中华人民共和国环境噪声污染防治条例 REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA ON PREVENTION AND CURE OF AMBIENT NOI

国务院第40号令
（Adopted by the 47th Executive Meeting of the State Council on September 1， 1989， promulgated by Decree No. 40 of the State Council of the People's Republic of China on September 26， 1989）（Editor's Note： These Regulations have been annulled by Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution promulgated on October 29， 1996）
时效性：失效　 颁布日期：19890926 　实施日期：19891201 　失效日期：19970301 　颁布单位：国务院

　　Chapter I General Provisions

　　Article 1 With a view to preventing and curing ambient noise pollution， ensuring for people a good living environment and safeguarding health of people， the present Regulations are hereby formulated.

　　Article 2 The term “ambient noise” mentioned in the present Regulations refers to any sound that is produced in industrial production， construction， transportation， and other social lives and that affects living environment thereabout.

　　The term “ambient noise pollution” mentioned in the present Regulations refers to emission of the undesired ambient sound to such an extent that exceeds the state prescribed standards of ambient sound and disturbs people's working， studying， living and other normal activities.

　　Article 3 Any unit or individual whoever emits undesired ambient sound within the territory of the People's Republic of China shall comply with the present Regulations.

　　Article 4 The State Council and local people's governments at different levels shall include prevention and cure of ambient noise pollution in their plans for state economy and society development and shall adopt countermoves and measures to prevent and cure ambient noise pollution.

　　Article 5 Local governments at different levels when formulating construction programmes for cities， towns and Article 5 Local governments at different levels when formulating construction programmes for cities， towns and villages shall properly design different functional areas and location of constructions， structions and roads in such away that prevents the future ambient noise from polluting the environment and safeguards peace of the living environment.

　　Article 6 Environmental protection departments of local governments at different levels shall be responsible for unified supervision and administration of prevention and cure of ambient noise pollution.

　　Departments at different levels in charge of social security， transportation， railway and civil aviation shall be responsible for supervision and control of ambient noise emitted by motor- driven vehicles， trains， ships and air crafts respectively.

　　Public security organs at different levels shall be responsible for supervision and control of ambient noise emitted in social lives.

　　Article 7 Any unit or individual shall have the duty to protect the environment from noise pollution and shall have the right to report and charge against any unit or individual who creates ambient noise pollution.

　　Any unit or individual who is directly affected by ambient noise pollution shall have the right to claim for alleviation and elimination of the harm of ambient noise pollution.

　　Article 8 The State shall encourage scientific research on provention and cure of ambient noise pollution， spread advanced technology thereof and improve science and technology on provention and cure of ambient noise pollution.

　　Article 9 The people's government shall extend praise and reward to those units and individuals who have made outstanding achievements in provention and cure of ambient noise pollution.

　　Chapter II Standards of Ambient Noise and Monitor and Measure of Ambient Noise

　　Article 10 The environment protection department of the State Council shall formulate the national quality standards governing ambient noise.

　　Local people's governments at and above the county level shall， according to p

rescriptions of different national ambient noise quality standards applicable to different districts， designate different environmental districts within their own administrative regions.

　　Article 11 The environment protection department of the State Council shall formulate the national standards governing ambient noise emission in accordance with the national ambient noise quality standards and in light of economic and technological conditions.

　　The people's government of province， prefecture or autonomous region may in consideration of local needs formulate local standards governing ambient noise emission of items which are not covered by the national standards； or where necessity so arises and where economic and technological conditions so permit formulate stricter local standards than the national ones on items already included in the national standards. Local standards governing ambient noise emission shall be submitted to the environment protection department of the State Council for record.

　　Whenever ambient noise is emitted in the living areas where local standards governing ambient noise emission are available， the local standards shall be complied with.

　　Article 12 The environment protection department of the State Council shall establish a system for monitoring and measuring ambient noise， organise a net for monitoring and measuring ambient noise and formulate unified methodology for monitoring and measuring ambient noise.

　　Article 13 Wherever the ambient noise emission standards are exceeded， effective measures shall be taken to bring the situation under control and a fee shall be levied for pollution emission above normal standards according to corresponding state provisions. The fees so levied shall be used for the purpose of provention and cure of ambient noise pollution.

　　Article 14 Environment protection departments and other concerned supervisory and administrative organs shall within their own territory administration have the power to conduct on- the- spot investigations with any unit or individual who has ambient noise imitated. The concerned unit and individual shall report the true situation and supply necessary materials. The investigator shall have the duty to keep confidential technological and business secrets for the benefit of concerned unit or individual.

　　Chapter III Provention and Cure of Industrial Noise

　　Article 15 Any new construction， reconstruction or extension shall be subject to corresponding state provisions regarding environment protection with construction.

　　The report of environmental implications of construction shall include assessment of possible ambient noise emitted in the construction， provisions on provention and cure measures and shall be submitted to environment protection department for approval in accordance with prescribed procedures.

　　Finished construction before being used for production or other purposes shall have its facilities for preventing and curing noise pollution be subject to the check- up of environment protection department and be deemed up to the standard.

　　Article 16 Wherever industrial noise is emitted to ambient living environment， a report shall be submited to the environment protection department of the local government for registration of all facilities that emits noise， facilities for cure of noise pollution， types， number of noise sources and intensity of the noise emitted under normal operation conditions； and relevant materials concerning provention and cure of noise pollution shall be supplied.

　　In case there is a great change concerning the type， number of noise sources and intensity of noise， it shall be reported in time. Dismantlement or idling of facilities for cure of noise pollution shall be subject to approval of environment protection department of the local people's government.

　　Article 17 Enterprises and institutions whenev

er having noise emitted into ambient living environment shall comply with corresponding state prescriptions of standards governing emission of ambient noise within limited boundary.

　　Article 18 Any enterprise or institution who has noise emitted in excess of the state prescribed standards governing emission of ambient noise within limited boundary and consequently creates serious environmental pollution shall cure the situation within a limited time.

　　The cure of noise pollution within a limited time by an enterprise or institution under the auspices of the people's government at or below the municipal or county level shall be proposed by the environment protection department of the municipal or county people's government. The proposal shall be submitted for approval to the people's government at the same level. The cure of noise pollution within a limited time by an enterprise or institution under the direct auspices of relevant departments of the State Council or the people's government of province， autonomous regions or municipality under the direct leadership of the central government shall be proposed by the environment protection department of the people's government of province， autonomous regions or municipality under the direct leadership of the central government. The proposal shall be submitted for approval the people's government at the same level.

　　Article 19 In case an enterprise which produces products of urgent necessity to the national economy is unable to eliminate ambient noise pollution through controll of noise sources due to actual economical or technological restrictions， the enterprise shall adopt effect measures to reduce the harm of noise pollution to a minimum and shall make an agreement through negotiation with the organisation of suffered residents and other relevan

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