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

ing radioactive pollution， the public security department and the administrative departments for health and for environmental protection shall report the matter to the people's government at the same level and， in compliance with their respective responsibilities， immediately make arrangem

ents and take effective measures to prevent the spread of radioactive pollution and lighten the losses caused by the accident. The local people's government shall promptly inform the public of the situation and conscientiously investigate and deal with the accident.

　　Chapter V

　　Prevention and Control of Radioactive Pollution During Exploitation of Uranium （Thorium） and Accompanying Radioactive Mines

　　Article 34 Any unit that intends to exploit or close down uranium （thorium）mines shall before applying for a mining licence or going through the formalities of examination and approval for decommissioning， prepare an environmental impact report and submit it to the administrative department for environmental protection under the state council for examination and approval.

　　Any unit intends to exploit accompanying radioactive mines shall， before applying for a mining licence prepare an environmental impact report and submit it to the administrative department for environmental protection under the people's government at or above the provincial level for examination and approval.

　　Article 35 the facilities for prevention and control of radioactive pollution to built in support of a construction project for the exploitation of uranium （thorium）and accompanying radioactive mines shall be designed， constructed and put into operation simultaneously with the main part of the project.

　　The facilities for prevention and control of radioactive pollution shall be checked and accepted simultaneously with the main part of the project； and only after they are accepted as qualified may the main part of the project be put into production or operation.

　　Article 36 Any unit that exploits uranium（thorium ）mines shall monitor the effluents from the uranium （thorium）mines and the surrounding environment and shall， at regular intervals， repro the monitoring results to the administrative department for environmental protection under the state council and such a department under the people's government of a province ， autonomous region， or municipality directly under the central Government where the unit is located.

　　Article 37 Tailings repositories shall be constructed for the storage and disposal of tailings produced in the course of exploitation of uranium （thorium）and accompanying radioactive mines； such repositories constructed shall conform of the requirements for prevention and control of radioactive pollution.

　　Article 38 Any unit that exploits uranium（thorium）mine shall draw up plans for decommissioning of uranium（thorium）mines. The expenses for decommissioning uranium mines shall covered by the state financial budget.

　　Chapter VI

　　Control of Radioactive waste

　　Article 39 Any unit that operates installations utilizes unclear technology， or exploits uranium（thorium）and accompanying radioactive mines shall rationally select and use raw and processed materials and adopt advanced production techniques and equipment in order to reduce as far as possible the quantity of radioactive waste produced.

　　Article 40 Any unit that discharges gaseous or liquid radioactive waste into the environment shall conform to the national standards for prevention and control of radioactive pollution.

　　Article 41 Any unit producing gaseous or liquid radioactive waste that discharges such waste into the environment in conformity with the national standards for prevention and control of radioactive pollution shall apply for discharge quantity of radionuclides to the administrative department for environmental protection that is in charge of examination and approval of the environmental impact assessment documents and shall， at regular intervals report the discharge quantity calculated.

　　Article 42 Any unit that produces liquid radioactive waste shall， in accordance with the requirements of the national standards for prevention and control of

radioactive pollution， treat or store the liquid radioactive waste that is not allowed to be discharged into the environment.

　　Any unit producing liquid radioactive waste that discharges such waste into the environment in conformity with the national standards for prevention and control of radioactive pollution shall adopt the means of discharge that conforms to the regulations of the administrative department for environmental protection under the state council.

　　The use of seeping wells， seeping pits natural crevices， limestone caves or other means of discharge forbidden by the state for liquid radioactive waste is prohibited.

　　Article 43 Low-and intermediate-level solid radioactive waste shall be disposed of near the surface areas that conform to State regulations.

　　High-level solid radioactive waste shall be disposed in centralized deep geological disposal facility.

　　Solid alpha-radioactive waste shall be disposed of in accordance with the provisions of the preceding paragraph.

　　The disposal of solid radioactive waste in inland waters or oceans is prohibited.

　　Article 44 The department for nuclear installations under the state council shall， in conjunction with the administrative department for environmental protection under the state council， on the of geological factors and the need of disposal of solid radioactive waste and on the basis of the environmental impact assessment draw up plans for selecting places for disposing of solid radioactive waste， and shall have the plans implemented after obtaining approval of the state Council.

　　The local people's governments concerned shall， in accordance with the plans for selecting places for disposing of solid radioactive waste， provide land for construction of such places and adopt effective measures in support of the disposal of solid radioactive waste.

　　Article 45 Any unit that produces solid radioactive waste shall， in accordance with the regulations of the administrative department for environmental protection under the state council and after treating the solid radioactive waste produced， send for disposal such waste to a unit that disposes of solid radioactive waste and shall pay the fee for disposal.

　　Administrative measure for collection and use of the fees for disposal of solid radioactive waste shall be formulated by the department of finance and the department for pricing， in conjunction with the administrative department for environmental protection under the state council.

　　Article 46 The establishment of a specialized unit for storage and disposal of solid radioactive waste shall be subject to examination and approval by the administrative department for environmental protection under the state Council before obtaining a licence specific measures shall be formulated by the state council

　　Engaging in activities for the storage or disposal of solid radioactive waste without a licence or at variance with the relevant provisions of the licenee is prohibited.

　　Sending solid radioactive waste to a unit without a licence for storage or disposal or entrusting such a unit with the same is prohibited.

　　Article 47 Importing into or transferring from the territory of people's Republic of china radioactive or radioactive-contaminated goods is prohibited.

　　Chapter VII

　　Legal Responsibility

　　Article 48 Any staff member exercising supervision over the prevention and control of radioactive pollution who， in violation of the provisions of law， commits one of the following acts by taking advantage of his position to accept or receive money or things of value from another person or seek other benefits， or neglecting his duty shall be given an administrative sanction in accordance with law； and if the violation constitutes a crime， he shall be investigated for criminal responsibility in accordance with law：

　　（1）issuing a li

cence or approval document to a unit that does not meet the statutory requirements；

　　（2）failing to perform his supervisory duty in accordance with law； and

　　（3）failing to investigate and deal with an illegal act discovered.

　　Article 49 Any unit that in violation of the provisions of this Law， commits one of the following acts shall be instructed by the administrative department for environmental protection under the people's government at or above the county level or by a relevant department in compliance with its functions and powers， to rectify within a time limit and it may be fined not more than RMB 20，000yuan：

　　（1）failing to report the relevant environmental monitoring results in accordance with regulations； and

　　（2）refusing to accept on-the-spot inspection by the administrative departments for environmental protection and by relevant departments or during inspection failing to give a truthful report the situation and to provide the necessary data.

　　Article 50 Any unit that in violation of the provisions of this Law constructs or operates nuclear installations or produces or uses radioisotopes or radiation-emitting devices， etc.， without drawing up an environmental impact assessment document or obtaining approval of such document by the administrative department for environmental protection shall be instructed by the administrative department for environmental protection， which examines and gives approval to environmental impact assessment documents， to cease

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