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CHAPTER I GENERAL PROVISIONS
Article 1 This Law is enacted for the purpose of preventing and
controlling environmental noise pollution, protecting and improving
the living environment, ensuring human health and promoting economic
and social development.
Article 2 For purposes of this Law, "environmental 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 neighborhood.
"environmental noise pollution", as used in this Law, means that the
environmental noise emitted exceeds the environmental noise emitted
limits set by the State on the environmental noise emitted and impairs
people's daily life, work and study.
Article 3 This Law shall apply to prevention and control of
environmental 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 environmental 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
environmental 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 environmental
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 environmental 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
environmental 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 environmental noise pollution.
CHAPTER II SUPERVISION ADMINISTRATION OF PREVENTION AND CONTROL OF
ENVIRONMENTAL 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
environmental 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 environmental 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 environmental
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 environmental 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 environmental
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 environmental 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
environmental 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. A decision on such control shall
be made by the people's government at or above the county level within
the limits of its power granted by the State Council.
In the case of a small enterprise or institution, the decision on
controlling pollution within a time limit may be made by the competent
administrative department for environmental protection that is
authorized by a people's government at or above the county level
within the limits of its power granted by the State Council.
Article 18 The State applies an elimination system for out-dated
equipment that produces serious environmental noise pollution. The
competent department for comprehensive economic and trade affairs
under the State Council shall, together with relevant departments of
the State Council, publish catalogs of equipment that, because of the
serious environmental noise pollution it produces, is forbidden to be
manufactured, sold or imported within a time limit. The manufacturers,
sellers and importers must stop manufacturing, selling or importing
the equipment included in the catalogs mentioned in the preceding
paragraph, within the time limit set by the competent department for
comprehensive economic and trade affairs under the State Council
together with the relevant departments of the State Council.
Article 19 In the case where sporadic strong noise is truly
unavoidable in production conducted within an urban area, the matter
must first be applied to the local public security organ for approval.
Upon giving approval, the local public security organ shall make it
known to the public.
Article 20 The competent administrative department for environmental
protection under the State Council shall establish a system for
monitoring environmental noise, establish monitoring standards, and
set up a monitoring network with the relevant departments. The
environmental noise monitoring institutions shall, as required, submit
reports on the environmental noise monitoring results to the competent
administrative department for environmental protection under the State
Council.
Article 21 The competent administrative departments for environmental
protection of the people's governments at or above the county level
and other departments or institutions in charge of supervision and
administration of the prevention and control of environmental noise
pollution shall, within the limits of their respective functions and
duties, have the power to conduct on-the-spot inspection of the units
that emit environmental noise within the areas under their
jurisdiction. The units under inspection must give a true account of
the actual situation and provide the necessary information. The
departments or institutions conducting such inspection shall keep
confidential the technological and business secrets of the inspected
units. The inspectors shall produce their credentials before
conducting on-the- spot inspection.
CHAPTER III PREVENTION AND CONTROL OF INDUSTRIAL NOISE POLLUTION
Article 22 For purposes of this Law, "industrial noise" means the
sound that is emitted by the permanent equipment used in the course of
industrial production and that impairs the living environment of the
neighborhood.
Article 23 The industrial noise emitted to the living environment of
the neighborhood within an urban area shall be kept within the limits
set by the State on emission of environmental noise within the
boundary of an industrial enterprise.
Article 24 Any industrial enterprise that produces environmental noise
pollution due to the use of permanent equipment in the course of
industrial production must, in accordance with the regulations of the
competent administrative department for environmental protection under
the State Council, report to the competent administrative department
for environmental protection of the local people's government at or
above the county level the types and quantity of its equipment that
produces environmental noise pollution, the noise level produced under
normal operation and the facilities installed for prevention and
control of such pollution, and provide technical information relating
to the prevention and control of noise pollution.
Any industrial enterprise that intends to make a substantial change in
the types or quantity of the equipment that produces environmental
noise pollution, in the noise level or facilities for prevention and
control of such pollution must submit a report without delay and take
prevention and control measures as it should.
Article 25 Industrial enterprises that produce environmental noise
pollution shall take effective measures to minimize the impact of
noise on the living environment of the neighborhood.
Article 26 With regard to industrial equipment that might produce
environmental noise pollution, the relevant competent departments
under the State Council shall, in accordance with the requirements for
protection of the acoustic environment and the State's economic and
technological conditions, gradually include the noise level limits in
the national standards and trade standards for products established
according to law.
The level of noise emitted by the industrial equipment in operation
mentioned in the preceding paragraph shall be specified in relevant
technical documents.
CHAPTER IV PREVENTION AND CONTROL OF CONSTRUCTION NOISE POLLUTION
Article 27 "Construction noise", as used in this Law, means the sound
that is emitted in the course of construction and that impairs the
living environment of the neighborhood.
Article 28 The construction noise emitted to the living environment of
the neighborhood within an urban area shall be kept within the limits
set by the State on the emission of environmental noise within the
boundary of a construction site.
Article 29 The unit in charge of a construction project which may
produce environmental noise pollution due to the use of machines and
other equipment, must report, 15 days before commencement of
construction, to the competent administrative department for
environmental protection of the local people's government at or above
the county level the name of the project, the construction site, the
length of time needed for completion of the project, the possible
level of environmental noise and the measures taken for prevention and
control of such pollution.
Article 30 In an urban area where noise-sensitive structures are
concentrated, construction operation that produces environmental noise
pollution is forbidden at night, with the exception of rush repairs,
rescue operations or continued operations required by production
techniques or by special needs.
For continued operation due to special needs, there must be a permit
issued by the people's government at or above the county level or by
the relevant competent department under it.
Night operation mentioned in the preceding paragraph must be made
known to the residents in the neighborhood.
CHAPTER V PREVENTION AND CONTROL OF TRAFFIC NOISE POLLUTION
Article 31 "Traffic noise", as used in this Law means the sound that
is emitted by such means of transport as motor vehicles, locomotives,
motor vessels and aircraft in motion and that impairs the living
environment of the neighborhood.
Article 32 It is forbidden to manufacture, sell or import automobiles
that emit noise beyond the limits set on noise level.
Article 33 Mufflers and horns of motor vehicles driven within urban
areas must meet the requirements of the State. Motor vehicles must be
regularly serviced and kept in good repair in order to maintain
excellent technical performance and help prevent and control
environmental noise pollution.
Article 34 When motor vehicles are driven in urban areas, motor
vessels are navigated along inland rivers in urban areas, and
locomotives are running through or entering urban areas or sanatorium
areas, their sound-making apparatus must be used in compliance with
regulations.
Alarming sirens must be installed on such motor vehicles as police
cars, fire engines, engineering rescue vehicles and ambulances and
used in compliance with the regulations of the public security
department under the State Council. It is forbidden to use the
alarming sirens unless when urgent tasks are performed.
Article 35 The public security organs of municipal people's
governments may, in line with the need to protect the local acoustic
environment of the urban areas, demarcate no-motor-vehicle or no-horn
road sections and hours, and make them known to the public.
Article 36 To build expressways, urban overhead road and light-tract
lines that traverse areas where there are concentrated noise-sensitive
structures and that might produce environmental noise pollution, sound
barriers shall be erected or other effective measures shall be taken
to control environmental noise pollution.
Article 37 To build noise-sensitive structures on both sides of
existing urban traffic trunk lines, the construction unit shall, in
accordance with the regulations of the State, keep such structures a
certain distance away from the lines and take measures to mitigate or
avoid the impact of traffic noise.
Article 38 Where loudspeakers are used to direct operations at
transport terminals, railway marshal yards, ports, docks and airports,
the sound volume shall be controlled so as to minimize the noise
impact on the living environment of the neighborhood.
Article 39 Where locomotives when traversing urban residential,
cultural and education districts produce environmental noise
pollution, the local municipal people's governments shall get the
railway departments and other relevant departments together to work
out plans for mitigating such pollution. The railway departments and
other relevant departments shall act in accordance with such plans and
take effective measures to mitigate environmental noise pollution.
Article 40 With the exception of take-off, landing or other situations
as provided for by law, no civil aircraft may fly over the urban areas
of cities. The municipal people's governments shall demarcate areas in
the vicinity of obstacle clearance zones for the take-off and landing
of aircraft where construction of noise-sensitive structures is
restricted. To build noise-sensitive structures within such areas, the
construction units shall take measure to mitigate or avoid the impact
of the noise emitted by aircraft in motion. The civil aviation
department shall take effective measures to mitigate environmental
noise pollution.
CHAPTER VI PREVENTION AND CONTROL OF POLLUTION BY NOISE OF SOCIAL
ACTIVITIES
Article 41 "Noise of social activities", as used in this Law, means
the sound that is emitted by man-conducted activities and that impairs
the living environment of the neighborhood, other than industrial,
construction and traffic noise.
Article 42 A commercial enterprise that, in an urban area where noise-
sensitive structures are concentrated, produce environmental noise
pollution as the result of its use of permanent equipment in the
course of commercial activities must, in accordance with the
regulations of the competent administrative department for
environmental protection under the State Council, report to the
competent administrative department for environmental protection of
the local people's government at or above the county level the
condition of the equipment that produces environmental noise pollution
and provide information about the facilities for prevention and
control of such pollution.
Article 43 Noise level at the boundary of newly-constructed profit-
making cultural and entertainment centers must be kept within the
limits of environmental noise emission set by the State. No competent
administrative department for culture may issue cultural operation
licence and no administrative department for industry and commerce may
issue business licence to the centers that fail to keep such emission
within the limits.
Operators and managers of cultural and entertainment centers must take
effective measures to keep noise at the boundary from exceeding the
limits set by the State on emission of environmental noise.
Article 44 In commercial activities high-pitch loudspeakers and other
loud-noise instruments are forbidden to be used for attracting
customers.
When using such equipment and facilities as air-conditioners and
cooling towers in commercial activities which might produce
environmental noise pollution, the operators and managers shall take
measures to keep the noise at the boundary from exceeding the limits
set by the State on emission of environmental noise.
Article 45 All units and individuals are forbidden to use high-pitch
loudspeakers in urban areas where noise-sensitive structures are
concentrated.
Where audio apparatus that might produce such excessive sound volume
as to impair the living environment of the neighborhood are used for
entertainments arranged or gatherings held at such public places as
streets, squares or parks in urban areas, the regulations of the local
public security organ must be observed.
Article 46 Whoever uses household appliances or musical instruments or
holds other indoor entertainment activities shall keep the sound
volume under control or take other effective measures to avoid
producing environmental noise pollution to the neighbors.
Article 47 Whoever makes indoor decoration and refitting in a
residential building that is already completed and delivered for use
shall do so in restricted hours and take other effective measures to
mitigate or avoid producing environmental noise pollution to the
neighbors.
CHAPTER VII LEGAL LIABILITY
Article 48 Anyone who, in violation of the provisions of Article 14 of
this Law, puts into production or use a construction project before
the necessary facilities for prevention and control of environmental
noise pollution have been completed or meet the requirements laid down
by the State, shall be ordered to stop production or use and may also
be fined by the competent administrative department for environmental
protection that originally approved the environmental impact statement
regarding this construction project.
Article 49 Anyone who, in violation of the provisions of this Law,
refuses to report or makes a false report on the particulars subject
to report regarding the environmental noise emission, may be given a
disciplinary warning or fined in light of the seriousness of the
violation by the competent administrative department for environmental
protection of the local people's government at or above the county
level.
Article 50 Any enterprise or institution that, in violation of the
provisions of Article 15 of this Law, dismantles or leaves idle the
facilities for prevention and control of environmental noise pollution
without approval of the competent administrative department for
environmental protection, thereby emitting environmental noise in
excess of the limits prescribed, shall be ordered to set it right and
also be fined by the competent administrative department for
environmental protection of the local people's government at or above
the county level.
Article 51 Any unit that, in violation of the provisions of Article 16
of this Law, fails to pay, as required by the State, fees for
excessive emission of noise, may be given a disciplinary warning or
fined, in light of the seriousness of the violation, by the competent
administrative department for environmental protection of the local
people's government at or above the county level.
Article 52 Any enterprise or institution that, in violation of the
provisions of Article 17 of this Law, fails to put the pollution under
control at the expiration of the time limit, may be fined or ordered
to suspend production or to relocate or close down in light of the
hazards so caused, in addition to paying fees for excessive emission
of noise as required by the State.
The decision on a fine mentioned in the preceding paragraph shall be
made by the competent administrative department for environmental
protection. The order for suspension of production, relocation or
closedown shall be issued by the people's government at or above the
county level within the limits of its power granted by the State
Council.
Article 53 Anyone who, in violation of the provisions of Article 18 of
this Law, manufactures, sells or imports equipment prohibited to be
manufactured, sold or imported, shall be ordered by the competent
department for comprehensive economic and trade affairs of the
people's government at or above the county level to set it right; if
the violation is serious, the said department shall submit a proposal
to the people's government at the corresponding level for ordering,
within the limits of its power granted by the State Council, the
violator to suspend operation or close down.
Article 54 Anyone who, in violation of the provisions of Article 19 of
this Law and without approval of the local public security organ,
conducts activities that emit sporadic strong noise shall be given a
disciplinary warning or fined by the said organ in light of the
seriousness of the violation.
Article 55 Any unit emitting environmental noise that, in violation of
the provisions of Article 21 of this Law, refuses to undergo
on-the-spot inspection by the competent administrative department for
environmental protection or by any other department or institution
that exercises its power of supervision and control of environmental
noise in accordance with the provisions of this Law, or resorts to
fraud when being inspected, may be given a disciplinary warning or be
fined in light of the seriousness of the violation by the said
competent administrative department or the said department or
institution.
Article 56 Any construction unit that, in violation of the provisions
of Paragraph 1 of Article 30 of this Law, conducts at night, in an
urban area where noise-sensitive structures are concentrated,
construction operation that produces environmental noise pollution and
that is therefore prohibited, shall be ordered to set it right and may
also be fined by the competent administrative department for
environmental protection of the people's government at or above the
county level in the place where the construction project is located.
Article 57 Anyone who uses the sound apparatus on the motor vehicle in
violation of the provisions of Article 34 of this Law shall be given a
disciplinary warning or be fined by the local public security organ in
light of the seriousness of the violation.
If a motor vessel is involved in the commission of the unlawful act
mentioned in the preceding paragraph, a disciplinary warning or fine
shall be imposed by the harbor superintendency administration in light
of the seriousness of the act.
If a railway locomotive is involved in the commission of the unlawful
act mentioned in the first paragraph, the competent railway department
shall impose administrative penalty on the person who is responsible
for the act.
Article 58 Anyone who, in violation of the provisions of this Law,
commits any of the following acts, shall be given a disciplinary
warning and may also be fined by the public security organ:
(1) Using a high-pitch loudspeaker in an urban area where noise-
sensitive structures are concentrated;
(2) Using, in violation of the regulations of the local public
security organ, audio apparatus which produce such excessive sound
volume as to impair the living environment of the neighborhood when
offering entertainment or holding gatherings in such public places as
streets, squares or parks in urban areas; or
(3) Emitting from indoors environmental noise that seriously impairs
life of the neighbors, without taking measures in accordance with the
provisions of Article 46 or Article 47 of this Law.
Article 59 Any operators or managers who, in violation of the
provisions of Paragraph 2 of Article 43 or Paragraph 2 of Article 44
of this Law, cause environmental noise pollution, shall be ordered to
set it right and may also be fined by the competent administrative
department for environmental protection of the local people's
government at or above the county level.
Article 60 Any operators or managers who, in violation of the
provisions of Paragraph 1 of Article 44 of this Law, cause
environmental noise pollution shall be ordered to set it right and may
also be fined by the public security organ.
Where the people's governments at or above the provincial level have
decided according to law that the competent administrative departments
for environmental protection of the local people's governments at or
above the county level exercise the power of administrative penalty
mentioned in the preceding paragraph, such decision shall be abided
by.
Article 61 Any unit or individual suffering from the hazards of
environmental noise pollution shall have the right to demand the
polluter to eliminate the hazards; if a loss has been caused, it shall
be compensated according to law.
Any dispute over the liability for losses or over the amount of
compensation may, at the request of the parties concerned, be mediated
by the competent administrative department for environmental
protection or any other supervisory and administrative department or
institution in charge of prevention and control of environmental noise
pollution; if such mediation fails, the parties may bring a lawsuit in
a People's Court. They may also directly bring a lawsuit In a People's
Court.
Article 62 If any person who is in charge of supervision or
administration of prevention and control of noise pollution abuses his
power, neglects his duty or conducts malpractice for personal gain,
the unit to which he belongs or the competent authority at the higher
level shall give him administrative penalty. If a crime is
constituted, criminal liability shall be investigated according to
law.
CHAPTER VIII SUPPLEMENTARY PROVISIONS
Article 63 For purposes of this Law, the meanings of the following
terms are:
(1) "Noise emission" means emission of noise from the source to the
living environment of the neighborhood.
(2) "Noise-sensitive structures" mean structures that require a quiet
environment such as hospitals, schools, government offices, research
institutions and residential buildings.
(3) "Areas where noise-sensitive structures are concentrated" mean
such areas as medical treatment areas, cultural, education and
research districts and areas where government offices or residential
buildings constitute the main buildings.
(4) "At night" means the period from 10:00 p.m. to 6:00 a.m.
(5) "Motor vehicles" mean automobiles and motorcycles.
Article 64 This Law shall enter into force as of March 1, 1997. The
Regulations of the People's Republic of China on Prevention and
Control of Environmental Noise" promulgated by the State Council on
September 26, 1989 shall be repealed at the same time. |
