Regulations of Shanghai Municipality on Environmental Protection
Regulations of Shanghai Municipality on Environmental Protection
Regulations of Shanghai Municipality on Environmental Protection
December 8, 1994
Adopted at the 14th meeting of the Standing Committee of the Tenth Shanghai Municipal People's Congress on December 8, 1994 and promulgated as of May 1, 1995.
Chapter I General Provisions
Article 1 Environmental protection is a basic state policy of China. With a view to protecting and improving living conditions and ecological environment, preventing pollution and other public nuisance, safeguarding human health, promoting the coordination of environmental protection and economic construction as well as social development, these Regulations are formulated in accordance with the Environmental Protection Law of the People's Republic of China and relevant laws and regulations, and in the light of the city's actual conditions.
Article 2 The environment referred to in these Regulations means the whole of natural and artificially transformed natural physical elements, which influences the existence and development of human beings, including atmosphere, water, seas and oceans, land, mines, forests, grassland, wildlife, natural and cultural relics, nature protection areas, scenic spots, cities and villages, etc..
Article 3 These Regulations shall apply to the administrative divisions of this Municipality.
Article 4 The principles of the work of protecting the city's environment are as follows:
1. Putting prevention first, combining precaution with treatment, and tackling the problems in a comprehensive way;
2. Combining utilization of resources with their conservation;
3. Holding the polluter responsible for control of pollution and compensation for damages;
4. Combining unified supervisory administration with individual responsibility for assigned work; and
5. Combining professional management with mass participation.
Article 5 People's government at all levels and their departments, and all units shall attach importance to publicity and education about environmental protection, popularize scientific knowledge of environmental protection, enhance supervision through public opinions over environmental protection, and heighten people's environmental consciousness and sense of legality.
Article 6 A citizen has the right to enjoy good environment and the obligation to protect the environment. Every unit and individual person have the right to inform against or complain about any act causing environmental pollution or destruction.
Article 7 The municipal, district and county people's governments shall commend or reward any unit or individual person that has made marked achievements in environmental protection and improvement, and in enforcement of these Regulations.
Chapter II Organizations And Their Duties
Article 8 The municipal, district and county people's governments shall be responsible for the environmental quality within their respective jurisdiction. Each government shall set a target of environmental protection during its term of office, draw up an annual working plan according to the environmental protection program, and practise the system of chief executive assuming the responsibility for environmental protection.
The municipal, district and county people's governments shall each make an annual work report on the environmental protection and on the fulfillment of the environmental protection target during their respective term of office to the people's congress or the standing committee of the people's congress at the same level.
The township and town people's government shall be responsible for the environmental protection within their respective jurisdiction as required by the related district or county people's government, and shall report regularly to the people's congress at the same level.
The sub-district office shall be responsible for the environmental protection in the region as authorized by the related district people's government.
Article 9 The Municipal Environmental Protection Bureau (hereinafter called "MEPB") is the administrative department of the Municipal People's Government responsible for environmental protection, which exercises unified supervision and control over the city's environmental protection.
The district or county environmental protection bureau (hereinafter called "DCEPB") is the administrative department of the People's government at the same level, responsible for environmental protection, which exercises unified supervision and control over environmental protection within its jurisdiction under the leadership of MEPB in professional works.
Article 10 The main duties of MEPB are as follows:
1. To take the responsibility of implementing and enforcing the environmental protection law and regulations in the city, and to supervise and direct the environmental protection work in each district and county;
2. To draw up the municipal environmental protection program and plan, and to participate in the formulation of the national economic and social development program, the national land program, the district (county) regional program and the overall planning of the city;
3. To draw up the municipal environmental protection norms, standards, and the preventive countermeasures against pollution;
4. To participate in making policies on the city's key construction projects, and to conduct direct supervision and administration over large-scale construction projects, specific projects, specified areas and pollutants;
5. To determine areas where the total quantity of pollutants is to be controlled, and the related targets for the areas;
6. To organize the monitoring of the city's environment, and to investigate and settle major pollution accidents and disputes; and
7. To organize researches in environmental science and important environmental projects, to spread advanced experience and technology relating to environmental protection, to develop environmental protection industry and to carry out international cooperation and exchanges on environmental protection.
Article 11 The main duties of DCEPB are as follows:
1. To take the responsibility of implementing and enforcing the environmental protection law and regulations in their respective jurisdiction;
2. To draw up the environmental protection program and plan for their respective jurisdiction;
3. To fulfill the total pollutant discharge target and to exercise supervision and inspection in their respective jurisdiction;
4. To organize investigation on regional environmental quality, to monitor pollution sources, and to supervise and urge environmental control;
5. To popularize scientific knowledge of environmental protection and spread advanced technology for environmental protection; and
6. To investigate and settle pollutant accidents and disputes.
Article 12 Administrations of public security, transportation, railway, civil aviation, ocean, harbor superintendency, fishery and fishing harbor superintendency and the environmental protection departments of the army shall exercise supervision and administration over the prevention and control of environmental protection in accordance with the stipulations of relevant laws and regulations.
Every administrative department responsible for land, agriculture, gardening, environmental sanitation, water conservancy, mines shall exercise supervision and administration over resources and ecological environmental conservation in accordance with the stipulations of the relevant laws and regulations.
Every relevant administrative department of the municipality, district and county shall assist MEPB and DCEPB with the enforcement of these Regulations according to their respective functions.
Chapter III Protection And Improvement Of Environment
Article 13 The Municipal People's government shall bring its environmental protection program into line with the national economic and social development program, the national land program and the overall planning of the city.
The environmental protection program drawn up by MEPB or DCEPB shall be submitted to the people's government at the same level for approval before its implementation, and be reported to the environmental protection bureau at a higher level for the record.
Article 14 MEPB shall, jointly with the relevant departments and according to the Shanghai City's overall planning and the areas where the state environmental quality standards are applicable, classify and designate environmental functional zones, and this program shall be made public and put into effect after being approved by the Municipal People's Government.
Article 15 Varied ways shall be explored to hear public opinions on the formulation of the environmental protection program or on the construction of any large or medium-scale project or specific project, which may cause pollution to the environment.
Article 16 The Municipal People's Government shall, according to the state quantitative check index for comprehensive environmental protection, set the target and measures for the city's comprehensive environmental control, and urge the district and county people's governments and the relevant department to fulfill the target and implement the measures.
Article 17 The city's industrial layout shall, in accordance with the requirements of the city's (township's or town's) planning, industrial structure and ecological conservation, meet the following conditions:
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