中华人民共和国水污染防治法（修正）（二）

　　Article 49 If anyone， in violation of the provisions of the fourth paragraph of Article 20 in this Law， establishes within the first class protected zones for surface source of domestic and drinking water any new construction or expansion project unrelated to water supply facilities and to the protection of water sources， the people's government at or above the county level shall， according to its limit of authorities specified by the State Council， order the violator to suspend operations or close down.

　　Article 50 If anyone， in violation of the provisions of Article 22 in this Law， produces， sells， imports or uses equipment， or adopts techniques， which have already been prohibited， the competent comprehensive administrative department of economy of the people's government at or above the county level shall order the violator to make correction； if the circumstances are serious， the said department shall propose and report to the people's government at the corresponding level for an order of suspension of operations or shutdown issued within its limit of authorities specified by the State Council.

　　Article 51 If anyone， in violation of the provisions of Article 23 in this Law， establishes any small-size enterprise without measures for the prevention and control of water pollution， thereby causing severe pollution to water environment， the local people's government at the city or county level or the higher people's government shall order to shut down such enterprise.

　　Article 52 An enterprise or institution which has caused severe pollution to water bodies but has failed to accomplish its elimination by the deadline as required shall， as provided for by the state， pay twice or more the fee for excess discharge； in addition， a fine may be imposed in accordance with the consequent damage and loss， or the said enterprise or institution may be ordered to suspend operations or close down.

　　The fine shall be decided by the competent environmental protection department. Orders for the suspension of operations or the shutdown of enterprises and institutions shall be issued by the local people's government which set the deadline for the elimination of pollution. Orders for the suspension of operations or shutdown of enterprises and institutions under the jurisdiction of the Central Government shall be submitted to and approved by the State Council.

　　Article 53 A pollutant discharging unit which violates this Law， thereby causing a water pollution accident， shall be fined according to the consequent damage and loss by the competent environmental protection department of the local people's government at or above the county level in the place where the accident takes place.

　　In the case of a pollution accident caused to fisheries or caused by vessels， the competent fisheries administration and superintendency agency or the navigation office of the competent transportation department in the place where the accident takes place shall impose a fine respectively according to the consequent damage and loss.

　　If the circumstances are serious in a water pollution accident， the persons responsible shall be subject to disciplinary sanction by the unit to which they belong or by a higher competent authority.

　　Article 54 A party refusing to accept the decision of administrative sanction may bring suit before a people's court within 15 days from the date of receiving the notification. If upon the expiration of the period the party neither brings suit nor complies with the decision， the organ which imposed the sanction may apply to the people's court for compulsory enforcement.

　　Article 55 The unit which has caused a water pollution hazard has the responsibility to eliminate it and make compensation to the unit or individual that suffered direct losses.

　　A dispute over liability to make compensation or the amount of compensation may， at the re

quest of the parties， be settled by the competent environmental protection department or by the navigation office of the competent communications department. If a party refuses to accept the decision， he may bring suit before a people's court. The party may also bring suit before the people's court directly.

　　If the water pollution losses are caused by a third party intentionally or negligently， the third party shall be liable to make compensation.

　　The unit discharging pollutants shall bear no liability for water pollution losses occasioned by the victim's own fault.

　　Article 56 If water pollution losses result entirely from irresistible natural disasters which cannot be averted even after reasonable measures have been promptly taken， the party concerned shall be exempted from liability.

　　Article 57 Should any violation of this Law give rise to a serious water pollution accident leading to any grave consequence of heavy public or private property losses or serious personal injury or death， the person responsible for such violation may be investigated for criminal liability by application of Article 115 or 187 of the Criminal Law.

　　Article 58 Personnel conducting supervision and management of environmental protection or other relevant state personnel who abuses his power， neglects his duty or engages in malpractices for personal gains shall be given disciplinary sanction by the unit to which he belongs or the competent higher authorities： if his act constitutes a crime， he shall be investigated for criminal responsibility according to law.

　　Chapter VII Supplementary Provisions

　　Article 59 With regard to individual businesses that discharge pollutants into water bodies and cause severe pollution， standing committees of the people's congresses of the provinces， autonomous regions and municipalities directly under the Central Government shall formulate measures therefor in accordance with the principles in the provisions of this Law.

　　Article 60 For the purpose of this Law， the definitions of the following terms are：

　　（1） “Water pollution” means the introduction into a water body of any substance which alters the chemical， physical， biological or radioactive properties of the water in such a way as to affect its effective use， endanger human health， damage the ecosystem or be deleterious to water quality.

　　（2） “Pollutant” means a substance that is capable of causing water pollution.

　　（3） “Toxic pollutant” means a pollutant that， when ingested by organisms directly or indirectly， leads to diseases， abnormal be haviour， genetic mutation， physiological functional disturbance， organism deformity or death of the organisms themselves or their offspring.

　　（4） “Oil” means any kind of oil or its refined products.

　　（5） “Fishery water bodies” means those parts of water bodies designated for the spawning， feeding， wintering or migratory passage of fish or shrimp， and for breeding fish， shrimp or shellfish or growing algae.

　　Article 61 The environmental protection department of the State Council shall， on the basis of this Law， formulate rules for its implementation， which shall be put into effect after being submitted to and approved by the State Council.

　　Article 62 This Law shall come into force on November 1， 1984.

　　DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS REGARDING THE REVISION OF THE LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PREVENTION AND CONTROL OF WATER POLLUTION

　　（adopted at the 19th Meeting of the Standing Committee of the Eighth National People's Congress on May 15， 1996， and promulgated by Order No. 66 of the President of the People's Republic of China on the same date）

　　The 19th Meeting of the Standing Committee of the Eighth National People's Congress has decided to revise the Law of the People's Republic of China on the Prevention and Co

ntrol of Water Pollution as follows：

　　1. The second paragraph of Article 7 is amended as： “The people's governments of provinces， autonomous regions and municipalities directly under the Central Government may establish its local standards for the discharge of water pollutants for items not specified in the national standards； with regard to items already specified in the national standards， it may set local standards which are more stringent than the national standards. The local standards for the discharge of water pollutants must be reported to the environmental protection department of the State Council for the record.”

　　2. Add a new article as Article 10： “The prevention and control of water pollution shall be planned in a unified way on the basis of river basins or regions. Water pollution prevention and control plans for major river basins designated by the state shall be drawn up by the environmental protection department of the State Council in consultation with the competent planning department， the water conservancy administration department and other competent departments under the State Council， and the people's governments of involved provinces， autonomous regions and municipalities under the Central Government， and shall be reported to the State Council for approval.

　　“Water pollution prevention and control plans for other river basins involving two or more provinces or counties shall， in accordance with the plans for major river basins designated by the state and with the local practical situations， be drawn up by the environmental protection department in consultation with the water conservancy administration department and other competent departments of the people's government at or above the provincial level， and the local people's governments involved， and shall be reported to

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