Environmental Protection Law of the People's Republic of China

Environmental Protection Law of the People's Republic of China


Environmental Protection Law of the People's Republic of China

Order of the President [1989] No. 22

December 26, 1989

Adopted at the 11th Session of the Standing Committee of the Seventh National People's Congress on December 26, 1989 and promulgated by the Order of the President of the People's Republic of China [1989] No.22 with immediate effect.
The Environmental Protection Law of the People's Republic of China has been adopted at the 11th Session of the Standing Committee of the Seventh National People's Congress on December 26, 1989 and shall come into force as of the date of promulgation.
President of the People's Republic of China Yang Shangkun

Environmental Protection Law of the People's Republic of China

Contents
Chapter I General Provisions
Chapter II Supervision and Management of the Environment
Chapter III Protection and Improvement of the Environment
Chapter IV Prevention and Control of Environmental Pollution and Other Public Hazards
Chapter V Legal Liability
Chapter VI Supplementary Provisions

Chapter I General Provisions
 
Article 1 This Law has been formulated for the purpose of protecting and improving both the living environment and the ecological environment, preventing and controlling pollution and other public hazards, safeguarding human health and facilitating the development of socialist modernization.
 
Article 2 The term "environment" as used in this Law refers to the total body of all nature and artificially transformed natural elements that affect human existence and development, including the atmosphere, water, seas, land, minerals, forests, grasslands, wildlife, natural human remains, nature reserves, historic sites and scenic spots, and urban and rural areas.
 
Article 5 The state shall encourage the development of education on environmental protection science, strengthen the study and development of environmental protection science and technology, raise scientific and technological standards in environmental protection and foster the spread of scientific knowledge on environmental protection.
 
Article 6 All entities and individuals shall have an obligation to protect the environment and shall have the right to report or file charges against any entity or individual that causes the pollution of or damage to the environment.
 
Article 7 The competent administrative department of environmental protection under the State Council shall supervise and manage environmental protection work throughout the country in a unified manner.
The competent administrative departments of environmental protection of the local people's governments at or above the county level shall supervise and manage environmental protection work within the respective areas under their jurisdiction in a unified manner.
The State Administrative Department of Marine Affairs, the Harbor Superintendency Administration, the Fisheries Administration and fishing harbor superintendency agencies, the Environmental Protection Department of the armed forces and the administrative departments of public security, communications, railways and civil aviation at all levels shall, in accordance with the provisions of relevant laws, supervise and manage the prevention and control of environmental pollution.
The competent administrative departments of land, minerals, forestry, agriculture and water conservancy of the people's governments at or above the county level shall, in accordance with the provisions of relevant laws, supervise and manage the protection of natural resources.
 
Article 8 Peoples governments shall grant awards to entities and individuals that make outstanding contributions to the protection and improvement of the environment.

Chapter II Supervision and Management of the Environment
 
Article 9 The competent administrative department of environmental protection under the State Council shall formulate national environmental quality standards.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate local environmental quality standards for matters not specified in national environmental quality standards and shall submit them to the competent administrative department of environmental protection under the State Council for the record.
 
Article 10 The competent administrative department of environmental protection under the State Council shall, in accordance with national environmental quality standards and the country's economic and technological conditions, formulate national standards for the discharge of pollutants.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate local standards for the discharge of pollutants for matters not specified in national standards; with regard to items already specified in national standards, they may set local standards that are more stringent than national standards and submit the same to the competent administrative department of environmental protection under the State Council for the record.
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