments shall establish an information system and a service system of technological consultation for the development of the cycle economy, and provide the related information and services for society.

       Article 35 The municipal, district governments shall intensify their efforts in building a system of technological development and innovation, and promote the technological innovation and technical progress for the cycle economy. The encouragement and support shall be given to the technological research and the development of products of the cycle economy, and to the production of recyclable products by the adoption of the new technology, new technique of resource saving and recycling.

       The enterprises adopting the new technology, new technique referred to in the previous section and the enterprises making recyclable products shall enjoy the preferential policies for high-technology, new-technology enterprises. The specific measures shall be formulated by the municipal government.

       Article 36 A system of financial subsidy shall be put into practice to promote the development of the cycle economy. Every year, the municipal, district governments shall allocate a certain amount of funds for the promotion of the development of the cycle economy.

       The following units and individuals may be given appropriate financial subsidies:

(1)   the scientific research institutions, enterprises, institutions, other organizations and individuals being engaged in technological research and development of the cycle economy;

(2)   the enterprises which adopt the new technology as a result of the research and development referred to in the previous section to make the related products that meet the requirements of the cycle economy;

(3)   the enterprises and other organizations which adopt the other new technology, technique that meet the requirements of the cycle economy.

The specific measures on financial subsidies shall be formulated by the municipal

government.

       Article 37 Special government funds such as the Scientific Research and Development Fund, the Technological Reform Fund, etc. shall give priority to the technological research and product development of the cycle economy and the other projects to promote the development of the cycle economy.

       The foundations and guarantor organizations funded by the investment of governments or controlled by governments through share-holding shall give priority to providing financing security and other financial support for the scientific research and product development of the cycle economy and the other projects to promote the development of the cycle economy.

       Article 38 The municipal, district government shall, in accordance with the program of the recovery, disposal, and reuse of wastes, work out the preferential policies and the other supporting measures to encourage the development of the waste-recovering industry, and improve the system of the recovery and use of regenerated resources.

       The municipal, district governments shall build the public facilities for waste recovering, propagate the knowledge and methods of the recovery and reuse of wastes, and spread the experience of the recovery and reuse of wastes.

       Article 39 The municipal, district governments shall adopt measures to encourage consumers to buy and  use the products which meet the requirements of the cycle economy, and advocate the way of consumption which is friendly to environment.

       Consumer organizations shall recommend to consumers, on a regular basis, the products which meet the requirements of the cycle economy.

       Article 40 Commendation and rewards shall be granted to the government offices, enterprises, other organizations and individuals making great contributions to the development of the cycle economy.

       Article 41 The government procurement shall give priority to the purchase of the products and services which meet the requirements of the cycle economy such as being good at economizing on energy, water, materials, and recycling, etc., the purchased recyclable products shall reach a prescribed proportion.

       The government procurement shall give priority to the purchase of the products and services of the model enterprises of the cycle economy and the commended enterprises.

Chapter V Demonstration and Popularization

       Article 42 District governments shall intensify their efforts in building model enterprises, model parks, and model communities in accordance with the requirements of the development of the cycle economy and in consideration of the key industries and key fields of the development of the cycle economy in the Special Zone.

       Article 43 Model enterprises shall fully pursue the cleaning production, and establish a system of design, production, and operation which meets the requirements of the development of the cycle economy.

       Article 44 Model parks shall be built into ecological industrial parks according to the requirements for the ecological environment. Industries-concentrated bases, development zones under planning or under construction shall have overall planning or adjustment planning in accordance with the requirements of the development of the cycle economy.

       The development zones, industrial areas whose construction have already been completed shall pursue the adjustments of industrial structure and the functional transformation in accordance with the requirements of the development of the cycle economy. 

       Article 45 Model communities shall set as their goals the building of a type of economizing communities, give priority to energy saving, water saving, recovering of classified wastes, advocating the consumption which is friendly to the environment, etc.

       New communities shall be planned and designed according to the requirements of the development of the cycle economy.

       Article 46 The municipal, district governments shall promptly review the state of the pilot projects of model enterprises, model parks, and model communities, formulate and improve the corresponding policies, measures, and gradually spread them.

       As for the important systems, standards, and measures of the development of the cycle economy, the municipal government may decide to spread them compulsorily if it is necessary.

Chapter VI Propagation and Education

       Article 47 The municipal, district governments shall make plans for the propagation and education of the cycle economy, improve the networks of the propagation and education, innovate in the way of the propagation and education, and carry out the propagation and education according to plans and at multiple levels.

       Article 48 The municipal, district governments shall organize training on the knowledge of the cycle economy for the leading officials of enterprises, institutions in the key industries. The municipal, district departments of personnel shall take the knowledge of the cycle economy as an important item for public servants training.

       Enterprises and other organizations shall conduct education and training on the knowledge of the cycle economy for their employees in the light of the practical conditions of their respective industries.

       Article 49 Primary and secondary schools, universities and colleges, and various professional training institutions shall conduct education on the knowledge of the cycle economy for students, trainees in the light of practical conditions.

       Article 50 It shall be encouraged that communities develop activities of various forms to propagate the cycle economy and popularize the knowledge of the cycle economy.

       Article 51 The media such as newspapers, radio and television, internet, etc. shall strengthen the propagation of the knowledge of the cycle economy. Newspapers, radio stations, television stations shall publish or broadcast for a certain time the public ads on the cycle economy in the front page or in the prime time.

Chapter VII Supplementary Provisions

       Article 52 In case of violation of the related provisions of these regulations, it shall be punished according to the related laws, regulations.

       Article 53 The following terms referred to in these regulations shall have their meaning as follows:

(1)   waste means the articles, materials which have been brought forth by production, consumption or other activities and have lost the original use value, or the articles, materials which have not lost the original use value but have been discarded or abandoned, except radioactive materials and the materials polluted by radioactive materials;

(2)   recycle means reuse, regeneration for use, heat recovering;

(3)   recyclable products mean the products which are designed and produced according to the principles of the cycle economy, have high resource utilization ratio and low consumption of energy, and can be reused or regenerated for use, and the products which are produced by reuse or regeneration for use of wastes.

Article 54 The municipal government may formulate the measures for

implementation of these regulations.