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

department of the State Council， it shall be submitted for approval to the revenant department.

　　Article 41 If an offence in violation of the present Regulations causes serious damages in consequence of noise pollution， the unit to which the offender is attached or the respons

ible organ at the higher level shall impose an administrative disciplinary sanction， or in case a crime is constituted， the criminal liabilities shall be assessed.

　　Article 42 If the person concerned refuses to accept the disciplinary sanction， the person may within 15 days upon receipt of the notice of sanction apply for reconsideration with the authority of a level immediately above the organ who decided the sanction. If the person concerned again refuses to accept the decision after reconsideration， the person may within 15 days upon receipt of notice of decision after reconsideration bring a suit with the people's court. Alternatively the person concerned may within 15 days upon receipt of the notice of sanction directly go to the people's court for legal proceedings. If the deadline for such actions has been passed with the person concerned neither applying for reconsideration or seeing with the people's court nor carrying out the decision of sanction， the organ who made the decision of sanction shall apply with the people's court for enforced implementation of the decision.

　　Any refusal to accept punishment of security administration shall be handled according to the regulations regarding security administration and penalties.

　　Article 43 Any unit or individual who have caused emission of noise pollution shall have the liabilities to eliminate the consequent harms and compensate the units or individuals for the losses they directly suffers.

　　Disputes a ring from compensation liabilities and volume of damages shall be handled by environment protection department upon request of the concerned parties. The concerned party who refuses to accept the decision upon the disputes may sue with the people's court. Alternatively concerned parties may directly go to the people's court for a suit.

　　Article 44 Any occurrence of abuse of power， favoritism or negligence by the environment protection or supervision staff shall be punished by way of disciplinary sanction or where a crime is constituted the criminal liabilities shall be assessed.

　　Chapter VIII Supplementary Provisions

　　Article 45 The environment protection department of the State Council shall be responsible for interpretation of the present Regulations.

　　Article 46 Provinces， autonomous regions and municipalities under the direct leadership of the Central Government may formulate more detailed provisions for implementation of the present Regulations in light of their own circumstances.

　　Regulations regarding prevention and cure of noise pollution from military activities shall be separately formulated by the military.

　　Article 47 The present Regulation shall come into effect as of the date of December 1， 1989

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