Law of the peoples Republic of china on prevention and control of Radioactive pollution 中华人民共和国放射性污染
2009-03-24 法律英语 来源:互联网 作者: ℃(adopted at the 3 rd Meeting of the standing Committee of the Tenth National people's Congress on June 28 2003)
颁布日期:20030628 实施日期:20031001 颁布单位:全国人大常委会
Order of the president of the people's Republic of china NO.6
The law of the people's Republic of china on prevention and control of Radioactive pollution, adopted at the 3rd o f the Standing committee of the Tenth National people's Congress of the Republic of china on June 28,2003,is hereby promulgated and shall go into effect as of October 1,2003.
Hu Jintao president of the People's Republic of China June 28,2003.
contents
Chapter I General Provisions
Chapter II Supervision over prevention and Control of Radioactive pollution
Chapter III prevention and Control of Radioactive pollution Caused by Nuclear Installations
Chapter IV prevention and Control of Radioactive Pollution Caused by Utilization of Nuclear Technology
Chapter V prevention and Control of Radioactive pollution During Exploitation of Uranium (thorium)and accompanying Radioactive Mines
Chapter VI Control of Radioactive Waste
Chapter VII Legal Responsibility
Chapter VIII supplementary provisions
Chapter I
General Provisions
Article 1 this Law is enacted to prevent and control radioactive pollution, protect the environment, ensure human health and promote the development and peaceful use of nuclear energy and technology.
Article 2 This Law shall be applicable to the prevention and control radioactive pollution discharged in the course of site selection, construction, operation and decommissioning of nuclear installations and in the cause of development and utilization of nuclear technology, uranium (thorium )and accompanying radioactive mines in the territory of the people's Republic of China and in the territorial waters under its jurisdiction.
Article 3 In prevention and control of radioactive pollution, the state applies the principles of putting prevention first, combining prevention and control measures, exercising rigorous control, and giving priority to safety.
Article 4 the state encourages and supports scientific research in, and the development and utilization of technology for, the prevention and control of radioactive pollution and the wide use of advanced technology in the effort.
The state supports international exchange and co-operation in prevention and control of radioactive pollution.
Article 5 people's governments at or above the county level shall incorporate the work for prevention and control of radioactive pollution into their plans for environmental protection.
People's governments at or above the county level shall take charge of dissemination and education aimed at preventing and controlling radioactive pollution, in order to keep the general public informed of the situation, and impart to them scientific knowledge, related to the prevention and control of radioactive pollution.
Article 6 Every unit and individual shall have the right to report to the authorities and bring a against any act that causes radioactive pollution.
Article 7 people's government at or above the county level shall give rewards to units and individuals that make outstanding achievements in prevention and control of radioactive pollution.
Article 8 The administrative department for environmental protection under the state Council shall, in accordance with law, exercise unified supervision over the prevention and control of radioactive pollution throughout the country.
The administrative department for health under the state Council as well as the relevant departments shall, in compliance with their duties defined by the state council and in accordance with law, exercise supervision over the prevention and control of radioact
ive pollution.
Chapter II
Supervision over prevention and control of Radioactive pollution
Article 9 the administrative department for environmental protection under the state council shall, in accordance with the requirements for environmental safety and on the basis of the economic and technological conditions of the state. formulate national standards for prevention and control of radioactive pollution. such standards shall jointly be issued by the administrative department for environmental protection under the state council and the administrative department for standardization under the state council.
Article 10 The state establishes a system for monitoring radioactive pollution. The administrative department for environmental protection under the state council shall, in conjunction with the relevant departments under the state council, form an environmental monitoring network to monitor and control radioactive pollution.
Article 11 The administrative department for environmental protection under the state council and the relevant departments under the state council shall, in accordance with their division of duties and respective responsibilities and by exchanging information and acting in close co-ordination, conduct supervision and inspection of the prevention and control of radioactive pollution discharged by nuclear installations and in the course of exploiting uranium (thorium )mines.
The administrative departments for environmental protection under the local people's government at or above the county level and the relevant departments at the same shall, in accordance with their division of duties and respective responsibilities and by exchanging information and acting in close co-ordination, conduct supervision and inspection of the prevention and control of radioactive pollution discharge in the cause of utilizing nuclear technology and exploiting accompanying radioactive mines in their respective administrative regions.
When conducting on-the-spot inspection, the supervisors and inspectors shall produce their identification documents. The units under inspection shall give a truthful report of the situation and provide the necessary information. The supervisors and inspectors shall keep confidential the technological and professional secrets of the units under inspection. When conducting inspection of the units and locations related to state to state secrets they shall observe relevant state regulations for guarding state secrets and go through the relevant formalities of examination and approval in accordance with law.
Article 12 Units that operate nuclear installations, utilize nuclear technology, or exploit uranium (thorium)and accompanying radioactive mines shall be responsible for prevention and control of radioactive pollution in their own units, subject themselves to supervision b y the administrative department for environmental protection and the relevant departments and, in accordance with law, wear the responsibility for radioactive pollution caused.
Article 13 Units that operate nuclear installations utilize nuclear technology, or exploit uranium(thorium)and accompanying radioactive mines shall adopt safety and protective measures to prevent the occurrence of any kind of accident that may lead to radioactive pollution and to avoid hazards incurred by such pollution.
Units that operate nuclear installations, utilize nuclear technology, or exploit uranium(thorium)and accompanying radioactive mines shall provide their workers with education and training in safety from radiation and adopt effective protective and safety measures.
Article 14 The state applies a qualification control system among the professionals engaged in the prevention and control of radioactive pollution, as well as among the institutions engaged in monitoring of radioactive pollution.
Article 15 For transport of radio
active material and radiation-emitting devices containing radioactive sources, effective measures shall be adopted to prevent radioactive pollution. Specific measures shall be formulated the state Council.
Article 16 Radioactive material and radiation-emitting devices shall be attached with clear radiation labels and warning descriptions in Chinese. The places where radioactive material and radiation-emitting devices are produced, marked, used, stored or disposed of and the means of transport for radioactive material and radiation-emitting devices containing radioactive sources shall be put with clear marks of radiation.
Article 17 Products containing radioactive material shall conform to national standards for prevention and control of radioactive pollution; products that do not conform such standards shall not leave factory or be put on the market.
Slag from accompanying radioactive mines and stone materials containing natural radioactive substances shall be used for construction and refurbishing in conformity with the national standards for the control of radioactive nuclides in construction materials.
Chapter III
Prevention and Control of Radioactive Pollution Caused by Nuclear Installations
Article 18 the site for nuclear installations shall be selected on the basis of scientific demonstration, and the formalities of examination and approval shall be gone through in accordance with relevant state regulations. Before going through the examination and approval formalities for selection of the site for nuclear installations, an environmental impact report shall be prepared and submitted to the administrative department for environmental protection under the state council for examination and approval ; without approval, the relevant depart
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