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中华人民共和国环境噪声污染防治条例 REGULATIONS OF THE PEOPLE'S REPUBLIC OF CHINA ON PREVENTION AND CURE OF AMBIENT NOISE POLLUTION

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国务院第40号令
(Adopted by the 47th Executive Meeting of the State Council on September 1, 1989, promulgated by Decree No. 40 of the State Council of the People's Republic of China on September 26, 1989)(Editor's Note: These Regulations have been annulled by Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution promulgated on October 29, 1996)
时效性:失效  颁布日期:19890926  实施日期:19891201  失效日期:19970301  颁布单位:国务院

  Chapter I General Provisions

  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 Article 5 Local governments at different levels when formulating construction programmes for cities, towns and villages shall properly design different functional areas and location of constructions, structions and roads in such away 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 air crafts respectively.

  Public security organs at different levels shall be responsible 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 units and individuals who have made outstanding achievements in provention and cure of ambient noise pollution.

  Chapter II Standards of Ambient Noise and Monitor and Measure of Ambient Noise

  Article 10 The environment protection department of the State Council shall formulate the national quality standards governing ambient noise.

  Local people's governments at and above the county level shall, according to prescriptions of different national ambient noise quality standards applicable to different districts, designate different environmental districts within their own administrative regions.

  Article 11 The environment protection department of the State Council 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.

  The people's government of province, prefecture or autonomous region may 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.

  Whenever ambient noise is emitted in the living areas where local standards governing ambient noise emission are available, the local standards shall be complied with.

  Article 12 The environment protection department of the State Council 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.

  Article 13 Wherever the ambient noise emission standards are exceeded, effective measures shall be taken to bring the situation under control and a fee shall be levied for pollution emission above normal standards according to corresponding state provisions. The fees so levied shall be used for the purpose of provention and cure of ambient noise pollution.

  Article 14 Environment protection departments and other concerned 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 imitated. The concerned unit and individual shall report the true situation and supply 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

  Article 15 Any new construction, reconstruction or extension shall be subject to corresponding state provisions regarding environment protection with construction.

  The report of environmental implications of construction shall include 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.

  Finished construction before being used for production or other purposes shall have its facilities for preventing and curing noise pollution be subject to the check- up of environment protection department and be deemed up to the standard.

  Article 16 Wherever industrial noise is emitted to ambient living 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.

  In case there is a great change concerning the type, number of noise 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.

  Article 17 Enterprises and institutions whenever having noise emitted into ambient living environment shall comply with corresponding state prescriptions of standards governing emission of ambient noise within limited boundary.

  Article 18 Any enterprise or institution who has noise emitted in excess 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.

  The cure of noise pollution within a limited time by an enterprise or 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, autonomous regions or municipality under the direct leadership of the central government shall be proposed 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.

  Article 19 In case an enterprise which produces products of urgent 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 open other arrangements for protection of the rights and interests of the victims subject to the approval of the local people's government.

  Article 20 Any unit who engages in activities with occasional emission of 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.

  In advance to the occasional emission of strong noise the environment 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

  Article 21 Any unit in charge of construction who has noise emitted into ambient living environment shall comply with state prescribed standards governing emission of ambient noise within limited boundary of construction.

  Article 22 In case facilities, equipments or other apparatus when used 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.

  Article 23 In case the emission of construction noise exceeds the state 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.

  Article 24 It shall be prohibited to conduct construction at night that creates noise pollution and disturbs the rest of residents in residential districts, cultural and educational districts or convalescent districts except for urgent repairs or emergency. If technology or special necessity requires continuous construction, it shall be subject to approval of environment department of the people's government at or above the county level.

  Article 25 In case the emission of construction noise into ambient living 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 open 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

  Article 26 Moving motor vehicles shall have equipped with them silencers 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.

  Equipment of alarms on fire trucks, ambulances, construction 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.

  Article 27 Different motor-driven ships including hovercrafts shall use sound signals according to corresponding provisions.

  Article 28 Public security departments and communications administration departments of the people's governments 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.

  Article 29 Trains passing or arriving in urban district of a city, convalescent district or scenic spot shall use only air whistle.

  Article 30 Air crafts which emit noise when taking off or landing shall conform to the standards governing emission of noise by air crafts. Air crafts shall be prohibited from exercising hedgehopping in the air over urban district of a city.

  Article 31 Bus or railway stations, marshalling stations, harbour, 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

  Article 32 Loudspeakers of strong power and propaganda cars with 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.

  Article 33 It shall be prohibited to make loud noise to canvassing customer in commercial districts.

  Article 34 Managers of entertainment places, sports gymnasiums and stadiums shall adopt effective measures to lessen or eliminate the influence of noise upon ambient environment.

  Article 35 Anyone who uses household appliances or organise indoor entertainment activities shall control the volume of sound to avoid disturbing other residents.

  Chapter VII Legal Liabilities

  Article 36 For committing of any of the following offences in 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 punish ment in light of the seriousness of the offence:

  1) refusal of or lying in report for registration of matters concerning emission of noise as are required by environment protection department of the State Council;

  2) arbitrarily dismantling or idling facilities for prevention and cure of noise pollution or having noise emitted in excess of prescribed standards governing noise emission without prior approval of environment protection department;

  3) refusal to accept on-spot investigation of environment protection department or other supervisory and administrative organ or practicing fraud during the investigation;

  4) disobey of the provisions of the people's government regarding 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;

  5) vehicles emitting noise in excess of prescribed standards governing emission of noise by motor-driven vehicles;

  6) trains using air whistles when passing or arriving in urban district of cities, convalescent districts or scenic spots;

  Article 37 In case the fee for emission of pollution fails to be paid, a 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.

  Article 38 Committing of any of the following offence in violation of 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:

  1) using loudspeakers of strong power or propaganda cars with strong power loudspeakers in public places such as streets, squares, parkas or in convalescent districts or scenic spots without prior approval of the people's government at or above the county level;

  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 accordance with corresponding provisions;

  5) driving motor vehicles or sailing ships when and where it is banned to do so;

  Article 39 In case a construction is used for production or other 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.

  Article 40 In case an enterprise or institution fails to complete the ordered treatment of noise within a limited time, a fine may be imposed in light of the consequent damages or a charge may be issued to suspend production or shutdown in addition to payment of certain fee for emission of pollution according to corresponding state provisions.

  The punishment of fine shall be decided by environment protection 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 revenant department.

  Article 41 If an offence in violation of the present Regulations causes serious damages in consequence of noise pollution, the unit to which the offender is attached or the responsible organ at the higher level shall impose an administrative disciplinary sanction, or in case a crime is constituted, the criminal liabilities shall be assessed.

  Article 42 If the person concerned refuses to accept the disciplinary 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 seeing 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.

  Any refusal to accept punishment of security administration shall be handled according to the regulations regarding security administration and penalties.

  Article 43 Any unit or individual who have caused emission of noise pollution shall have the liabilities to eliminate the consequent harms and compensate the units or individuals for the losses they directly suffers.

  Disputes a ring from compensation liabilities and volume of damages 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.

  Article 44 Any occurrence of abuse of power, favoritism or negligence 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

  Article 45 The environment protection department of the State Council shall be responsible for interpretation of the present Regulations.

  Article 46 Provinces, autonomous regions and municipalities under the direct leadership of the Central Government may formulate more detailed provisions for implementation of the present Regulations in light of their own circumstances.

  Regulations regarding prevention and cure of noise pollution from military activities shall be separately formulated by the military.

  Article 47 The present Regulation shall come into effect as of the date of December 1, 1989.

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