Law of the People's Republic of China on the Prevention and Control of Ambient Noise Pollution

Law of the People's Republic of China on the Prevention and Control of Ambient Noise Pollution

Order of the President [1996] No. 77

October 29, 1996

The Law of the People's Republic of China on the Prevention and Control of Ambient Noise Pollution, which was adopted at the 20th session of the Standing Committee of the 8th National People's Congress on October 29, 1996, is released hereby and shall take effect as of March 1, 1997.

President of the People's Republic of China Jiang Zemin

Appendix: Law of the People's Republic of China on the Prevention and Control of Ambient Noise Pollution

Contents
Chapter I General Provisions
Chapter II Supervision and Administration of the Prevention and Control of Ambient Noise Pollution
Chapter III Prevention and Control of Industrial Noise Pollution
Chapter IV Prevention Control of Construction Noise Pollution
Chapter V Prevention and Control of Traffic Noise Pollution
Chapter VI Prevention and Control of Pollution by Noise of Social Activities
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted for the purpose of preventing and controlling ambient noise pollution, protecting and improving the living environment, ensuring human health and promoting economic and social development.

Article 2 For purposes of this Law, "ambient noise" means the sound that is emitted in the course of industrial production, construction, transportation and social activities and that impairs the living environment of the neighbourhood.
"Ambient noise pollution" , as used in this Law, means that the ambient noise emitted exceeds the ambient noise emitted limits set by the State on the ambient noise emitted and impairs people's daily life, work and study.

Article 3 This Law shall apply to prevention and control of ambient noise pollution in the territory of the People's Republic of China.
This Law shall not apply to prevention and control of noise hazards incurred in the course of production or business operation one is engaged in.

Article 4 The State Council and local people's governments at various levels shall incorporate prevention and control of ambient noise pollution into their environmental protection plans and adopt economic and technological policies and measures to protect the acoustic environment.

Article 5 Local people's governments at various levels shall, when drawing up urban and rural development plans, give full consideration to the impact of noise emitted by construction projects and regional development and renovation projects on the living environment of the neighbourhood, make unified plans and rationally arrange the layout of the function areas and the buildings, in order to prevent or minimize ambient noise pollution.

Article 6 The competent administrative department for environmental protection under the State Council shall exercise unified supervision and administration of the prevention and control of ambient noise pollution throughout the country.
The competent administrative departments for environmental protection of the local people's governments at or above the county level shall exercise unified supervision and administration of the prevention and control of ambient noise pollution within their respective administrative regions.
The competent administrative departments for public security, communications, railways and civil aviation as well as harbour superintendency administration at various levels shall, within their respective functions and duties, exercise supervision and administration of the prevention and control of noise pollution by traffic and social activities.

Article 7 All units and individuals shall have the obligation to protect the acoustic environment and shall have the right to inform against and accuse any unit or individual that pollutes the environment with noise.

Article 8 The State encourages and supports scientific research and technological development relating to the prevention and control of ambient noise pollution, promotes wide adoption of advanced technologies in this area and disseminates scientific knowledge about prevention and control of such pollution.

Article 9 The people's governments shall give awards to units and individuals that have achieved outstanding successes in preventing and controlling ambient noise pollution.

Chapter II Supervision and Administration of the Prevention and Control of Ambient Noise Pollution

Article 10 The competent administrative department for environmental protection under the State Council shall establish national standards for acoustic environmental quality for different function areas.
Local people's governments at or above the county level shall, in accordance with the national standards for acoustic environmental quality, divide their respective administrative regions into different zones for application of different standards for acoustic environmental quality and exercise control accordingly.

Article 11 The competent administrative department for environmental protection under the State Council shall, in accordance with the national standards for acoustic environmental quality and the State's economic and technological conditions, fix national limits for ambient noise emission.

Article 12 When determining the layout of buildings, urban planning departments shall, in accordance with the national standards for acoustic environmental quality and the sound insulation design standards for civil architecture, decide on the rational distance between the structures and the traffic trunk lines in order to keep the structures away form noise as well as the requirements on planning and design accordingly.

Article 13 Every project under construction, renovation or expansion must conform to the regulations of the State governing environmental protection.
Where a construction project might cause ambient noise pollution, the unit undertaking the project must prepare an environmental impact statement which includes the measures it takes to prevent and control such pollution, and submit it, following the procedures prescribed by the State, to the competent administrative department for environmental protection for approval.
The environmental impact statement shall include the comments and suggestions of the units and residents in the place where the construction project is located.

Article 14 Facilities for prevention and control of ambient noise pollution must be designed, built and put into use simultaneously with the main part of a construction project.
Before a construction project is put into production or use, its facilities for prevention and control of ambient noise pollution must be inspected by the competent administrative department for environmental protection that originally approved the environmental impact statement; if such facilities fail to meet the requirements of the State, the construction project may not be put into production or use.

Article 15 Enterprises and institutions that produce ambient noise pollution must maintain normal operation of the facilities for prevention and control of such pollution; whoever intends to dismantle or leave idle such facilities must report the matter in advance to the competent administrative department for environmental protection of the local people's government at or above the county level for approval.

Article 16 Units that produce ambient noise pollution shall take measures to control it and pay fees for excessive emission of such pollution according to the regulations of the State.
The fees collected from excessive emission of pollution must be used for prevention and control of pollution and may not be appropriated for any other use.

Article 17 Any enterprise or institution that produces serious ambient noise pollution in an area where noise-sensitive structures are concentrated shall be ordered to control the pollution within a time limit.
The unit that is ordered to control the pollution within a time limit must accomplish the task on schedule.
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