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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

2009-03-24 法律英语 来源:互联网 作者:
cal damaging. When important decisions on economic construction and social development are made such as designing of regional development or resources exploitation, programming of city development or tr

ade progress and restructuring of industry or productivity layout, overall consideration shall be given to economic, social and environmental efficiency, and environmental assessment shall be made. All provinces, autonomous regions and municipalities directly under the central government shall comply with the guideline that economic construction, rural and urban construction and environmental construction shall be simultaneously designed, conducted and progressed. Investment in environmental protection shall be substantially increased. The proportion of investment in environmental pollution prevention and control in total GNP in a locality over the period shall be raised gradually. A corresponding test and check system shall also be established.

  The relevant departments of the State Council shall as soon as possible formulate policies imposing restrictions upon production, import and application of carbon-fluoride-chloride, ha long and lead-contained gasoline, and establish and perfect a reimbursement mechanism for non-gratuitous exploitation of natural resources and restoration of ecological environment. Current standards for pollutant discharge fees shall be raised according to the principle of “pollutant discharge fees being higher than cost on pollution control” so that pollutant discharging units could be urged to take vigorous measures for control of pollution. Collection, use and management of pollutant discharge fees shall be strengthened. The administrative departments in charge of environmental protection and local people's governments at different levels shall collect pollutant discharge fees in full. Fees so collected and income from confiscation and pecuniary penalties shall be managed along separate lines of receipts and payments, shall be used according to provisions and may not be embezzled for other use or detained. Cities which have installed centralized facilities for disposal of sewage may levy sewage disposal fees upon those who discharge sewage.

  8. Rigorously enforcing environmental protection laws and strengthening supervision and management of environment

  The administrative departments in charge of environmental protection at different levels shall perform in real earnest their duty of unified supervision and management of environmental protection, strengthen the development of environmental supervision and law enforcement personnel, reinforce the enforcement of environmental protection laws, perfect procedures governing law enforcement and improve skills in law enforcement. People's governments at or above the county level shall set up environmental protection supervisory institutions, which shall independently perform the duty of unified supervision and management of environmental protection. Appointment and removal of leading officials of local administrative departments of environmental protection at different levels shall be subject to opinions of the administrative departments of environmental protection at higher levels.

  The relevant departments of people's governments at or above the county level shall, according to the relevant provisions of law, exercise the supervision and management over prevention and control of environmental pollution and resources protection.

  A legislative framework and management system regarding environmental protection shall be improved further. Administrative enforcement of environmental protection laws shall be subjected to frequent checks. Whenever law is not observed, strictly enforced or violation of law is not punished, or in case law is subordinated by words or power, criminal sentence is replaced by administrative sanction, etc., such cases shall all be investigated for punishment. If a crime is constituted, criminal responsibility shall be investigated according to law.

  9. Vigorously conducting environmental scientific research and developing environmental protection industries

  The state, lo

calities and relevant departments shall give priority to environmental protection scientific research and technological development projects when making medium- or long-term plans or annual programmes on science and technology development. Major environmental scientific research subjects such as saving of energy, reduction of consumption, clean production, prevention and control of pollution, biological diversity and ecological protection, etc., shall be studied as key ones. New and High technology and pragmatic technology shall be applied actively. Researches on basic environmental sciences, environmental standards and monitoring techniques shall be strengthened. Application of scientific and technological achievements shall be spread vigorously.

  The Circular of the General Office of the State Council on Transmitting Suggestions of the State Council Environmental Protection Commission on Actively Developing Environmental Protection Industries (promulgated by Guobanfa No.(1990)64), shall be carried out in real earnest. Encouraging and preferential policies shall be drafted in order to substantially develop environmental protection industries. Quality of environmental protection products and environmental projects and technology involved shall be advanced. Enterprises producing environmental protection products with advanced, stable performance and high efficiency shall enjoy priority in terms of fixed assets investment so that environmental protection industries could be pushed to certain scope.

  10. Strengthening publicity and education and improving environmental consciousness of the whole people

  Environmental protection concerns the existence and progress of the whole nation. To protect environment is to protect productive forces in nature. All localities and departments shall enhance their awareness of the significance of environmental protection, further strengthen environmental publicity and education, widely disseminate and popularize knowledge of environmental sciences and relevant laws and regulations and effectively reinforce environmental consciousness and related sense of legality of the whole nation.

  All localities and departments shall include environmental protection laws as an important content in training of cadres and staff members and improve the consciousness of cadres at different levels and the people for observance of environmental protection laws and regulations. Higher, middle and primary schools shall develop environmental education. A mechanism for public involvement shall be established. Social organizations shall be given play to their role. The public shall be encouraged to involve in environmental protection and to charge against or disclose any kind of illegal activities of violating environmental protection laws and regulations.

  Mass media such as newspaper, broadcasting and television shall in due course report and praise advanced or model units or individuals of environmental protection and openly disclose and criticize illegal activities of polluting and damaging ecological environment. The press shall play the role of supervision and monitoring and shall expose to the public any unit or individual who has seriously polluted or damaged ecological environment.

  All localities and departments, when attending relevant international events, shall conscientiously observe and publicize our government's principle stand on the global environmental problem, and safeguard rights and interests of our country and other developing countries.

  The State Council shall instruct the State Administration for Environmental Protection to supervise and inspect the implementation of the present Decision in consultation with the Ministry of Supervision and other relevant departments and submit a report to the State Council

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