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对外经济开放地区环境管理暂行规定 INTERIM PROVISIONS FOR THE ADMINISTRATION OF THE ENVIRONMENT IN THE ECONOMIC ZONES OPEN TO THE OUTSIDE WORLD

2006-05-18 14:44   我要纠错 | 打印 | 收藏 | | |

国函(1986)29号
(Approved by the State Council on March 4, 1986 and promulgated by the State Administration for Environmental Protection on March 15, 1986)
颁布日期:19860315  实施日期:19860315  颁布单位:国家环境保护局

  Article 1 These Provisions are formulated for the purpose of strengthening the administration of the environment in the economic zones open to the outside world, preventing and remedying environmental pollution and the disruption of ecological balance, safeguarding human health and protecting and creating good investment environment so as to promote economic and social development.

  Article 2 The term “economic zones open to the outside world” as used in these Provisions refers to the special economic zones, the open coastal cities and the coastal economic development areas approved by the State.

  All units and individuals that are engaged in production and business activities in the economic zones open to the outside world shall abide by these Provisions.

  Article 3 People's governments at various levels in the economic zones open to the outside world shall adhere to the principles of “having prevention as the main concern and combining prevention with remedying” and strengthen the work for the comprehensive improvement of the environment. They shall incorporate environmental protection into the economic and social development plans of their own localities and specify the targets, tasks and measures with respect to environmental protection and organize the implementation thereof.

  Article 4 It shall be imperative to evaluate the impact on the environment, carry out overall planning and ensure rational distribution, if construction of new areas is to be undertaken in the economic zones open to the outside world. All departments concerned shall carry out the construction in strict accordance with the requirements in respect of planning and distribution.

  The existing irrational distribution of the economic zones open to the outside world shall be rectified gradually in conjunction with urban reform and industrial readjustment. In residential areas, water-resource reserves, health resorts, nature reserves, tourist resorts, scenic spots and places of historic interest, and other areas which need special protection, no projects that may cause environmental pollution may be constructed and a deadline shall be set for any such projects that have been completed to be improved, readjusted, or removed.

  Article 5 With respect to projects that are not covered by the State provisions concerning the standards of environmental quality, the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government having jurisdiction over the economic zones open to the outside world may formulate their own local supplementary standards. If the implementation of the State standards concerning the discharge of pollutants fails to satisfy the requirements for environmental quality of their own localities, they may formulate their own local standards concerning the discharge of pollutants which are stricter than the State standards concerning the discharge of pollutants and submit them to the State departments for environmental protection for the record.

  The local standards concerning the discharge of pollutants formulated in accordance with the provisions of the preceding paragraph shall be implemented by the enterprises and institutions in the localities.

  Article 6 Technology and equipment introduced from abroad into the economic zones open to the outside world shall conform to the requirement that they shall cause no pollution or little pollution. If the technology or equipment to be introduced from abroad will cause pollution and no means is yet available at home to tackle it, the corresponding environmental protection facilities shall be introduced simultaneously. With respect to all newly- constructed projects, alteration projects or expansion projects, it shall be imperative to ensure that both the supporting facilities for preventing and remedying environmental pollution and the principal part of the project are put into operation simultaneously.

  Article 7 When entering into an economic contract, all units and individuals in the economic zones open to the outside world shall specify the obligations and responsibilities of each of the parties thereto in respect of environmental protection and ensure that measures for preventing and remedying environmental pollution are duly stipulated. The contract may not contain anything that runs counter to the laws and regulations of the State or of the locality for environmental protection.

  Article 8 Units that intend to engage in developmental construction in the economic zones open to the outside world shall, in accordance with the pertinent provisions of the State, submit an environmental impact report/form(s) and a text on environmental protection in the preliminary design of a construction project and shall, upon completion of the project, submit a report on inspecting and accepting the completed environmental protection facilities.

  The department for environmental protection shall, within 45 days of receipt of the environmental impact report/form(s) or within 30 days of receipt of the text on environmental protection in the preliminary design of a construction project and the report on inspecting and accepting the completed environmental protection facilities, give an official written reply to the unit that has submitted the above-mentioned documents. If no such reply is given within the prescribed period of time, the documents submitted shall automatically become effective.

  Article 9 Enterprises and institutions in the economic zones open to the outside world that have to discharge pollutants shall apply to the departments for environmental protection under the local people's governments for permission to discharge pollutants and fill in forms to report truthfully on the pollutant discharging and treating facilities that they possess and the kind(s) of pollutants to be discharged, the mode(s) of discharging, and the quantity and density of the pollutants under normal operational conditions. Their production or business operations shall begin only after the application has been verified and approved and the document for the registration of pollutant discharge has been obtained. If changes have taken place in the discharge of pollutants, these shall be reported in good time to the departments for environmental protection under the local people's governments.

  Those that discharge pollutants in excess of the State or local standards shall pay an excess pollutant discharge fee in accordance with the pertinent provisions of the State; those that discharge pollutants into water shall pay a pollutant discharge fee in accordance with the pertinent provisions of the State.

  Article 10 The departments for environmental protection under the people's governments at various levels in the economic zones open to the outside world shall be responsible for organizing, co-ordinating, supervising and inspecting the work of environmental protection in their own localities.

  The units that are subjected to supervision and inspection shall provide the actual relevant information and data. The departments for environmental protection shall undertake the obligation and responsibility to maintain the confidentiality of the information and data provided by the units that are subjected to supervision and inspection.

  Article 11 The departments for environmental protection under the people's governments at various levels in the economic zones open to the outside world or other competent departments may order those units that have violated these Provisions and caused pollution damage to remedy the situation within a prescribed period of time, pay the expenses for eliminating the pollution and compensate for the losses thus incurred and may also give them a warning or impose a fine on them.

  Any party concerned that does not accept the penalties may file a suit with a people's court within 15 days of receipt of the written decision concerning the penalties. If no suit is filed and yet the decision is not carried out within the prescribed period of time, the departments for environmental protection or other competent departments may apply to the people's court for the compulsory enforcement of the decision.

  Article 12 The people's governments of the provinces, autonomous regions and municipalities where the economic zones open to the outside world are located may formulate measures for the implementation of these Provisions in accordance therewith.

  Article 13 These Provisions shall go into effect on the date of promulgation.

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