Environmental Protection Law of the People's Republic of China
(Adopted at the 11th session of the Standing Committee of the Seventh National People's Congress on December 26 1989 and revised at the 8th session of the Standing Committee of the Twelfth National People's Congress on April 24 2014)
Table of Contents
Chapter I General Provisions
Chapter II Supervision and Administration
Chapter III Environmental Protection and Improvement
Chapter IV Prevention and Control of Pollution and Other Public Nuisances
Chapter V Information Disclosure and Public Engagement
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is developed for the purposes of protecting and improving environment preventing and controlling pollution and other public nuisances safeguarding public health promoting ecological civilization and enhancing sustainable economic and social development.
Article 2 For the purposes of this Law "environment" means the entirety of all-natural elements and artificially transformed natural elements that affect the survival and development of human beings including but not limited to air water seas land minerals forests grasslands wetland wildlife natural and cultural relics nature reserves scenic spots historical sites and urban and rural areas.
Article 3 This Law shall apply to the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China.
Article 4 Protecting environment is a fundamental national policy of the State.
The State shall adopt economic and technological policies and measures conducive to economically and cyclically utilizing resources protecting and improving environment and enhancing the harmony between mankind and nature to coordinate economic and social development with environmental protection.
Article 5 Environmental protection shall adhere to the principles of giving priority to protection focusing on prevention conducting comprehensive treatment engaging the general public and enforcing accountability for damage.
Article 6 All entities and individuals shall have the obligation to protect environment.
The local people's governments at all levels shall be responsible for the environmental quality within their respective administrative regions.
Enterprises public institutions and other businesses shall prevent and reduce environmental pollution and ecological disruption and assume liabilities for damage caused by them.
Citizens shall raise their awareness of environmental protection adopt low-carbon and economical lifestyles and conscientiously fulfill their obligation to protect environment.
Article 7 The State shall support scientific and technological research development and application for environmental protection encourage the development of environmental protection industries promote the information technology development for environmental protection and increase the scientific and technological level of environmental protection.
Article 8 The people's governments at all levels shall provide more financial input in the protection and improvement of environment and the prevention and control of pollution and other public nuisances and increase the utilization efficiency of financial funds.
Article 9 The people's governments at all levels shall strengthen the publicity and dissemination of information on environmental protection encourage basic-level self-governing organizations of the masses social organizations and environmental protection volunteers to conduct publicity of environmental protection laws and regulations and environmental protection knowledge and create a favorable atmosphere for environmental protection.
Education administrative departments and schools shall include environmental protection knowledge in school education to cultivate students' awareness of environmental protection.
News media shall publicize environmental protection laws and regulations and environmental protection knowledge and oversee environment-related illegal acts.
Article 10 The environmental protection administrative department of the State Council shall generally supervise and administer the national environmental protection work while the environmental protection administrative departments of the local people's governments at and above the county level shall generally supervise and administer the environmental protection work within their respective administrative regions.
The relevant departments of the people's governments at and above the county level and the environmental protection departments of the armed forces shall supervise and administer resource protection pollution prevention and control and other environmental protection work in accordance with the provisions of relevant laws.
Article 11 The people's governments shall reward outstanding entities and individuals in protecting and improving environment.
Article 12 Environment Day is celebrated on June 5 every year.
Chapter II Supervision and Administration
Article 13 The people's governments at and above the county level shall include the environmental protection work in their plans on national economic and social development.
The environmental protection administrative department of the State Council shall in conjunction with the relevant departments develop a plan on national environmental protection in accordance with the plan on national economic and social development and submit it to the State Council for approval publication and implementation. The environmental protection administrative departments of the local people's governments at and above the county level shall in conjunction with the relevant departments develop the plans on environmental protection for their respective administrative regions in accordance with the requirements of the plan on national environmental protection and submit them to the people's governments at the same level for approval publication and implementation.
A plan on environmental protection shall include the ob
Article 14 In organizing the development of economic and technological policies the relevant departments of the State Council and the people's governments of all provinces autonomous regions and municipalities directly under the Central Government shall fully consider the environmental impact thereof and hear the opinions of the relevant parties and experts.
Article 15 The environmental protection administrative department of the State Council shall develop the national environmental quality standards.
For matters not included in the national environmental quality standards the people's governments of provinces autonomous regions and municipalities directly under the Central Government may develop local environmental quality standards; and for matters included in the national environmental quality standards they may develop local environmental quality standards higher than the national standards. Local environmental quality standards shall be submitted to the environmental protection administrative department of the State Council for recordation.
The State shall encourage research on environmental criteria.
Article 16 The environmental protection administrative department of the State Council shall develop the national pollutant discharge standards in accordance with the national environmental quality standards and the national economic and technological conditions.
For matters not included in the national pollutant discharge standards the people's governments of provinces autonomous regions and municipalities directly under the Central Government may develop local pollutant discharge standards; and for matters included in the national pollutant discharge standards they may develop local pollutant discharge standards higher than the national standards. Local pollutant discharge standards shall be submitted to the environmental protection administrative department of the State Council for recordation.
Article 17 The State shall establish and improve environmental monitoring rules. The environmental protection administrative department of the State Council shall develop monitoring norms organize a monitoring network in conjunction with the relevant departments develop a general plan on the distribution of national environmental quality monitoring stations (points) establish a monitoring data sharing mechanism and strengthen the administration of environmental monitoring.
The distribution of various types of environmental quality monitoring stations (points) for the relevant industries or specialties shall comply with the requirements of laws and regulations and the monitoring norms.
Monitoring institutions shall use monitoring equipment up to the national standards and comply with the monitoring norms. Monitoring institutions and the persons in charge thereof shall be responsible for the truth and accuracy of monitoring data.
Article 18 The people's governments at and above the provincial level shall organize the relevant departments or commission specialized institutions to survey and assess the environmental condition and establish an environmental and resource carrying capacity monitoring and early warning mechanism.
Article 19 An environmental impact assessment shall be conducted as legally required in the preparation of a relevant development and utilization plan or the construction of a project impacting the environment.
A development and utilization plan that has not undergone environmental impact assessment as legally required may not be implemented. The construction of a construction project that has not undergone environmental impact assessment as legally required may not be commenced.
Article 20 The State shall establish a coordination mechanism across administrative regions for the joint prevention and control of environmental pollution and ecological disruption in key regions and valley areas and apply a uniform plan uniform standards uniform monitoring and uniform prevention and control measures.
The prevention and control of environmental pollution and ecological disruption across administrative regions other than that in the preceding paragraph shall be coordinated by the people's governments at higher levels or resolved through consultations by the relevant local people's governments.
Article 21 The State shall adopt policies and measures in finance taxation price and government procurement among others to encourage and support the development of environmental protection industries such as technological equipment for environmental protection comprehensive utilization of resources and environmental services.
Article 22 The people's governments shall adopt policies and measures in finance taxation price and government procurement among others to encourage and support the further pollutant discharge reduction by enterprises public institutions and other businesses after meeting the statutory requirements for the discharge of pollutants.
Article 23 The people's governments shall support the production changes relocation or closedown of enterprises public institutions and other businesses for the purpose of improving environment in accordance with the relevant provisions.
Article 24 The environmental protection administrative departments of the people's governments at and above the county level the environmental supervision institutions authorized by them and other departments with environmental protection supervision and administration functions shall have the authority to conduct the on-site inspection of enterprises public institutions and other businesses that discharge pollutants. Those under inspection shall honestly provide relevant information and necessary materials. The departments or institutions conducting such inspection and the employees thereof shall keep the trade secrets of those under inspection.
Article 25 Where the discharge of pollutants by enterprises public institutions and other businesses in violation of laws and regulations has caused or may cause any serious pollution the environmental protection administrative departments of the people's governments at and above the county level and other departments with environmental protection supervision and administration functions may seize or impound the facilities or equipment causing the discharge of pollutants.
Article 26 The State shall apply an ob
Article 27 The people's government at and above the country level shall on an annual basis report the environmental situations and the environmental protection ob
Chapter 3 Environmental Protection and Improvement
Article 28 The local people's governments at all levels shall take effective measures to improve the quality of the environment according to the environmental protection ob
Relevant local people's governments in the key regions and valley areas failing to meet the national standards for environment quality shall work out plans for correction and take measures to meet such national standards within a prescribed time period.
Article 29 The State shall draw a red line for strict ecological protection in the key ecological function areas ecological sensitive areas and vulnerable areas.
The people's governments at all levels shall take protective measures against damage for a variety of natural ecosystem areas natural distribution areas of rare and endangered animals and plants important water conservation areas geological structures with important scientific and cultural value famous karst caves and fossil distribution areas glaciers volcanoes hot springs and other natural relics as well as human remains ancient and famous trees.
Article 30 The development and use of natural resources shall be conducted in a reasonable manner to protect the biological diversity and guarantee the ecological security. The plans for ecological protection restoration and control shall be formulated according to law.
Proper measures shall be taken to prevent any damage to the biological diversity in the introduction and study of exotic species and in the development and use of biological technologies.
Article 31 The State shall establish and improve the ecological protection compensation system.
The State shall strengthen the efforts in the financial transfer payment for ecological protection areas. The relevant local people's governments shall allocate the ecological protection compensation fund and make sure such fund is used for compensating the ecological protection.
The State shall guide the people's governments at the areas benefiting from such system and the ecological protection areas to conduct the ecological protection compensation through negotiation or according to the market rules.
Article 32 The State shall strengthen the protection of air water and soil and establish and improve corresponding investigation monitoring appraisal and restoration systems.
Article 33 The people's governments at all levels shall strengthen the protection of agricultural environment promote the application of new technologies for agricultural environment protection enhance the monitoring and warning of the agricultural pollution sources and organize related departments to take measures to prevent and control the soil pollution land desertification alkalization deterioration stony desertification earth subsidence and prevent and control the damage of vegetation water and soil loss water eutrophication drying up of sources of water extinction of species and other ecological imbalance and extend the scale of a comprehensive prevention and control of plant diseases and insect pests.
The people's governments at the county and township level shall improve the public service level of the agricultural environment protection and promote the comprehensive improvement of the agricultural environment.
Article 34 The State Council and local people's governments at all levels in the coastal areas shall provide better protection for the marine environment. The discharge of pollutants and the dumping of wastes into the seas the costal and marine engineering construction must be conducted in compliance with legal provisions and relevant standards so as prevent and reduce the pollution and damage to the marine environment.
Article 35 In urban and rural construction vegetation waters and the natural landscape shall be protected and attention be paid to the construction and administration of gardens green land and historic sites and scenic spots in the cities in the light of the special features of the local natural environment.
Article 36 The State shall encourage and guide the citizens legal persons and other organizations to use products and recycled products that are beneficial to the environment protection so as to reduce the production of wastes.
The state organs and other organizations using the financial funds shall prioritize the purchasing and use of energy-saving water-saving and materials-saving products equipment and facilities that are beneficial to the environment protection.
Article 37 The local people's governments at all levels shall take measures to organize the classification disposal and recycling of domestic wastes.
Article 38 The citizens shall comply with the environmental protection-related laws and regulations cooperate in the implementation of the environmental protection measures and classify and dispose of domestic wastes as requested so as to reduce the damage to the environment by the daily life.
Article 39 The State shall establish and improve the environment and health monitoring investigation and risk evaluation system encourage and organize the research of the impact of the environment quality on the public health and take proper measures to prevent and control the environment pollution-related diseases.
Chapter IV Prevention and Control of Pollution and Other Public Nuisances
Article 40 The State shall promote the clean production and resource recycling.
The relevant departments of the State Council and local people's governments at all levels shall take measures to promote the production and use of clean energy.
Enterprises shall prioritize the use of clean energy and apply the technologies and equipment that discharge less pollution and also the comprehensive wastes utilization technology and harmless pollutants treatment technology so as to reduce the production of pollutants.
Article 41 The installations for the prevention and control of pollution at a construction project must be designed built and commissioned together with the principal part of the project. The installations for the prevention and control of pollution shall be up to the requirements of the approved EIA documents and shall not be dismantled or left idle without authorization.
Article 42 The enterprises public institutions and other businesses that discharge pollutants shall take measures to prevent and control the pollution and harm caused to the environment by the waste gas waste water waste residues medical wastes dust malodorous gases radioactive substances and noise vibration and electromagnetic radiation generated in the course of production construction or other activities.
The enterprises and public institutions discharging pollutants shall establish the environment protection responsibility system to specify the responsibilities of the persons in charge thereof and related personnel.
The key units that discharge pollutants shall install the monitoring equipment in accordance with relevant national regulations and monitoring specifications and ensure the normal running of such monitoring equipment and keep the original monitoring records.
It's prohibited to discharge pollutants in violation of law through concealed piping leaching well or pit or by infusion or by falsifying or forging monitoring data or by use of pollution prevention and control facilities that are not in normal running.
Article 43 The enterprises public institutions and other businesses that discharge pollutants shall pay the sewage charge according to relevant national regulations. The sewage charge shall all be used for the prevention and control of the environment pollution and no unit or individual shall withhold occupy or use it for other purposes.
The sewage charge shall no longer be levied if the environment protection tax has been charged according to law.
Article 44 The State shall apply the key pollutants emission control system. The emission control index of key pollutants shall be released by the State Council and be implemented by the people's governments of provinces autonomous regions and municipalities under the direct control of the Central Government. While executing the national and local pollutants emission standards the enterprises and public institutions shall comply with and implement the key pollutants emission control index allocated to them.
The environmental protection administrative departments of the people's governments at and above the provincial level shall suspend the examination and approving of the environmental impact assessment documents of the construction projects in the areas which fail to meet the total emission control index of state key pollutants or fail to complete the environment quality ob
Article 45 The State shall apply the discharge permit management system according to laws and rules.
The enterprises public institutions and other businesses that apply the discharge permit management shall discharge pollutants according to the requirements of discharge permit and shall not discharge pollutants if without discharge permit.
Article 46 The State shall practice the elimination system for techniques equipment and products that produce severe pollution to the environment. No unit or individual shall produce sell transfer or use the techniques equipment and products that produce severe pollution to the environment.
It's prohibited to introduce any technology equipment material and product that are below the environment protection regulations of the State.
Article 47 The people's governments at all levels and relevant departments thereof and the enterprises and public institutions shall properly control the risks of environment accidents make good preparations and properly handle the accidents and the restoration after the accidents in accordance with the Law of the People's Republic of China on Response to Emergencies.
The people's governments at and above the county level shall establish the public monitoring and early warning mechanism for the environment pollutions and organize the formulation of early warning programs; release the early warning information in a timely manner and start the emergency measures when the environment is polluted and the public health and environment security might be affected.
The enterprises and public institutions shall work out the environmental emergency programs according to relevant national regulations and report for record-filing to the environment protection administrative departments and other related departments. If any environmental emergency occurs or may occur the enterprises and public institutions shall take immediate measures for handling timely notify the units and residents who might be harmed and report to the environment protection administrative departments and other related departments.
After the end of the environmental emergency handling relevant people's governments shall organize the immediate assessment of the environmental impact and loss by such emergency and publish the assessment results to the public in a timely manner.
Article 48 The manufacturing storage transportation marketing using disposal of chemicals and articles containing radioactive substances shall be in accordance with the relevant regulations of the State to prevent the pollution to the environment.
Article 49 The people's governments at all levels and the agricultural departments and institutions thereof shall guide the agricultural businesses to conduct scientific planting and breeding apply the pesticides and chemical fertilizers in a scientific and reasonable manner dispose of agricultural films crops straws and other agricultural wastes scientifically so as to prevent the agricultural area-source pollution.
It's prohibited to enter solid wastes and waste water that are below the agricultural standards and the environmental protection standards into farmlands. Proper measures shall be taken against pollution of the environment by heavy me
The site selection construction and management of livestock and poultry farms breeding areas and butcher factories shall be in accordance with the relevant laws rules and regulations. The units and individuals engaging in the livestock farming and butchering shall scientifically dispose of such wastes as livestock manure corpses and sewage to prevent environment pollution.
The people's governments at county level shall organize the disposal of the rural domestic wastes.
Article 50 The people's governments at all levels shall allocate funds from the financial budget to support the protection of the land of drinking water source the treatment of domestic sewage and other wastes and the prevention and control of livestock farming and butchering soil pollution and rural industrial pollution.
Article 51 The people's governments at all levels shall coordinate the urban and rural building of sewage treatment facilities and supporting network the collection transportation and disposal equipment for solid wastes the centralized treatment facilities and sites for hazardous wastes and other public facilities for environmental protection and ensure the normal running thereof.
Article 52 The State shall encourage the buying of the environmental pollution liability insurance.
Chapter V Information Disclosure and Public Engagement
Article 53 The citizens legal persons and other organizations shall be entitled to the right of acquiring the environment information participating in and monitoring the environmental protection according to law.
The environmental protection administrative departments of the people's governments at all levels and other departments with the environmental protection supervision and administration functions shall according to law disclose the environment information improve the public participation procedures and provide convenience to citizens legal persons and other organizations for participating in and supervising the environmental protection.
Article 54 The environmental protection administrative department of the State Council shall release in a centralized manner the information of the national environment quality and of the monitoring of key pollution sources and other major environment information. The environmental protection administrative departments of the people's governments at and above the provincial level shall issue the bulletins on the environmental situations on a regular basis.
The environmental protection administrative department of the people's governments at and above the county level and other departments with the environmental protection supervision and administration functions shall according to law make available to the public the information of the environment quality environment monitoring environment emergency and the environmental administrative permission administrative punishment the collection and use of sewage discharge and so on.
The environmental protection administrative department of local people's governments at and above the county level and other departments with the environmental protection supervision and administration functions shall enter into the social credit archive the information of the violations of the environmental laws by the enterprises public institutions and other businesses and announce the list of law-breakers to the public.
Article 55 Key units that discharge pollutants shall truthfully disclose to the public the name of major pollutants mean of discharge effluent concentration and total emission excessive discharge and the construction and running of facilities for prevention and control of pollution and accept the social supervision.
Article 56 The construction units shall make public explanations regarding and fully solicit public opinions for construction projects which they are requested by law to prepare the environmental impact report.
The departments responsible for examining and approving the environmental impact assessment documents of construction projects shall upon receipt of the environmental impact report of a construction project make the whole text thereof known to the public except for matters involving the national secrets and business secrets and order the construction unit failing to fully solicit public opinions to conduct full soliciting.
Article 57 The citizens legal persons and other organizations shall be entitled to report any conduct that pollutes the environment or destroy the ecology by any unit or individual if discovered to the environmental protection administrative departments or other departments with environment protection supervision and administration functions.
The citizens legal persons and other organizations shall be entitled to report to their superior authorities or supervisory authorities any non-performance of duties according to law by the local people's governments at all levels the environmental protection administrative departments of the people's governments at and above the county level and other departments with environmental protection supervision and administration functions to perform their respective duties.
The authorities accepting the above report shall keep in confidence related information of the person making such report and protect the legal rights and interests thereof.
Article 58 The social organizations satisfying the following requirements may initiate a proceeding at the people's court against any environment pollution ecological damage or prejudice of public interests:
(1) Being registered by law at the civil administration department of the people's government of a city divided into districts;
(2) Having been engaged in the public environment protection service for consecutive five years without violation.
The people's court shall accept the proceedings initiated by the social organizations satisfying the requirements stated in the preceding paragraphs according to law.
The social organizations that initiate proceeding shall not seek economic benefit from such proceeding.
Chapter VI Legal Liability
Article 59 Where any of the enterprises public institutions and other businesses is fined for illegal discharge of pollutants and fails to make correction as ordered the administrative organ that makes punishment decision according to law may impose continuous fine on a daily basis at the amount of the original fine from the day following the date on which correction order is given.
The fine punishment mentioned in the preceding paragraph shall be subject to the regulations determined ba
A category of violations in which continuous punishment is imposed on a daily basis as set forth in the Paragraph 1 therein may be added in the local laws and regulations according to the actual needs of the environmental protection.
Article 60 Where any of the enterprises public institutions and other businesses discharges pollutants in violation of the pollutant discharge standard or of the total emission control index of key pollutants the environment protection administrative department of the people's governments at and above the county level may order it to take such measures as restraining the production or suspend production for rectification or may report for approval to the people's government of jurisdiction and order it to shut down or close if the circumstances are serious.
Article 61 Any construction unit that commences construction without submitting the environmental impact assessment document for its construction project or without approved environmental impact assessment document shall be ordered to suspend the construction by the departments with the environment protection supervision and administration functions be imposed a fine and be ordered to restore to the original state.
Article 62 Any key unit that discharges pollutants in violation of this Law failing to disclose or truthfully disclose the environment information shall be ordered by the environment protection administrative department of the local people's government at and above the county level to disclose the environment information and shall be imposed a fine and announced to the public.
Article 63 In addition to being punished according to relevant laws and regulations any of the enterprises public institutions and other businesses shall be handed over to the public security organ by the environment protection administrative department of the people's governments at and above the county level or other related departments and shall have the person in charge of the institution and other directly responsible persons detained for a period of more than ten days but less than fifteen days if it commits any of the following circumstances and no crime has been constituted or for a period of more than five days but less than ten days if circumstances are not serious:
(1) Failing to conduct the environmental impact assessment for its construction projects according to law and refusing to suspend construction as ordered;
(2) Discharging pollutants without discharge permit in violation of law and refusing to suspend the discharge of pollutants as ordered;
(3) Discharging pollutants through concealed piping leaching well or pit or by infusion or by falsifying or forging monitoring data or by use of pollution prevention and control facilities that are not in normal running;
(4) Manufacturing or applying pesticides that are prohibited by the State and refusing to correct as ordered.
Article 64 Any unit or individual shall assume tort liability according to relevant provisions of the Tort Law of the People's Republic of China if it pollutes the environment and destroys the ecology and thereby causes any damage.
Article 65 In addition to be punished according to relevant laws and regulations any of the environmental impact assessment institutions the environmental monitoring institutions and the organizations engaging in the maintenance and marketing of the environmental monitoring equipment and pollution prevention and control facilities shall be held jointly and severally liable together with other persons who are held accountable for the environment pollution and ecological damage caused by its dishonesty in the related environment service activities.
Article 66 The limitation period for prosecution with respect to compensation for environmental pollution losses shall be three years counted from the time when the party becomes aware of or should become aware of the pollution losses.
Article 67 The people's governments at upper level and the environment protection administrative departments thereof shall strengthen the supervision of the environment protection carried out by the people's governments at lower level and related departments thereof and impose punishment according to law on those violating this Law and suggest their appointment and dismissing organs or the supervisory organs to give punishment.
If any related environment protection administrative department fails to give administrative punishment as is supposed to do according to law the environment protection administrative department of the people's government at upper level may directly make decision on the administrative punishment.
Article 68 If any of the environmental protection administrative departments of local people's governments at all levels and the people's governments at county level and other departments with the environment protection supervision and administration commit any of the following circumstances the person who is in direct charge of the department and other directly responsible persons shall be recorded a demerit serious demerit or demotion or be given the punishment of removing or dismissing from his position and the major person-in-charge shall resign to assume responsibilities if serious consequences have been resulted:
(1) Granting administrative license before the administrative licensing conditions have been met;
(2) Covering up any environmental violation;
(3) Failing to make decision on business suspension or shutdown as is supposed to do according to law;
(4) Failing to investigate and deal with any excessive discharge of pollutants discharge of pollutants by ways of evading the supervision environment accidents and ecological damage due to failure to implement the ecological protective measures if noticed or upon receipt of complaint as is supposed to do.
(5) Seizing or impounding the facilities and equipment of enterprises public institutions and other businesses in violation of this Law;
(6) Falsifying or forging or inciting others to falsify or forge the monitoring data;
(7) Failing to disclose the environment information as is supposed to do according to law;
(8) Withholding occupying or using for other purposes the collected sewage charges;
(9) Other illegal acts as prescribed in the laws and regulations.
Article 69 Any unit or individual violating the provisions of this Law shall be subject to the criminal liabilities according to law if a crime is constituted.
Chapter VII Supplementary Provisions
Article 70 This Law shall come into force on January 1 2015.
