国务院关于环境保护若干问题的决定 DECISION OF THE STATE COUNCIL ON SEVERAL ISSUES CONCERNING ENVIRONMENTAL PROTECTION

ities. Other relevant approval departments may not approve its construction or use in production. The interested bank may not release loans. The administrative departments in charge of environmental protection at different levels shall exercise rigorous environmental protection management of construction projects and strictly conduct daily monitoring， and shall take overall responsibility for examination and approval of environmental impact assessment of construction projects and for acceptance of environmental protection facilities according to the “three-stage simultaneous” requirement. Departments in charge of planning， economy and trade， construction， industry and commerce， and land administration at different levels and other relevant departments shall， within the scope of their respective responsibility， conduct rigorous checks at the stage of examination for approval， registration， planning， review of land use， design and acceptance of construction projects. Leading officials of local people's governments at different levels may not arbitrarily approve construction projects without prior environmental impact assessment by violating relevant state laws and regulations regarding environmental protection of construction projects. In case of violation， the approval organ and persons who have conducted the examination and granted approval shall be investigated for responsibility.

　　Administrative supervisory departments shall， according to their duties and relevant provisions， strengthen the supervision over enforcement of environmental protection laws and regulations by the governments， environmental protection departments and other relevant departments， and shall put forward supervisory comments on disposal of problems they discovered.

　　Ever from the date of promulgation of the present Decision， for any construction project which has already been arbitrarily started or put in production or use without going through the procedure of environmental impact assessment， the administrative department of environmental protection at or above the county level shall p

ut forward suggestions on handling the case， and submit them to the people's government at or above the county level， who may then accordingly order suspension of the construction project or stop using it in production. For any construction project which has been accepted after inspection but fails to steadily keep to national or local standards on discharge of pollutants after being put in production or use， the administrative department of environmental protection at or above the county level shall order it to stop the discharge of pollutants in excess of prescribed standards and at the same time report the case to the people's government at or above the county level for an order to suspend production for rectification.

　　4. Prescribing a time limit for reaching standards and facilitating control over old pollution

　　Ever from the date of promulgation of the present Decision， for any unit that discharges pollutants in excess of prescribed standards， local people's governments at or above the county level or the administrative departments of environmental protection authorized thereby shall order the unit to control the situation within a prescribed time limit ranging from one to three years depending on circumstances. Those units that fail to control the situation within the prescribed time limit shall be ordered by the people's government at or above the county level to close down， suspend production or convert to other line of production. The State Administration for Environmental Protection， the State Planning Commission and the State Economic and Trade Commission shall give instructions to and exercise supervision and check over major projects to be rectified within a prescribed time limit.

　　Units discharging pollutants shall ensure the normal operation of environmental protection facilities. In case that environmental protection facilities are， without authorization by the administrative department of environmental protection， arbitrarily stopped working or left unused resulting in discharge of pollutants in excess of standards， the administrative department of environmental protection shall order a resumption of their normal operation and impose punishment according to law.

　　By the date of September 30， 1996， the people's governments at or above the county level shall ban the following factories， plants and enterprises： all papermaking factories with annual output of less than 5，000 tons paper； leather processing plants with annual output of less than 30，000 pieces of ox hide； dyestuff making plants with annual output of less than 500 tons； and all enterprises that coke or refine sulphur through backward approaches known as “pits”， “Pingxiang Style”， “High Pot” and “Open Air Style”。 Local people's governments at or above the county level shall order the following enterprises to close down or stop production within the above-mentioned time limit： plants that are using indigenous methods to refine arsenic， mercury， or smelt lead， zinc， or extract oil， or pan gold， or to make agricultural chemicals， bleach and dye， make electroplates， or make asbestos products or radioactive products. In case such enterprises have not been banned， or do not close down or stop production within the prescribed time limit， concerned principal leading officials of local people's governments and enterprise managers shall be investigated for legal liability.

　　5. Taking effective measures to prohibit from transfer of pollutant wastes

　　According to the provisions of the Basel Convention on Control over the Transfer and Disposal of Dangerous Wastes cross Boundaries， our country forbids transfer of foreign dangerous wastes into our territory. Departments at different levels in charge of environmental protection， foreign economic cooperation and trade， and customs， etc.， shall， according to the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid W

astes and other relevant provisions， make rigorous check upon importation and persistently forbid transfer of external dangerous wastes and residential refuse into our country. If importation of other wastes as raw materials is really necessary， such importation shall conform to the state provisions and shall be subject to prior examination and approval. Any unit or individual who， in violation of the state provisions， arbitrarily approves， lets pass or conducts without authorization importation of wastes shall be severely punished according to law. In case domestic wastes need to be transferred for disposal to another province， autonomous region or municipality， the transfer shall be subject to approval of the administrative departments at the provincial level of both the original place and the destination place. Incase solid radioactive wastes need transfer for disposal to anther province， autonomous region or municipality， the transfer shall be subject to approval of the State Administration for Environmental Protection.

　　6. Preserving ecological balance， and protecting and rationally exploiting natural resources

　　Local people's governments at different levels shall effectively strengthen the protection of natural resources such as fresh water， land， forest， grassland， minerals， the sea， animals and plants and climate and the protection of national ecological environment. On condition that ecological balance is maintained， those resources can be exploited and utilized in a rational way. Development of ecological agriculture shall be encouraged. Pollution of farmland and water resources by pesticides， fertilizers and farm plastic films shall brought under control. Reclamation of waste land and control over ecological environment within mining areas shall be strengthened. Vigorous effort shall be made to carryout tree planting and afforestation. Indiscriminate and excessive felling of trees shall be restrained. The forest-covered area shall be enlarged through efforts. Comprehensive control over soil erosion shall be facilitated. Vegetation Of grassland shall be restored and developed. Overgrazing shall be prevented. Shrubs， medicinal herbs or other sand-fixation plants growing in grassland or desertized areas shall be protected from felling or digging. Technology for prevention and fixation of sand shall be actively applied so as to protect land from further desertization.

　　Biological diversity shall be actively protected. Nature reserves， historic sites and scenic spots， city gardens and green land shall be developed and strictly placed under protection and management. All illegal exploitation and construction activities within nature reserves or historic sites and scenic spots which damage natural resources and environment shall be firmly banned.

　　Arrangements for early warning of and emergency measures against pollution accidents and calamities shall be strengthened so as to reduce their influence upon ecological environment and loss of people's lives and property.

　　7. Perfecting economic policies on environment and effectively increasing investment in environmental protection

　　According to the principle “whoever pollutes， exploits， develops or damages the environment shall be respectively responsible for payment for discharging pollutants， compensation， protection and restoration”， the relevant departments of the State Council shall， in terms of infrastructure construction， technical renovation， comprehensive utilization， finance and taxation， banking and credit， and absorption of foreign investment， closely attend to formulating and improving economic policies and measures for promoting environmental protection， preventing environmental pollution and control of ecologi

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