|
Chapter I
General Provisions
Article 1 this Law is enacted to prevent and control radioactive
pollution, protect the environment, ensure human health and promote
the development and peaceful use of nuclear energy and technology.
Article 2 This Law shall be applicable to the prevention and control
radioactive pollution discharged in the course of site selection, construction, operation and decommissioning of nuclear installations
and in the cause of development and utilization of nuclear technology, uranium (thorium) and accompanying radioactive mines in the territory
of the people's Republic of China and in the territorial waters under
its jurisdiction.
Article 3 In prevention and control of radioactive pollution, the
state applies the principles of putting prevention first, combining
prevention and control measures, exercising rigorous control, and
giving priority to safety.
Article 4 the state encourages and supports scientific research in, and the development and utilization of technology for the prevention
and control of radioactive pollution and the wide use of advanced
technology in the effort.
The state supports international exchange and co-operation in
prevention and control of radioactive pollution.
Article 5 people's governments at or above the county level shall
incorporate the work for prevention and control of radioactive
pollution into their plans for environmental protection.
People's governments at or above the county level shall take charge of
dissemination and education aimed at preventing and controlling
radioactive pollution, in order to keep the general public informed of
the situation, and impart to them scientific knowledge, related to the
prevention and control of radioactive pollution.
Article 6 Every unit and individual shall have the right to report to
the authorities and bring a against any act that causes radioactive
pollution.
Article 7 people's government at or above the county level shall give
rewards to units and individuals that make outstanding achievements in
prevention and control of radioactive pollution.
Article 8 The administrative department for environmental protection
under the state Council shall, in accordance with law, exercise
unified supervision over the prevention and control of radioactive
pollution throughout the country.
The administrative department for health under the state Council as
well as the relevant departments shall, in compliance with their
duties defined by the state council and in accordance with law, exercise supervision over the prevention and control of radioactive
pollution.
Chapter II
Supervision over prevention and control of Radioactive pollution
Article 9 the administrative department for environmental protection
under the state council shall, in accordance with the requirements for
environmental safety and on the basis of the economic and
technological conditions of the state. formulate national standards
for prevention and control of radioactive pollution. such standards
shall jointly be issued by the administrative department for
environmental protection under the state council and the
administrative department for standardization under the state council.
Article 10 The state establishes a system for monitoring radioactive
pollution. The administrative department for environmental protection
under the state council shall, in conjunction with the relevant
departments under the state council, form an environmental monitoring
network to monitor and control radioactive pollution.
Article 11 The administrative department for environmental protection
under the state council and the relevant departments under the state
council shall, in accordance with their division of duties and
respective responsibilities and by exchanging information and acting
in close co-ordination, conduct supervision and inspection of the
prevention and control of radioactive pollution discharged by nuclear
installations and in the course of exploiting uranium (thorium) mines.
The administrative departments for environmental protection under the
local people's government at or above the county level and the
relevant departments at the same shall, in accordance with their
division of duties and respective responsibilities and by exchanging
information and acting in close co-ordination, conduct supervision and
inspection of the prevention and control of radioactive pollution
discharge in the cause of utilizing nuclear technology and exploiting
accompanying radioactive mines in their respective administrative
regions.
When conducting on-the-spot inspection, the supervisors and inspectors
shall produce their identification documents. The units under
inspection shall give a truthful report of the situation and provide
the necessary information. The supervisors and inspectors shall keep
confidential the technological and professional secrets of the units
under inspection. When conducting inspection of the units and
locations related to state to state secrets they shall observe
relevant state regulations for guarding state secrets and go through
the relevant formalities of examination and approval in accordance
with law.
Article 12 Units that operate nuclear installations, utilize nuclear
technology, or exploit uranium (thorium) and accompanying radioactive
mines shall be responsible for prevention and control of radioactive
pollution in their own units, subject themselves to supervision b y
the administrative department for environmental protection and the
relevant departments and, in accordance with law, wear the
responsibility for radioactive pollution caused.
Article 13 Units that operate nuclear installations utilize nuclear
technology, or exploit uranium(thorium) and accompanying radioactive
mines shall adopt safety and protective measures to prevent the
occurrence of any kind of accident that may lead to radioactive
pollution and to avoid hazards incurred by such pollution.
Units that operate nuclear installations, utilize nuclear technology, or exploit uranium(thorium) and accompanying radioactive mines shall
provide their workers with education and training in safety from
radiation and adopt effective protective and safety measures.
Article 14 The state applies a qualification control system among the
professionals engaged in the prevention and control of radioactive
pollution, as well as among the institutions engaged in monitoring of
radioactive pollution.
Article 15 For transport of radioactive material and
radiation-emitting devices containing radioactive sources, effective
measures shall be adopted to prevent radioactive pollution. Specific
measures shall be formulated the state Council.
Article 16 Radioactive material and radiation-emitting devices shall
be attached with clear radiation labels and warning descriptions in
Chinese. The places where radioactive material and radiation-emitting
devices are produced, marked, used, stored or disposed of and the
means of transport for radioactive material and radiation-emitting
devices containing radioactive sources shall be put with clear marks
of radiation.
Article 17 Products containing radioactive material shall conform to
national standards for prevention and control of radioactive
pollution; products that do not conform such standards shall not leave
factory or be put on the market.
Slag from accompanying radioactive mines and stone materials
containing natural radioactive substances shall be used for
construction and refurbishing in conformity with the national
standards for the control of radioactive nuclides in construction
materials.
Chapter III
Prevention and Control of Radioactive Pollution Caused by Nuclear
Installations
Article 18 the site for nuclear installations shall be selected on the
basis of scientific demonstration, and the formalities of examination
and approval shall be gone through in accordance with relevant state
regulations. Before going through the examination and approval
formalities for selection of the site for nuclear installations, an
environmental impact report shall be prepared and submitted to the
administrative department for environmental protection under the state
council for examination and approval ; without approval, the relevant
department shall not issue approval documents for selection of such a
site.
Article 19 Before construction, fuel loading operation or
decommissioning of nuclear installations, the units that operates
nuclear installations shall, in accordance with regulations of the
state Council on supervision of nuclear installation safety. apply for
a licence for construction and operation of nuclear installations and
go through the formalities of examination and approval for fuel
loading and decommissioning.
The unit that operates nuclear installations shall only after
obtaining the relevant licence or approval document, proceed to
construct nuclear installations load fuel, operate or decommission
such installations accordingly.
Article 20 Before applying for a licence for construction and
operation of nuclear installations or going through the formalities of
examination and approval for their decommissioning, the unit that
operates the nuclear installations shall prepare an environmental
impact report and submit it to the administrative department for
environmental protection under the state council for examination and
approval; in the absence of such approval, the relevant department
shall not issue the licence or approval document.
Article 21 The facilities for prevention and control of radioactive
pollution in support of nuclear installations shall be designed;
constructed and put into operation simultaneously with the main part
of the project.
The facilities for prevention and control of radioactive pollution
shall be checked and accepted simultaneously the main part of the
project. Only after are accepted as qualified may the main of the
project be put into production or operation.
Article 22 Imported nuclear installations shall conform to the
national standards for prevention and control of radioactive
pollution; where there are no such standards appropriate to the
imported nuclear installations, relevant foreign standards designated
by the administrative department for environmental protection under
the state council shall be used.
Article 23 Planned restricted zones shall be delimited on the
periphery nuclear plants and other important nuclear installations
Measures for delimiting and controlling the planned restricted zones
shall be formulated by the state council.
Article 24 The unit that operates nuclear installations shall monitor
the types and concentration of radioactive nuclides in the environment
surrounding the nuclear installations as well as the total quantity of
the radioactive nuclides in the effluents from the nuclear
installations and shall, at regular intervals, report the monitoring
results to the administrative department for environmental protection
under the state council and to such department under the people's
government of a province, autonomous region, or municipality directly
under the central Government where the unit is located.
The administrative department for environmental protection under the
state Council shall be responsible for supervisory monitoring of the
nuclear power plants and other important nuclear installations and, where necessary, for monitoring of the effluents from other nuclear
installations. The expenses for establishment, operation and
maintenance of the system for supervisory monitoring shall be covered
by the financial budget.
Article 25 The unit that operates nuclear installations shall set up a
sound security and safeguard system, enhance security and safeguard
work, and accept supervision and guidance from public security
departments.
To be fully prepared for an emergency the unit that operates nuclear
installations shall draw up an in-site emergency plan for nuclear
accident in conformity with size and nature the nuclear installations.
In the event of an instant nuclear accident, the unit that operates
nuclear installations shall immediately take effective emergency
measures to keep the accident under control and shall report the
matter to the department in charge of nuclear installations, the
administrative departments for environmental protection, for health
and for public security and to the other departments concerned.
Article 26 The state establishes a sound emergency system for nuclear
accidents.
The department in charge of nuclear installations, the administrative
departments for environmental protection, for health for public
security and the other departments concerned shall, under the
coordination and leadership of the people's government at the same
level, in compliance with their respective duties and in accordance
with law, successfully cope with emergencies caused by nuclear
accidents.
The Chinese people's Liberation Army and the Chinese people's Armed
police Force shall, in accordance with the relevant regulations of the
state council and the Central Military Commission, render effective
assistance in emergency by nuclear accident.
Article 27 The unit that operates nuclear installations shall draw up
plans for decommissioning of such installations.
The expanses for decommissioning of nuclear installations and for
disposing of radioactive waste shall be withdrawn in advance and shall
be included in the budgetary estimates of investment or in production
cost. The measures for withdrawal and control of the money to defray
the expenses for decommissioning of nuclear installations and for
disposal of radioactive waste shall be formulated by the department of
finance and the department for pricing under the state council, in
conjunction with the administrative department for environmental
protection and the department in charge of nuclear installations under
the state council.
Chapter IV
Prevention and control of Radioactive Pollution Caused by Utilization
of Nuclear Technology
Article 28 Any unit that produces or uses radioisotopes and
radiation-emitting devices shall, in accordance with the regulations
of the state Council regarding protection against radiation released
by radioisotopes and radiation-emitting devices, apply for a licence
and go through the formalities of registration.
Any unit that transfers ownership of or imports radioisotopes and
radiation-emitting devices and unit that is equipped with radioisotope
instruments shall, in accordance with the regulations of the state
Council regarding protection against radiation released by
radioisotopes and radiation-emitting devices, go through the relevant
formalities.
Article 29 Any unit that produces, sells and uses radioisotopes, accelerators, neutron generators and radiation-emitting devices
containing radioactive sources shall, before applying for a licence, draw up an environmental impact assessment document and submit it to
the administrative department for environmental protection under the
people's government of a province, autonomous region, or municipality
directly under the central Government for examination and approval; in
the absence of such approval, the relevant department shall not issue
the licence.
The state establishes a system for radioisotope registration specific
measures shall be formulated by the state council.
Article 30 The facilities for protection against radiation at the
workplace releasing radiation that is to be constructed, reconstructed
or expanded shall be designed constructed and put into operation
simultaneously with the main part of the project.
The facilities for protection against radiation shall be checked and
accepted simultaneously with the main part of the project only, after
they are accepted as qualified may the main part if the project be put
into production or operation.
Article 31 radioisotopes shall be stored separately and shall not be
placed together with combustible, explosive corrosive substances, etc
at the places where they are stored effective safety and protective
measures shall be taken against fire, theft and leakage of radioactive
rays and a person shall be designated to be in charge of the storage
of the radioisotopes. When radioisotopes are stored, taken used and
returned, they shall be registered and checked, so that the
registration shall agree with the radioisotopes.
Article 32 Any unit that produces or uses radioisotopes and
radiation-emitting devices shall, in accordance with the regulations
of the administrative department for environmental protection under
the state council, collect package and store any radioactive waste
produced.
Any units that produces radioactive sources shall, in accordance with
the regulations of the administrative department for environmental
protection under the state Council, retrieve and utilize disused
radioactive sources; any unit that uses that uses radioactive sources
shall, in accordance with the regulations of the administrative
department for environmental protection under the state council, return disused radioactive sources to the unit that is specialized in
storing or disposing of solid radioactive waste.
Article 33 Any unit that produces, sells, uses, or stores radioactive
sources shall establish a sound security and safeguard system, designate a person to take charge, implement the security
responsibility system, and formulate necessary contingency measures
against accidents. When radioactive sources are missing or stolen or
an accident causing radioactive pollution occurs, the unit and
individuals concerned shall immediately adopt contingency measures and
report the matter to the public security department and the
administrative departments for health and for environmental
protection.
After receiving the report of the missing or theft of radioactive
sources or the accident causing radioactive pollution, the public
security department and the administrative departments for health and
for environmental protection shall report the matter to the people's
government at the same level and, in compliance with their respective
responsibilities, immediately make arrangements and take effective
measures to prevent the spread of radioactive pollution and lighten
the losses caused by the accident. The local people's government shall
promptly inform the public of the situation and conscientiously
investigate and deal with the accident.
Chapter V
Prevention and Control of Radioactive Pollution During Exploitation of
Uranium (Thorium) and Accompanying Radioactive Mines
Article 34 Any unit that intends to exploit or close down uranium
(thorium) mines shall before applying for a mining license or going
through the formalities of examination and approval for
decommissioning, prepare an environmental impact report and submit it
to the administrative department for environmental protection under
the state council for examination and approval.
Any unit intends to exploit accompanying radioactive mines shall, before applying for a mining
license prepare an environmental impact
report and submit it to the administrative department for
environmental protection under the people's government at or above the
provincial level for examination and approval.
Article 35 the facilities for prevention and control of radioactive
pollution to built in support of a construction project for the
exploitation of uranium (thorium) and accompanying radioactive mines
shall be designed, constructed and put into operation simultaneously
with the main part of the project.
The facilities for prevention and control of radioactive pollution
shall be checked and accepted simultaneously with the main part of the
project; and only after they are accepted as qualified may the main
part of the project be put into production or operation.
Article 36 Any unit that exploits uranium (thorium) mines shall monitor
the effluents from the uranium (thorium) mines and the surrounding
environment and shall, at regular intervals, repro the monitoring
results to the administrative department for environmental protection
under the state council and such a department under the people's
government of a province , autonomous region, or municipality directly
under the central Government where the unit is located.
Article 37 Tailings repositories shall be constructed for the storage
and disposal of tailings produced in the course of exploitation of
uranium (thorium) and accompanying radioactive mines; such repositories
constructed shall conform of the requirements for prevention and
control of radioactive pollution.
Article 38 Any unit that exploits uranium (thorium) mine shall draw up
plans for decommissioning of uranium (thorium) mines. The expenses for
decommissioning uranium mines shall covered by the state financial
budget.
Chapter VI
Control of Radioactive waste
Article 39 Any unit that operates installations utilizes unclear
technology, or exploits uranium (thorium) and accompanying radioactive
mines shall rationally select and use raw and processed materials and
adopt advanced production techniques and equipment in order to reduce
as far as possible the quantity of radioactive waste produced.
Article 40 Any unit that discharges gaseous or liquid radioactive
waste into the environment shall conform to the national standards for
prevention and control of radioactive pollution.
Article 41 Any unit producing gaseous or liquid radioactive waste that
discharges such waste into the environment in conformity with the
national standards for prevention and control of radioactive pollution
shall apply for discharge quantity of radionuclides to the
administrative department for environmental protection that is in
charge of examination and approval of the environmental impact
assessment documents and shall, at regular intervals report the
discharge quantity calculated.
Article 42 Any unit that produces liquid radioactive waste shall, in
accordance with the requirements of the national standards for
prevention and control of radioactive pollution, treat or store the
liquid radioactive waste that is not allowed to be discharged into the
environment.
Any unit producing liquid radioactive waste that discharges such waste
into the environment in conformity with the national standards for
prevention and control of radioactive pollution shall adopt the means
of discharge that conforms to the regulations of the administrative
department for environmental protection under the state council.
The use of seeping wells, seeping pits natural crevices, limestone
caves or other means of discharge forbidden by the state for liquid
radioactive waste is prohibited.
Article 43 Low-and intermediate-level solid radioactive waste shall be
disposed of near the surface areas that conform to State regulations.
High-level solid radioactive waste shall be disposed in centralized
deep geological disposal facility.
Solid alpha-radioactive waste shall be disposed of in accordance with
the provisions of the preceding paragraph. The disposal of solid
radioactive waste in inland waters or oceans is prohibited.
Article 44 The department for nuclear installations under the state
council shall, in conjunction with the administrative department for
environmental protection under the state council, on the of geological
factors and the need of disposal of solid radioactive waste and on the
basis of the environmental impact assessment draw up plans for
selecting places for disposing of solid radioactive waste, and shall
have the plans implemented after obtaining approval of the state
Council.
The local people's governments concerned shall, in accordance with the
plans for selecting places for disposing of solid radioactive waste, provide land for construction of such places and adopt effective
measures in support of the disposal of solid radioactive waste.
Article 45 Any unit that produces solid radioactive waste shall, in
accordance with the regulations of the administrative department for
environmental protection under the state council and after treating
the solid radioactive waste produced, send for disposal such waste to
a unit that disposes of solid radioactive waste and shall pay the fee
for disposal.
Administrative measure for collection and use of the fees for disposal
of solid radioactive waste shall be formulated by the department of
finance and the department for pricing, in conjunction with the
administrative department for environmental protection under the state
council.
Article 46 The establishment of a specialized unit for storage and
disposal of solid radioactive waste shall be subject to examination
and approval by the administrative department for environmental
protection under the state Council before obtaining a license specific
measures shall be formulated by the state council. Engaging in
activities for the storage or disposal of solid radioactive waste
without a license or at variance with the relevant provisions of the
licensee is prohibited. Sending solid radioactive waste to a unit
without a license for storage or disposal or entrusting such a unit
with the same is prohibited.
Article 47 Importing into or transferring from the territory of
people's Republic of china radioactive or radioactive-contaminated
goods is prohibited.
Chapter VII
Legal Responsibility
Article 48 Any staff member exercising supervision over the prevention
and control of radioactive pollution who, in violation of the
provisions of law, commits one of the following acts by taking
advantage of his position to accept or receive money or things of
value from another person or seek other benefits, or neglecting his
duty shall be given an administrative sanction in accordance with law;
and if the violation constitutes a crime, he shall be investigated for
criminal responsibility in accordance with law:
(1) issuing a license or approval document to a unit that does not meet
the statutory requirements;
(2) failing to perform his supervisory duty in accordance with law; and
(3) failing to investigate and deal with an illegal act discovered.
Article 49 Any unit that in violation of the provisions of this Law, commits one of the following acts shall be instructed by the
administrative department for environmental protection under the
people's government at or above the county level or by a relevant
department in compliance with its functions and powers, to rectify
within a time limit and it may be fined not more than RMB 20,000yuan:
(1) failing to report the relevant environmental monitoring results in
accordance with regulations; and
(2) refusing to accept on-the-spot inspection by the administrative
departments for environmental protection and by relevant departments
or during inspection failing to give a truthful report the situation
and to provide the necessary data.
Article 50 Any unit that in violation of the provisions of this Law
constructs or operates nuclear installations or produces or uses
radioisotopes or radiation-emitting devices, etc., without drawing up
an environmental impact assessment document or obtaining approval of
such document by the administrative department for environmental
protection shall be instructed by the administrative department for
environmental protection, which examines and gives approval to
environmental impact assessment documents, to cease such violation, to
go through the formalities within a time limit, or put the place back
to its original state and shall, in addition, be fined not less than
10,000 yuan but more than 200,000 yuan.
Article 51 Where, in violation of the provisions of this Law, the
facilities for prevention and control of radioactive pollution or
facilities for prevention and control of radioactive pollution or the
facilities for protection against radiation are not constructed, or
the main part of the project is put into production or operation when
the said facilities are not accepted as qualified, the administrative
department for environmental protection, which examines and gives
approval to environmental to environmental impact assessment documents
shall order cessation of the violation set a time limit on its
rectification and, in addition impose a fine of not less than 50,000
yuan but not more than 200,000yuan.
Article 52 Any unit operating nuclear installations that, in violation
of provisions of this Law and without obtaining a license or approval, constructs, loads fuel into, operates or decommissions nuclear
installations shall be instructed by the administrative department for
environmental protection under the state Council to cease the
violation and to rectify within a time limit and shall, in addition be
fined not less than 200,000 yuan but not more than 500,000yuan. If the
violation constitutes a crime it shall be investigated for criminal
responsibility in accordance with law.
Article 53 Any unit that, in violation of the provisions of this Law, produces, sells uses, transfers ownership of, or stores radioisotopes
or stores radioisotopes or radiation-emitting devices or is equipped
with instruments of radioisotopes shall be instructed by the
administrative department for environmental protection under the
people's government at or above the county level or a relevant
department, in compliance with its functions and powers, to cease the
violation and to rectify within a time limit; if it fails to comply at
the expiration of the time limit, it shall be instructed to suspend
production and operation or its license shall be revoked; the unlawful
gains, if any, shall be confiscated ; if the unlawful gains exceed
100,000yuan, it shall, in addition be fined nit less than the amount
of such gains but not more than five times that amount; if there are
no unlawful gains or such gains are less than 100,000yuan, it shall, in addition, be fined not less than 10,000yuan but not more than
100,000yuan. If the violation constitutes a crime it shall be
investigated for criminal responsibility in accordance with law.
Article 54 Any unit that in violation of the provisions of this Law, commits one of the following acts shall be instructed by the
administrative department for environmental protection under the
people's government at or above the county level to cease the
violation and to rectify within a time limit and shall be fined. If
the violation constitutes a crime, it shall be investigated for
criminal responsibility in accordance with law:
(1) failing to construct a tailings repository, or failing to do so in
conformity with the requirements for prevention and control of
radioactive pollution, for storage and disposal of uranium (thorium) and
accompanying radioactive mine tailings;
(2) discharging into the environment gaseous and liquid radioactive
waste that is not allowed to be discharged;
(3) failing to discharge liquid radioactive waste in accordance with
relevant regulations but using, instead seeping wells, seeping pits, natural crevices or limestone caves to discharge liquid radioactive
waste or other means prohibited by the state;
(4) Failing to treat or store, in according with the relevant
regulations, liquid radioactive waste that is not allowed to be
discharged into the environment; and
(5) Sending solid radioactive waste to a unit without a license for
storage or disposal or entrusting such a unit with the same.
Any unit that commits one of the acts specified in subparagraphs
(1) ,(2) ,(3) and (5) mentioned in the preceding paragraph shall be fined
not less than 100,000yuan but not more than 200,000yuan; if it commits
one of the acts specified in subparagraphs (4) , it shall be fined not
less than 10,000yuan but not mire than 100,000yuan.
Article 55 Any unit than in violation of the provisions of this Law, commits one of the following acts shall be instructed by the
administrative department for environmental protection under the
people's government at or above the county level or a relevant
department, in compliance with its functions and powers, to rectify
within a time limit, if it fails to comply at the expiration of the
time limit, it shall be instructed to suspend production and operation
and shall, in addition, be fined not less than 20,000 yuan but not
more than 100,000yuan. If the violation constitutes a crime, it shall
be investigated for criminal responsibility in accordance with law:
(1) failing to place radiation labels or marks or warning descriptions
in Chinese in accordance with relevant regulations;
(2) failing to establish a sound security and safeguard system and to
draw up contingency plans or take contingency measures against
accidents in accordance with relevant regulations; and
(3) failing to report, in accordance with relevant regulations, the
missing or theft of radioactive sources or an accident causing
radioactive pollution.
article 56 Any unit producing solid radioactive waster that fails to
have the waste it produces disposed of in accordance with the
provisions of article 45 of this law, it shall be instructed by the
administrative department for environmental protection with examines
and gives approval to the environmental impact assessment document
concerning the project the unit undertakes to construct, to cease the
violation and to rectify within a time limit; if it fails to comply at
the expiration of the time limit, the said department shall designate
a unit that has the capabilities for such disposal to do it, the
expenses incurred shall paid by the unit that produces the solid
radioactive waste, and it may in addition, be fined not more than
200,000yuan. If crime constituted criminal responsibility shall be
investigated in accordance with law.
Article 57 Any unit that, in violation of the provisions of this law, commits one of the following acts shall be instructed by the
administrative department for environmental protection under the
people's government at or above the provincial level to suspend
production or operation or its license shall be revoked, its unlawful
gains if any shall be confiscated; if the unlawful gains exceed
100,000 yuan, it shall, in addition, be fined not less than the amount
of such gains but not more than five times than amount; if there are
no unlawful gains or such gains are less than 100,000 yuan, it shall, in addition, be fined not less than 50,000yuan but not more than
100,000 yuan. If the violation constitutes a crime, it shall be
investigated for criminal responsibility in accordance with law:
(1) engaging in to storing and disposing of solid radioactive waste
without a license; and
(2) failing to store and dispose of solid radioactive waste in
accordance with the provisions of the license.
Article 58 Any unit that imports radioactive waste or
radioactive-contaminated goods into the territory of the people's
Republic of China or transfers such waste or goods from the territory
of the people's Republic of China shall be instructed by the Customs
to send back such waste or goods and shall, in addition, be fined not
less than 500,000 yuan but not more that 1,000,000 yuan. If a crime is
constituted, criminal responsibility shall be investigated in
accordance with law.
Article 59 where radioactive pollution causes harm to people, civil
responsibility shall be borne in accordance with law.
Chapter VIII
Supplementary Provisions
Article 60 supervision over the prevention and control of radioactive
pollution caused by military installations and equipment shall be
conducted by the relevant departments under the state Council and the
armed forces, in accordance with the principles prescribed by this Law
and in compliance with their duties assigned by the state council and
the central Military Commission.
Article 61 Occupational diseases which the workers are afflicted with
due to their contact with radioactive material in their work shall be
prevented and controlled in accordance with the provisions of the law
of the people's Republic of China on the prevention and Control of
occupational Diseases.
Article 62 For purposes of this law, the definitions of the following
terms are:
(1) “Radioactive pollution” refers to the presence of radioactive
substances or rays, caused by human activities, in excess of state
norms on the surface of or inside the mediums of materials, the human
body, places, or the environment.
(2) “Nuclear installations” refer to nuclear power plants (nuclear
electricity plants, nuclear thermal plants, nuclear gas and hearing
supply plants etc) and other reactors (research reactors experimental
reactors critical facilities etc): Facilities for fabrication
processing storage and reprocessing of nuclear fuel; facilities for
treating and disposing of radioactive waste; etc.
(3) “Utilization of nuclear technology” refers to the use of sealed
radioactive sources, unsealed radioactive sources and
radiation-emitting devices in medical treatment, industry, agriculture, geological investigation, scientific research and
teaching, and in other fields.
(4) “Radioisotopes” refer to a certain type of elements producing
radiation decay that have the same atomic number but different mass of
nuclides.
(5) “Radioactive source” refers to radioactive material permanently
sealed in a vessel or tightly clad in a solid state, with the
exception of material found in nuclear fuel cycles of research
reactors and power reactors.
(6) “Radiation-emitting devices” refer to X-ray machines accelerators, neutron generators and devices containing radioactive sources.
(7) “Accompanying radioactive mines” refer to non-uranium mines
containing relatively high concentrations of natural radionuclides (e
g rare-earth mines, phosphate mines etc).
(8) “Radioactive waste” refers to the discarded waste which contains or
is contaminated by, radionuclides at concentrations or activities
greater than the clearance level established by the state, and no plan
is made to use it again.
Article 63 This Law shall go into effect at of October 1 2003.
|
