【 Weak current College 】 People's Republic of China environmental noise pollution prevention law

People's Republic of China on the prevention and control of noise pollution

Chapter 1 General provisions

The first is the prevention of noise pollution, protecting and improving the living environment, protect human health, to promote economic and social development, the development of this law.

This law alleged environmental noise, refer to industrial production, construction, transport and social life of the interference in the surrounding environment.

Referred to in this law, environmental noise is means the environmental noise exceeding the national emission standards for environmental noise, and interference with others to a normal life, work and learning.

The third article this law applies to People's Republic of China in the field of prevention of noise pollution.

Engaged in terms of production and operation of the work affected by the noise hazard prevention and control of this law shall not apply.

Article 4 of the State and local governments should set the noise pollution prevention into environmental protection planning and environmental protection in favour of sound economic, technology, policies and measures.

Fifth article of local governments in the development of rural and urban construction planning, should take full account of construction projects and regional development, improvement of noise on the surrounding environment, and manpower planning, reasonable arrangement of the Ribbon and the building layout, prevent or reduce noise pollution.

Article 6 of the State environmental protection administration departments nationwide environmental noise pollution prevention implementation of consolidated supervision.

The local people's Governments at or above the county level environmental protection administration departments of the administration area of environmental and noise pollution prevention implementation of consolidated supervision.

All levels of public security, traffic, railway, aviation and other departments and agencies, the port authority in accordance with their respective mandates, to transportation and social life of noise pollution prevention implementation monitoring and management.

7 all units and individuals have the obligation to protect the acoustic environment and on noise pollution caused by the units and individuals for prosecution and the accused.

8 the State encourages and supports environmental noise pollution prevention and control of scientific research, technological development, the promotion of advanced control technology and universal access to prevention of noise pollution in scientific knowledge.

Article 9 on the noise pollution prevention achievements marked units and individuals, reward by people's Government.

Chapter II of the environmental noise pollution prevention and control of regulatory

Article x of the State environmental protection administration departments are different functional areas to develop national acoustic environment quality standards.

The local people's Governments at or above the county level according to the acoustic environment quality standards, the delineation of administrative areas in the acoustic environment quality standards of the applicable zone, and management.

Article 11 of the State environmental protection administration departments according to the acoustic environment quality standards and national economic conditions, technology, development of national environmental standards on noise emissions.

13 urban planning sector when determining the building layout, should be based on national sound environmental quality standards and civil construction specifications for the design of sound insulation, reasonable designated buildings and traffic arteries of anti-noise distance, and propose the appropriate planning and design requirements.

13 new and reconstructed, expansion and construction of the project, must comply with the relevant State environmental protection administration of construction projects.

Construction project may produce noise pollution, construction unit must raise environmental impact report, environmental noise pollution prevention measures, and in accordance with the procedure provided for by the State environmental protection administration departments.

Environmental impact report, should have the project location and views.

Article XIV construction projects of environmental and noise pollution prevention facilities must be the principal part of the project at the design, construction, while at the same time put into use.

Construction projects in production or use of, its noise pollution prevention facilities must be the original environmental impact report and approval of the environmental protection administration departments of acceptance; the State regulations require that the project must not be put into production or use.

Article 15 the noise pollution generated by enterprises and institutions, must maintain control of noise pollution in the normal use of the facilities; removal or idle environment noise pollution prevention facilities, must be reported to the local people's Governments at or above the county level, environment protection authority for approval.

Article 16 of the environmental noise pollution produced, shall adopt measures to control, and in accordance with national provisions on payment of excess charges. Collection of Hyper-standard charges must be used for the prevention of the pollution, shall not be used for any other purposes.

17 for noise-sensitive buildings set area causing serious environmental noise pollution by enterprises and institutions, the deadline for treatment. The deadline for governance unit must complete management tasks. Improvement within the people's Government at or above the county level, in accordance with the provisions of the State Council decided that permission.

For small enterprises and institutions of governance, the people's Governments at or above the county level within the jurisdiction of the State Council provisions authorizing its environmental protection administration departments.

18 countries on environmental noise pollution serious backward elimination system equipment.

Economic authorities of the State Council shall be published in conjunction with the departments concerned, the prohibition against the production within sales, a ban on the import of noise pollution serious equipment list.

Producers, sellers or importer must be in the State economy Department in conjunction with the relevant departments within the period provided to stop production and sales, respectively, or imported into the directory specified in the preceding paragraph.

Article 19 within the city engaged in productive activities that require occasional strong noise emissions, must be obtained in advance from the local authorities, approved before. Local authorities should provide the social advertisement.

Article 20 of the State environmental protection administration departments should establish environmental noise monitoring system, development of monitoringSpecifications, and with the relevant sector organizations monitoring network.

Environmental noise monitoring institutions should follow the State environmental protection administration departments of the provisions submitted to the environmental noise monitoring results.

Article 21 of the people's Governments at or above the county level environmental protection administration departments, and other ambient noise pollution prevention and control of regulatory agencies, institutions, are entitled to in accordance with their respective responsibilities for the jurisdiction of the emission of noise unit for spot checks. Be examined by the units must be accurately and provide the necessary information. Check the Department, agencies should be checked by the unit conservative technology secrets and business secrets.

Inspectors conduct on-site inspection, shall produce documents.

Chapter III industrial noise pollution prevention

Article 22 of this law, the industrial noise is means industrial production activity using a fixed equipment interference around the living environment of sound.

Article 23 in the urban context surrounding the living environment of industrial noise emissions should conform to national industrial plant sector environmental noise emission standards.

24 in the industrial production as a result of the use of fixed equipment noise pollution caused by industrial enterprises, must be in accordance with the State environmental protection administration departments, to the location of the local people's Governments at or above the county level environmental protection administration departments to declare ownership of noise pollution caused by equipment type, quantity and in good working condition by noise and noise pollution prevention facilities and provide prevention of noise pollution in technical information.

Noise pollution caused by equipment type, quantity and noise values and control facilities there are major changes, it must immediately declare and take the necessary preventive measures.

Article 25 the noise pollution generated by industrial enterprises, should take effective measures to reduce noise on the surrounding environment.

Article 26 of the State authorities may produce noise pollution of industrial equipment, shall, in accordance with sound environmental protection requirements and the country's economic and technical conditions, and gradually develop products according to the law of the national standards, industry standards in the noise limits. In the preceding paragraph industrial equipment running noise values when issued, shall be the relevant technical file.

Chapter IV construction noise pollution prevention

Article 27 of this law, the construction noise is means the building construction process of the sound of the surrounding environment.

Article 28 within urban areas in cities around the living environment of the construction noise emissions should conform to national rules of construction site boundary environmental noise emission standards.

Article 29 urban areas in the city, the building construction process using mechanical devices that may produce noise pollution, construction unit must be in the project location to 15 projects and local people's Governments at or above the county level environmental protection administration departments to declare the project name, construction sites and duration, the possible values for environmental noise and the noise pollution prevention measures.

Article 30 in urban urban noise-sensitive buildings set within the region, the prohibition of night noise pollution generated by construction jobs, but rush, rescue operations and production process requirements or special needs, with the exception of the job must be continuous.

Any special needs must be continuous job, must have the people's Governments at or above the county level, or their relevant competent authorities. In the preceding paragraph night job, you must notice residents nearby.

Chapter v transport noise pollution prevention

Article 31 transport noise referred to in this law, refers to motor vehicles, railway locomotive and motor vessels, aircraft and other means of transport at run time, the resulting interference with the sound of the surrounding environment.

Article 32, to prohibit the manufacture, sale or import more than the noise limits for cars.

Article 33 within the urban markets of motor vehicle muffler and speakers must comply with national requirements. Motor vehicle repair and maintenance must be strengthened, and maintain technical performance good, the prevention of noise pollution.

Article 34 motor vehicles in urban traffic in the urban context, maneuvering the ship City urban area of inland waterway navigation, railway locomotive travelling through or into the city's downtown, sanitariums, you must use the sound device in accordance with the regulations.

Police cars, fire engines, ambulances, emergency vehicles, construction and other motor vehicle installation, use the alarm, must comply with the provisions of the Police Department under the State Council; the implementation of non-urgent tasks, the prohibition of the use of alarm.

Article 35 cities people's public security organs according to local city urban area sound environmental protection needs, draw against motor vehicle traffic and prohibit their use of sound equipment for road and time and notice to the society.

Article 36 of the building through the existing noise-sensitive buildings set area highways and urban loft, light rail road, could cause environmental noise, noise barrier should be set up or take other effective control measures on noise pollution.

Article 37 in existing urban traffic arteries of construction noise-sensitive buildings on both sides, construction unit should provide interval a certain distance, and take relief, avoid traffic noise impact measures.

Article 38 of the station, a railway marshalling yard, ports, terminals, airports, etc. When you use the command loudspeakers, should control the volume, reduce noise on the surrounding environment.

39 through urban neighbourhoods, and educational area of railway, railway locomotive operating environment noise pollution, the local city people's Government shall organize the railway sector and other relevant departments, for reducing noise pollution. The railway sector and other relevant departments shall, in accordance with the planning of requirements, to take effective measures to reduce noise pollution.

Article 40, in addition to the take-off, To descend or as provided in the law, the civil aircraft flying over the city urban area shall not be. City people's Government shall be made in the aircraft take-off and landing clearance around designate restricted construction noise-sensitive buildings and areas; in the area of construction noise-sensitive buildings, construction unit should be done to mitigate or avoid aircraft runtime-generated noise impact measures. The civil aviation sector should take effective measures to reduce noise pollution.

Chapter VI of the social life of noise pollution

Article 41 of this law in the social life of noise, refers to human activities in addition to industrial noise, traffic and transport construction noise and interference noise from the surrounding environment.

42 in urban urban noise-sensitive buildings set within the region, due to commercial business activities using fixed equipment noise pollution caused by commercial enterprises, must be in accordance with the State environmental protection administration departments, to the location of the local people's Governments at or above the county level environmental protection administration departments reporting has caused environmental noise pollution equipment status and control of noise pollution in facilities.

43 new business culture entertainment boundary noise must comply with national environmental noise emission standards; not compatible with the national environmental noise emission standards, cultural administrative departments shall not issue a permit to operate the culture, the administrative authority for industry and commerce business license shall not be issued.

Management of cultural entertainment, it managers must take effective measures to make its boundary noise is not more than the State of environmental noise emission standards.

Article 44 prohibits commercial business activities using treble loudspeakers or other loud noise way to attract customers.

In commercial business activities using the air conditioner, cooling towers, etc may produce noise pollution equipment, facilities, their managers should take measures so that its boundary noise is not more than the State of environmental noise emission standards.

Article 45 prohibits any units and individuals in the city of urban noise-sensitive buildings set within the area of loudspeakers with the treble.

In the city's urban streets, squares, parks and other public organizations activities such as entertainment, Assembly, use the audio equipment may interfere with the surrounding environment of excessive volume, you must comply with the provisions of the local public security organs.

Article 46 use household appliances, instruments or other family room entertainment activities, should control the volume or to take other measures to prevent residents of surrounding noise pollution.

Article 47 in the completed delivery of residential building for indoor decoration, should limit the working time, and take other effective measures to mitigate and avoid surrounding noise pollution to residents.

Liability under Chapter VII of the

Forty-eighth article violates this law to the provisions of article 14, the construction project in need of environmental noise pollution prevention facilities not built or not meeting State requirements, production or use without authorization, the approval of the project's environmental impact report of the environmental protection administration departments ordered the cessation of production or use, and a fine.

Forty-ninth article violates this law to stipulate, refusing or misrepresents the environmental noise emissions reporting matters, local people's Governments at or above the county level environmental protection administration departments can according to different circumstances, and given a warning or a fine.

50 article violates this law to the provisions of article 15, without environmental protection administration departments approve the dismantling or idle environment noise pollution prevention facilities, resulting in noise emissions exceed the prescribed standards, by the local people's Governments at or above the county level environmental protection administration departments ordered corrective action and a fine.

51 article violates this law to the provisions of article XVI, not in accordance with the national pay Super standard sewage charges, the local people's Governments at or above the county level environmental protection administration departments can according to different circumstances, and given a warning or a fine.

Article 52 violates the provisions of article 17, on the improvement within a complete governance overdue tasks of enterprises or institutions, except in accordance with State regulations are super standard charges, can cause harm to, or order them out of business, relocation, closed. In the preceding paragraph penalty by environment protection administration departments. Order the closure, removal, close by the people's Governments at or above the county level, in accordance with the provisions of the State Council decided that permission.

53 contrary to article 18 of this law, production, sale and imports prohibition, production, sales and import of equipment, the people's Government at or above the county level economic departments of correction; serious cases, by the people's Governments at or above the county level, economic departments of the comments submitted in accordance with the provisions of the State Council at the Government's permission to order closure, closure.

54th article violates this law to the provisions of article 19, without the approval of the local public security organs, to produce the occasional strong noise activities by the public security organs under different circumstances shall issue a warning or a fine.

55 emission noise unit violates the provisions of article 21, the denial of the environmental protection administration departments or other according to the provisions of this law in the exercise of supervision and management of environmental noise in departments, agencies on-site inspection or the check fraud, the environmental protection administration departments or other according to the provisions of this law in the exercise of supervision and management of environmental noise of regulatory agencies, institutions can give according to different circumstances, a warning or a fine.

Article 56 of this Act in construction units in breach of article 30, paragraph 1, in the city of urban noise-sensitive buildings set within the region, night prohibited production environment noise pollution of construction jobs, construction site local people's Governments at or above the county level environmental protection Administration Department of correction, and concurrently impose a fine.

Seventh article violates this law to the provisions of article 34, motor vehicles, in accordance with the provisions of theWith a sound device, the local public security organs under different circumstances shall issue a warning or a fine.

Maneuvering the ship in the preceding paragraph, of the violation by the port authority institutions under different circumstances shall issue a warning or a fine. Railway locomotives have a first offence, by the railway authorities to the relevant personnel administrative action.

Eighth article violates this law to stipulate that any of the following acts shall be given a warning by the police, can do fine:

(A) in the city of urban noise-sensitive buildings set within the area of use high-pitched loudspeakers;

(Ii) violation of the provisions of the local public security organs, in urban urban streets, squares, parks and other public organizations activities such as entertainment, Assembly, use the audio equipment, produce interference around the living environment of excessive volume;

(Iii) the failure of this law, article 46 and article 47 provides for the adoption of measures, from the family room issued serious interference with the surrounding inhabitants living environment noise.

Ninth article violates this law to article 43 (2), article 44, paragraph 2, the ambient noise pollution caused by the local people's Governments at or above the county level environmental protection Administration Department of correction, and concurrently impose a fine.

60 article violates this law to article 44, paragraph 1, the noise pollution caused by the public security Office ordered corrective action, and a fine.

The decision according to a provincial people's Government at or above the county level people's Government at or above the Administrative Department of environmental protection in the exercise of the administrative penalties prescribed in the preceding paragraph, right from its decision.

Article 61 is affected by environmental noise pollution hazards unit or individual has the right to require the perpetrator to eliminate it; the loss compensation.

Liability and compensation of the dispute, according to client's request, by environment protection administration departments or other environmental noise pollution prevention and control of the regulatory agency, the Agency's mediation process; mediation, the parties may bring a lawsuit. The party may also directly to the Court.

Article 62 of the noise pollution prevention inspectors and control personnel from abuse, neglect, took private fraud, from its organization or competent authority imposes the administrative sanction; the Constitution crime, legally investigates the legal responsibility.

Chapter supplementary articles

Article 63 of this law in the meaning of the following terms:

(A) "noise emissions" means the noise source to the living environment of radiation noise around.

(Ii) "noise-sensitive buildings" refers to hospitals, schools, offices, research units, residential and other buildings need to be quiet.

(Iii) "noise-sensitive buildings focus area" refers to the medical area, cultural and educational research area and to organs or residence as the main area.

(Iv) "night time" refers to the late twenty-two in the morning the period between the six.

(V) "motor vehicle" means a motor vehicle and motorcycle.

Article 64 of this law as from 1 March 1997.

In 1989, September 26, the State Council for the prevention of noise pollution People's Republic of China Ordinance abolished at the same time.