Archived（May 31, 2018）
(Adopted by the 25th Meeting of the Standing Committee of the First Shenzhen Municipal People’s Congress on September 16, 1994; revised by the 38th Meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress on March 3, 2000)
Chapter One General Principles
Article 1 In order to protect and improve people’s environment and ecological environment, prevent and control environment pollution and other public hazards, safeguard human health and facilitate the coordinated development of environmental protection and economic construction, these Regulations are formulated according to relevant national rules and regulations in combination with the actual circumstances of Shenzhen Special Economic Zone.
Article 2 These Regulations shall be applicable to the protection of living and ecological environment, and the protection and controlling of environment pollution and other public hazards in Shenzhen Special Economic Zone (hereinafter referred to as the special zone).
The term of environment mentioned in these Regulations refers to the total body of all natural elements and artificially transformed natural elements affecting human existence and development, which includes the atmosphere, water, seas, land, minerals, forests, grasslands, wildlife, natural and human remains, nature reserves, historic sites and scenic spots, urban and rural areas.
Article 3 Shenzhen Municipal People’s Government (hereinafter referred to as the municipal government) shall incorporate the plan for environmental protection into the national economic and social development plans of this Municipality.
The municipal plan for environmental protection shall be made by the administrative competent department of environmental protection of the municipal government (hereinafter referred to as the municipal department of environmental protection) jointly with relevant departments, and be submitted to the municipal government for approval.
Article 4 The municipal government shall be responsible for the quality of environment in the special zone.
The municipal government shall determine the targets and tasks for the responsibility of protecting environment in its term of office, report the implementation of the targets and tasks to the Standing Committee of the Shenzhen Municipal People’s Congress every year, and make it public to the society.
The municipal government shall put forward the tasks and requirements of environmental protection for district people’s governments (hereinafter referred to as the district governments). The district governments shall report their working progress to fulfill the tasks and requirements to the standing committee of people’s congress of their respective districts and the municipal government.
Article 5 The people’s governments at various levels shall adopt measures to encourage the research in environment science and technology, to popularize the use of advanced and operational technology of environmental protection, to develop the industry of environmental protection and green products, and to undertake the propaganda and education of environmental protection.
Article 6 The municipal department of environmental protection shall conduct unified supervision and management to the work of environmental protection in the special zone. The district department of environmental protection shall conduct unified supervision and management to the work of environmental protection within the areas under its jurisdiction.
The departments of public security, transportation, railways, civil aviation, harbor superintendence administration, fisheries administration and fishing harbor superintendence and other relevant departments (hereinafter referred to as the other supervisory and managerial departments) shall exercise their supervision and management authorities of environment within their respective scope of functions and duties stipulated by relevant laws and regulations.
The administrative departments of state-land, agriculture, forestry, water affairs and other administrative departments of resources (hereinafter referred to as the administrative departments of resources) shall conduct supervision and management to the protection of natural resources in accordance of the provisions of relevant laws and regulations.
The administrative departments of industry and commerce, economy, planning, construction, technology supervision, culture and other administrative departments (hereinafter referred to as the relevant administrative departments) shall accomplish the relevant work of environmental protection within their respective scope of functions and duties according to law.
Article 7 All units and individuals shall have the obligation to protect environment, and shall have the right to report on or file charges against the unit or individual that causes pollution or damages to environment.
The people’s governments and departments of environmental protection at various levels shall give honors or awards to the units and individuals that have made outstanding achievements in the work of environmental protection.
Chapter Two Supervision and Management to Environment
Article 8 When a government makes a decision on economic construction and social development, or decides to adopt important measures, it shall think about the effect to environment caused by the decision or measures, and shall adopt effective economic and technical policies and measures to protect environment.
The evaluation of environmental effect shall be conducted when making the planning of state-land development and the overall city planning.
Article 9 The municipal department of environmental protection shall define the areas where the standards of environment quality and discharging pollutant shall be applicable, draft the supplementary standards of discharging pollutant and the technical norms for preventing and controlling pollution, and submit the standards and norms to the municipal government for approval before implementation.
The municipal department of environmental protection shall make plans for controlling the pollutant discharged into water and air according to the targets of environment quality, in combination of the economic, technology and environment conditions.
Article 10 The municipal department of environmental protection shall be responsible for organizing the monitoring to environment quality and pollution source, and shall issue yearly official report of environment situation to the society.
The monitoring data which is obtained by an organ of environment monitoring and certified by the municipal department of environmental protection shall be the basis of evaluating the situation of environment and conducting supervisory administration to environment.
Article 11 The department of environmental protection and other supervisory and managerial departments shall be empowered to conduct on-site inspections to the units and individuals under their jurisdiction on their work of environmental protection. The units and individuals being inspected shall truthfully report the situation to the departments and provide them with the necessary information, and may not refuse, obstruct or delay the inspection.
When conducting the on-site inspection, the inspectors shall produce their certificates of administrative law-enforcement. The inspection departments and administrative law-enforcement officials shall keep confidential the technological know-how and business secrets of the units and individuals inspected.
When an inspector finds an activity violating the provisions of laws or regulations on environmental protection on the site, he shall stop the activity, and may seal up or detain the following articles and facilities:
1. the hazardous waste which is illegally stored, transferred or disposed;
2. the facilities discharging radioactive substance, or containing pathogen of contagious disease or toxic pollutant.
The municipal department of environmental protection shall make a written decision on sealing up or detaining an article or facility, write out a detailed list of the article or facility being sealed up or detained to the party for signing his name on. If the party is not on the site or refuses to sign, the inspector shall record the situation on the detailed list. No unit or individual may remove the seal without approval. Any party who does not agree with the sealing or detaining decision made by the municipal department of environmental department may apply for review to the administrative reviewing organ of the municipal government, or bring litigation before the people’s court.
Article 12 Every unit and self-employed person discharging pollutant shall report and register their facilities of charging and disposing pollutant, and the categories, quantity, density, intensity and discharging methods and directions of the pollutant discharged in their normal operation, and shall provide relevant technical materials of preventing and controlling environment pollution to the department of environmental protection, and shall fill in the environment statistics according to the facts and in time.
If the registered category, quantity, density, intensity, discharging method or discharging direction of the pollutant discharged has great changes, a new report and registration shall be made.
Article 13 Any unit or self-employed person who discharges pollutant in production and operation, such as waste water, waste gas, solid industry waste, noises and radioactive substance, and affects environment seriously, shall apply for the license of discharging pollutant to the department of environmental protection according to relevant rules.
If the discharging of pollutant satisfies the requirements provided by the guideline of controlling pollutant discharging or the standards of discharging pollutant, the department of environmental protection shall grant the license of discharging pollutant to the unit or self-employed person. The valid term for the license of discharging pollutant shall not be longer than 5 years. When the valid term expires, a new license of discharging pollutant shall be applied for.
If a project which is completed before these Regulations taking into effect discharges pollutant beyond the controlling guideline of pollutant discharging or the standards of discharging pollutant, the department of environmental protection shall grant the temporary license of discharging pollutant to the unit and order it to harness the pollution within a limited time. The valid period of the temporary license of discharging pollutant shall not be longer than 1 year. If the pollutant discharged still fails to satisfy the requirements stipulated by the guideline or standards when the valid term expires, the holder of the license shall be ordered to stop production and harness the pollution.
Article 14 The holder of the license or the temporary license of discharging pollutant shall install measuring and sampling facilities as stipulated, and report the pollutant discharging information to the department of environmental protection regularly.
Article 15 Every unit and self-employed person discharging pollutant shall pay pollutant discharge fee as provided by the State. Anyone who discharges pollutant beyond the standards or the controlling guideline of pollutant discharge indicated in the license of discharging pollutant shall pay excessive pollutant discharge fee as provided. The responsibilities of harnessing pollution shall not be exempted even if the excessive pollutant discharge fee is paid.
The standards of excessive pollutant discharge fee shall be determined by the municipal government and shall be higher than the expenses for harnessing pollution.
The collected pollutant discharge fee and excessive pollutant discharge fee shall be used for harnessing pollution as provided by the State, and shall not be used for other purposes.
Article 16 The unit or self-employed person who discharges pollutant beyond the stipulated standards shall be ordered to harness the pollution within a limited time by the department of environmental protection. The public institution or enterprise under the direct administration of the central government or a provincial government which discharges pollutant beyond the stipulated standards shall be ordered to harness the pollution within a limited time by the municipal department of environmental protection. Anyone who discharges pollutant beyond the stipulated standards and causes serious pollution shall be ordered to stop business and harness the pollution by the municipal department of environmental protection.
Anyone who is ordered to harness pollution within a limited time or to stop business for harnessing pollution shall finish the task according to the time limit and requirements, and shall apply for acceptance check to the department of environmental protection making the order. During the period of harnessing, the density and quantity of discharged pollutant shall not exceed 50% of the standards.
Article 17 Any enterprise who engages in anyone of the following industry of environmental protection shall apply for authentication on its technical qualification to the municipal department of environmental protection:
1. producing the products of environmental protection;
2. undertaking the businesses of designing or installing the crafts or equipments of preventing and controlling pollution;
3. undertaking the businesses of disposing, handling or using dangerous waste.
Any institution which undertakes the authentication of environment managerial system or the training of assessors shall be recognized its qualification by the State, be recorded in the municipal department of environmental protection, and be supervised and administered by the municipal department of environmental protection. When an authentication institution accepts an authentication application, it shall inform the municipal department of environmental protection in writing, and put on the copies of the authentication certification and report for record to the municipal department of environmental protection.
When a unit applies for authentication, it shall only entrust the institution whose qualification has been recognized by the State, and shall inform the municipal department of environmental protection in writing before running the environment managerial system.
When the municipal department of environmental protection receives the written notices sent by the unit applying for authentication and the authentication institution, it may send an observer to supervise the authentication of environment managerial system.
Article 18 When the environment is suffering or is probably to suffer from serious pollution and thus threatening the safety of citizens’ property or life, the department of environmental protection shall report to the government of the same level immediately, and order relevant units and individuals to adopt measures to eliminate or reduce the pollution.
Chapter Three Administration to the Environment of Construction Project
Article 19 It is strictly restricted to carry out the construction project which costs huge amount of resources or causes serious pollution.
Any construction project which affects environment shall comply with the industry policies. The address and layout of the project shall comply with the planning of environmental protection.
Article 20 Any unit or self-employed person who wants to construct a project or facility affecting environment shall draft an evaluation report of environment influence and apply for approval to the department of environmental protection.
The relevant administrative department shall take the approval document which is made by the department of environmental protection as a necessary requirement when examining the project affecting environment.
Article 21 The evaluation report of environment influence shall be drafted by the unit holding the qualification certificate of evaluating environment influence under entrustment. The evaluating unit shall carry out evaluation according to the evaluation outline and requirements approved by the municipal department of environmental protection, and shall be responsible for the evaluation result.
Article 22 When a project affecting environment is constructed, its facilities for preventing and reducing pollution shall be designed, built and put into use at the same time with its main construction work.
When a unit changes, expands, moves or technically alters a project, it shall harness the pollution which is caused by the original project at the same time.
Article 23 Before a project polluting environment is putting into use, its facilities for preventing and controlling pollution shall be checked for acceptance by the department of environmental protection which has the examination and approval authority to the project. If the discharging of pollutant satisfies the examination and approval requirements of environment influence evaluation during the test production or test operation period stipulated by the department of environmental protection, the department of environmental protection shall grant the certification of acceptance check and the license of discharging pollutant to the unit constructing the project. If the project fails to satisfy the examination and approval requirements, the department of environmental protection shall order the unit to rectify within a limited time.
Chapter Four Protecting and Improving the Living and Ecological Environment
Article 24 The governments at various levels and relevant departments shall adopt effective measures to strengthen the protection to drinking water resources, natural protection areas, scenic spots, sea beaches, mountains and woods, urban green lands, human historical sites, ancient trees and rare plants, to prevent vegetation from being destroyed, to prevent soil from erosion, and to prevent other ecology from being destroyed.
Urban construction shall be carried out in combination with the characteristics of local natural environment, and may not casually change the topography or land forms. It is strictly restricted to cut into a mountain for quarrying.
Article 25 It is forbidden to establish any project or facility which produces pollution or destroys the scene in natural protection areas, scenic spots, sanatoriums and bathing beaches. If a project or facility has been constructed before these Regulations entering into effect and causes serious pollution to environment, the department of environmental protection shall order the project or facility to be shut off, moved or be rectified within a limited time.
It is forbidden to establish any industry project which produces pollution in urban residential districts, residence central areas, cultural and educational areas and other areas requiring special protection. The construction of hotels, restaurants, and other project or facility which produces pollution is also strictly restricted in the areas mentioned above.
Article 26 Anyone who wants to establish a discharging gate of waste water in sea area, river, lake or water conservancy facility shall apply for approval to the department of environmental protection. The department of environmental protection shall solicit opinions from the department of water affairs when examining the application of establishing a discharging gate in river, lake or water conservancy facility.
It is forbidden to establish new discharging gate in aquaculture areas, important fishing water areas and other water areas having special value of economy or culture. The discharging gates established before these Regulations entering into effect shall be changed within a limited time.
Article 27 Any unit or self-employed person who wants to develop natural resources shall apply for approval to the administrative department of resources, and shall submit the materials of environment influence evaluation and the approval document made by the department of environmental protection while applying.
It is forbidden to develop natural resources by devastating methods. Anyone who develops natural resources shall adopt effective measures to prevent natural environment from being destroyed or polluted, and shall adopt measures after the development to recover or rebuild the good natural ecology system, such as recovering vegetation.
Article 28 The unit and self-employed person developing natural resources shall pay compensation fee of ecological environment to the department of environmental protection as stipulated. The harnessing responsibilities shall not be exempted even if the compensation fee of ecological environment is paid.
The charging and managing measures of the compensation fee of ecological environment shall be made by the municipal government separately.
Article 29 It is forbidden to destroy mangrove forests, shelter forests of sea shore, scenic forests and scenic stones.
It is strictly restricted to carry out the project of reclaiming land from a sea, or the activity of quarrying in seashore. Anyone who carries out a seashore project, develops or uses tidal land shall adopt measures to protect sea resources and sea ecology.
No boat which sails or anchors in inshore sea area or an inland river may dump residual oil, waste water with oil or living waste into the water.
Article 30 It is forbidden to hunt, lop off, transport, buy, sell or kill wild animals or plants under prior protection. Anyone who needs to hunt, transport or lop off the wild animals or plants shall apply for approval to the administrative department of resources according to law.
Article 31 Anyone who uses waste water to irrigate, or uses pesticide shall accord with the provisions of relevant law and regulations, and shall prevent vegetables, fruits and other agriculture products from pollution.
Chapter Five Preventing and Controlling Environmental Pollution and other Public Hazards
Article 32 Every unit and individual who produces waste gas, waster water, noise, waste residues, industrial dust, effluvial gases, radioactive substance, libration, electromagnetic wave radiation or other pollutant shall adopt effective measures to prevent and control environment pollution. Pollutant shall be discharged according to the discharging standards.
Article 33 The municipal and district governments shall adopt measures to centralize dangerous waste substance, urban garbage and waster water for disposition.
Every unit and individual who produces dangerous waste substance shall centralize them for disposition as stipulated.
Article 34 Every unit and self-employed person who has facilities of preventing and controlling pollution, measuring pollutant or sampling pollutant shall keep the facilities in normal operation, and may not dismantle, changes the facilities or leave them unused without being approved by the department of environmental protection.
Article 35 Anyone who produces or sells industrial products shall comply with the national product quality standards of environmental protection
If an industrial product will cause pollution in use, its producer shall indicate the information about its discharged pollutant in its nameplate and description book.
It is forbidden to sell or use detergent with phosphor.
Article 36 Every unit and individual using vehicle shall apply for gas discharging test to the unit testing vehicle’s gas discharging. If the gas discharged complies with the discharging standards after the test, the department of environmental protection shall grant the qualification certificate of vehicle pollutant discharging. The traffic administrative department of public security shall not handle the formalities of owner transferring and annual examination for the vehicle without the qualification certificate of vehicle pollutant discharging.
Every unit testing vehicle’s gas discharging shall be examined and certified by the municipal department of environmental protection and the municipal traffic administrative department of public security.
The traffic administrative department of public security shall carry out selective examination to the gas discharging by vehicle in driving jointly with the department of environmental protection.
Article 37 It is forbidden to burn substance which produces poisonous or harmful smoke, dust, or effluvial gases, such as asphalt, asphalt felt, rubber, plastic, leather, construction waste and living garbage. Anyone who needs to burn the substance mentioned above shall get approval from the department of environmental protection.
It is forbidden to discharge poisonous or harmful waste liquid, waster residues and radioactive substance into water.
It is forbidden to discharge pollutant by permeating or other improper ways.
Article 38 Anyone who produces, storages, transports, sells or uses dangerous chemical substance or radioactive substance shall get approval from relevant department, and shall adopt measures to prevent and control pollution.
Article 39 It is forbidden to transfer any production equipment causing serious pollution and dangerous waste goods to a unit or self-employed person for disposition who is incapable of preventing and controlling pollution.
It is forbidden to transfer dangerous waste goods and garbage for disposition from a place beyond the borders to a place within the borders. Anyone who needs to introduce dangerous waste goods or garbage as material, energy or recycle substance for special reasons shall get approval from the national department of environmental protection.
Article 40 Any unit or self-employed person who causes or may cause pollution because of accident or other sudden affairs shall immediately adopt measures to dispose the pollution, inform the units and residents who may be suffered from the pollution, and report to the department of environmental protection and relevant department within 2 hours.
Chapter Six Legal Responsibilities
Article 41 Anyone who commits any one of following activities shall be warned and be ordered to make correction by the department of environmental protection or other supervisory and managerial department, and may be imposed a fine of 2,000 to 20,000 yuan simultaneously if the circumstance is serious:
1. refusing, obstructing or delaying the on-site check of environmental protection, or practicing fraud when being checked, in violation of Article 11 of these Regulations;
2. refusing to declare the matters about pollutant discharging or statistical forms, or failing to declare as the facts, or failing to declare on time, in violation of Article 12 of these Regulations;
3. failing to install measuring or sampling equipment of pollutant discharging as required, dismantling or changing the equipment, or leaving the equipment unused without approval, in violation of the provisions of Article 14 of 34 of these Regulations;
4. failing to pay the pollutant discharging fees or extra pollutant discharging fees as stipulated, in violation of the provisions of Article 15 of these Regulations;
5. failing to pay the compensation fees of ecological environmental as stipulated, in violation of the provisions of Paragraph 1, Article 28 of these Regulations.
Article 42 Anyone who commits any one of the following activities shall be ordered to make correction by the department of environmental protection or other supervisory managerial department, and shall be imposed a fine of 5,000 to 50,000 yuan simultaneously:
1. failing to adopt measures as required by the department of environmental protection, in violation of the provisions of Article 18 of these Regulations;
2. establishing a pollutant discharging gate without approval and causing pollution to the water, in violation of the provisions of Article 26 of these Regulations;
3. causing pollution or harm to vegetables, fruits or other agriculture products, in violation of the provisions of Article 31 of these Regulations;
4. failing to centralize dangerous waste substance for disposition, in violation of the provisions of Paragraph 2, Article 33 of these Regulations;
5. dismantling, changing the facility of preventing and controlling pollution, or leaving the facility of preventing and controlling pollution without being approved by the department of environmental protection, and causing the quantity of discharged pollutant beyond the stipulated discharging standards, in violation of the provisions of Article 34 of these Regulations;
6. burning and causing poisonous or harmful smoke, gas or dust, dumping pollutant which is forbidden to discharge into water, or discharging pollutant by improper methods, in violation of the provisions of Article 37 of these Regulations.
Article 43 Anyone who commits any one of the following activities shall be ordered to make correction by the department of environmental protection or other supervisory managerial department, and shall be imposed a fine of 10,000 to 100,000 yuan simultaneously:
1. causing serious pollution to the special area or object under environmental protection, in violation of the provisions of Article 25 of these Regulations;
2. producing, storing, transporting, selling or using dangerous chemical substance or radioactive substance without being approved by relevant department, in violation of the provisions of Article 38 of these Regulations;
3. transferring the equipment causing serious pollution or dangerous waste substance to a unit or self-employed person for disposition who is unable to prevent and control pollution, in violation of the provisions of Paragraph 1, Article 39 of these Regulations.
Article 44 Anyone who commits the following activities shall be confiscated his illegal gains and tools by the department of environmental protection or other supervisory managerial department, and shall be imposed a fine of 10,000 to 100,000 yuan or a fine of 2 to 5 times his illegal gains simultaneously:
1. engaging in the industry of environmental protection without being authenticated his technical qualification, in violation of the provisions of Article 17 of these Regulations;
2. introducing dangerous waster substance or garbage from abroad without approval, in violation of the provisions of Paragraph 2, Article 39 of these Regulations.
Article 45 Anyone who commits any one of the following activities in violation of the provisions of Article 17 of these Regulations shall be ordered to make correction by the municipal department of environmental protection, and be imposed a fine of 10,000 yuan simultaneously:
1. engaging in the authentication of environmental managerial system or training of assessor without being recognized his qualification by the State or without being recorded at the municipal department of environmental protection;
2. the authentication institution failing to inform the municipal department of environmental protection in writing, or failing to submit the authentication certificate or the copy of authentication report to the municipal department of environmental protection for record after accepting an authentication application;
3. the unit applying for authentication entrusting an institution to carry out authentication, which has not recognized its qualification by the State.
Article 46 Anyone who starts construction or put a project into production or use without approval in violation of the provisions of Article 20 of these Regulations shall be ordered to stop construction, production or use by the department of environmental protection having the examination and approval authority, and be imposed a fine of 20,000 to 100,000 yuan simultaneously. If the construction or project does not satisfy the examination and approval requirements of environmental protection, it shall be ordered to stop business or be dismantled.
If a facility of preventing and controlling pollution is put into production or use without being checked for acceptance or failing to pass the check for acceptance by the department of environmental protection, the department of environmental protection having the examination and approval authority shall order the unit to stop production or use, and impose it a fine of 10,000 to 50,000 yuan simultaneously.
Article 47 Anyone who carries out environmental influence evaluation without the qualification certificate in violation of the provision of Article 21 of these Regulations shall be imposed a fine of 5,000 to 50,000 yuan. Anyone who makes wrong evaluation conclusion and thus causes the environment being polluted or ecology being destroyed shall be imposed a fine of 1 to 2 times of his evaluation fee by the municipal department of environmental protection. If the pollution and damage is serious, the fine shall be 2 to 5 times of the evaluation fee.
Article 48 Anyone who discharges pollutant without the license or temporary license of discharging pollutant in violation of the provisions of Article 13 of these Regulations shall be ordered to stop business by the department of environmental protection, and be imposed a fine of 20,000 to 100,000 yuan simultaneously.
Anyone who fails to discharges pollutant by stipulated methods or discharges pollutant beyond the controlling standards of discharging pollutant shall be imposed a fine of 5,000 to 20,000 yuan; and shall be revoked his license or temporary license of discharging pollutant and be imposed a fine of 20,000 to 50,000 yuan simultaneously if the circumstance is serious.
Anyone who holds the temporary license of discharging pollutant and fails to harness pollution within the limited time shall be imposed a fine of 10,000 to 50,000 yuan.
Article 49 Anyone who is ordered to harness pollution but fails to reach the goal within a limited time shall be ordered to stop using the facility producing pollution, and be imposed a fine of 10,000 to 100,000 yuan simultaneously by the department of environmental protection; and shall be ordered to stop business if the circumstance is serious. If the business has great effect to people’s life, social development or economic development, the department of environmental protection shall submit the decision of stopping business to the municipal government for approval.
In the harnessing period, if the amount of pollutant discharged by an enterprise exceed 50% of the provided standards of density and aggregate controlling, or an enterprise refuses to stop business while being ordered, the enterprise shall be imposed a fine of 10,000 to 50,000 yuan.
Article 50 Anyone who produces or sells an industry product failing to satisfy with the environmental protection standards in violation of the provisions of Paragraph 1, Article 35 of these Regulations, shall be punished by the administrative department of technical supervision according to relevant law and regulations.
Anyone who does not record the pollutant discharged by a product in its nameplate, in violation of the provisions of Paragraph 2, Article 35 of these Regulations, shall be ordered to make correction and be imposed a fine of 2,000 to 20,000 yuan simultaneously by the administrative department of technical supervision.
Anyone who sells detergent with phosphor in violation of the provisions of Paragraph 3, Article 35 of these Regulations shall be warned, be ordered to stop selling and be imposed a fine of 1,000 to 5,000 yuan simultaneously by the administrative department of industry and commerce or the administrative department of technical supervision. Any administrative organ, group, enterprise or public institution who uses detergent with phosphor shall be warned, be ordered to stop using and be imposed a fine of 1,000 to 5,000 yuan simultaneously by the department of environmental protection.
Anyone who hunts, cuts, transfers, sells or kills a wild animal or plant under conservation in violation of the provisions of Article 30 of these Regulations shall be confiscated his illegal gains, illegal tools, and the wild animal or plant which is stored or not sold, and be imposed a fine of 5,000 to 50,000 yuan, or a fine of 2 to 5 times of his illegal gains, or a fine of 2 to 10 times of the price of the wild animal or plant simultaneously, by relevant administrative department of resources or the administrative department of industry and commerce.
Article 51 If a motor vehicle does not pass the selective examination on its gas discharging, the traffic administration department of public security shall order its user to repair its gas refining instrument or install a gas refining instrument on it, and impose him a fine of 100 to 150 yuan.
Article 52 Any unit or individual who violates the provisions of law or regulations of environmental protection and causes an environment pollution accident shall be ordered to adopt effective remedy measures and be imposed a fine of 30% of the direct loss caused by the pollution accident by the environmental protection department or other supervisory administrative department.
The person who is responsible for the environment pollution accident shall be given administrative penalty by his unit or the superior organ, and shall be investigated for criminal responsibility if the circumstance is so serious that a crime is constituted.
Anyone who unseals or transfers a sealed article of facility without authorization shall be imposed a fine of 20,000 yuan, or shall be imposed a fine of 50,000 to 100,000 yuan if his act causes serious pollution.
Article 53 If a party does not agree with the administrative penalty decision made by a district supervisory administration department of environment, he may apply for review to the municipal supervisory administration department of environment within 15 days upon receiving the penalty notice. If a party does not agree with the administrative penalty decision made by the municipal supervisory administration department of environment, he may apply for review to the administrative review organ of the municipal government within 15 days upon receiving the penalty notice. If the party does not agree with the reviewing decision, he may bring litigation before the people’s court within 15 days upon receiving the decision. The party may also bring litigation before the people’s court directly within 15 days upon receiving the penalty notice.
If a party does not apply for review within the limited time, or bring litigation before the people’s court and does not implement the penalty decision, the organ making the penalty decision shall apply for coercive execution to the people’s court.
Article 54 Anyone who violates the provisions of law or regulations on environmental protection and causes pollution to environment shall adopt effective measures to eliminate the pollution.
Anyone who refuses to eliminate the pollution shall be ordered by the department of environmental protection to eliminate the pollution within a limited time. If a polluting unit does not eliminate the pollution within the limited time, the department of environmental protection shall designate a relevant unit to eliminate the pollution for it. The expenses occurred shall be paid by the polluting unit.
Anyone who causes danger of environmental pollutions shall have the duty to obviate the danger and compensate the loss of the unit and individual suffering from the danger directly.
The department of environmental protection of other supervisory administration department may deal with a dispute on compensation liability or indemnity upon the party’s request. If the party does not agree with the dealing decision, he may bring litigation before the people’s court. The party may bring litigation before the people’s court directly.
Article 55 Anyone who hinders or obstructs an law-enforcement officer of the department of environmental protection, resource management or other supervisory administration department to perform an official duty and violates the provisions of security administration law, shall be punished by the department of public security according to the national security administration law, and shall be investigated for criminal responsibility if his act constitutes a crime.
Article 56 Anyone who violates the provisions of law or regulations on environmental protection and makes damage to natural resources shall be investigated for legal responsibility according to relevant law and regulations.
Article 57 Any supervisory administrator of environmental protection who abuses his powers, neglects his duties, plays irregularities for favoritism shall be granted administrative penalty by his unit or the superior organ, and shall be investigated for criminal responsibility if his act constitutes a crime.
Chapter Seven Supplementary Provisions
Article 58 The municipal government may make implementation rules for these Regulations.
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