中华人民共和国环境噪声污染防治法 LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE PREVENTION AND CONTROL OF ENVIRONMENTAL

recreation must conform to the standards set by the state for the discharge of environmental noise. For those that fail to meet the standards set by the state for the discharge of environmental noise， the cultural administrative departments may not issue the permits for cultural business， and the

industrial and commercial departments may not issue the business license.

　　Managers of cultural and recreational places in operation shall take effective measures to control their boundary noise not exceeding the state-set standards for the discharge of environmental noise.

　　Article 44 It is prohibited to use tweeters or other means that produce high noise in business operations to solicit customers.

　　In the cases where equipment or installations such as air-conditioners and cooling towers are used in business operations and are likely to produce environmental noise pollution， the managers shall take measures to control their boundary noise not exceeding the standards set by the state for the discharge of environmental noise.

　　Article 45 All units and individuals shall be prohibited from using tweeters in urban districts where noise-sensitive buildings concentrate.

　　In the cases where acoustic equipment is to be used in recreational activities or assemblies held in public places within urban districts such as streets， squares and parks and is likely to produce too high a volume of sound disturbing the neighbouring living environment， the organizers shall comply with the provisions of local public security organs.

　　Article 46 In the cases where anyone uses electrical household appliances or musical instruments or conducts other indoor activities of family recreation， he shall control the volume of sound or take effective measures to avert environmental noise pollution caused to neighbouring residents.

　　Article 47 In the cases where anyone conducts interior decoration and rehabilitation of residential houses already built and put into use， he shall restrict his operation time or take other effective measures to reduce and avert environmental noise pollution caused to neighbouring residents.

　　Chapter VII Legal Responsibility

　　Article 48 If， in violation of the provisions of Article 14 of this Law， a construction project is put into operation or use when its facilities for the prevention and control of environmental noise pollution have not been built as an auxiliary part or fail to meet the requirements set by the state， the environmental protection department responsible for the examination and approval of the environmental impact statement on the construction project shall order the suspension of its operations or use and may concurrently impose a fine.

　　Article 49 If anyone， in violation of the provisions of this Law， refuses to report or submits a false report on items for which registration is required for the discharge of environmental noise， the environmental protection department of local people's government at or above the county level may， according to the circumstances of the case， give him a warning or impose a fine.

　　Article 50 If anyone， in violation of the provisions of Article 15 of this Law， dismantles or leaves idle the facilities for the prevention and control of environmental noise pollution without prior approval by the environmental protection department and thereby discharges environmental noise in excess of the prescribed standards， the environmental protection department of local people's government at or above the county level shall order him to make corrections and concurrently impose a fine.

　　Article 51 If anyone， in violation of the provisions of Article 16 of this Law， refuses to pay the fee for excessive discharge of noise according to state provisions， the environmental protection department of local people's government at or above the county level may， according to the circumstances of the case， give him a warning or impose a fine.

　　Article 52 An enterprise or institution that fails to eliminate or control pollution within a time limit by violating the provisions of Article 17 of this Law shall， as provided for by the state， pay a fee for excessive discharge； in addition， a fine ma

y be imposed on it on the basis of the damage incurred， or the enterprise or institution may be ordered to suspend its operations， move to a new site or close down.

　　The fine mentioned in the preceding paragraph shall be decided by the competent environmental protection department. Orders for the suspension of operations， moving to another site or shutdown of enterprises or institutions shall be decided by people's governments at or above the county level within the jurisdiction set by the State Council.

　　Article 53 If anyone， in violation of the provisions of Article 18 of this Law， produces， sells or imports prohibited equipment， the comprehensive economic administrative department of people's government at or above the county level shall order him to make corrections. When the cases are serious， the comprehensive economic administrative department of people's government at or above the county level shall propose to the people's government at the same level for an order of suspension of operations or shutdown made within the jurisdiction set by the State Council.

　　Article 54 If anyone， in violation of the provisions of Article 19 of this Law， conducts productive activity that discharges fortuitous strong noise without the approval of the local public security organ， the public security organ shall， according to the circumstances of the case， give him a warning or impose a fine.

　　Article 55 If any unit discharging environmental noise， in violation of the provisions of Article 21 of this Law， refuses an on-site inspection or resorts to trickery and fraud during inspection by the competent environmental protection department or another department or organ exercising supervision and management of environmental noise under this Law， the environmental protection department or another department or organ exercising supervision and management of environmental noise under this Law may， according to the circumstances of the case， give it a warning or impose a fine.

　　Article 56 If any construction unit， in violation of the provisions of the first paragraph of Article 30 of this Law， conducts prohibited construction operations at night which produce environmental noise pollution in urban districts where noise-sensitive buildings concentrate， the environmental protection department of local people's government at or above the county level in the place where the construction project is located shall order it to make corrections or may concurrently impose a fine.

　　Article 57 If motor vehicles， in violation of the provisions of Article 34 of this Law， fail to use sounding devices as stipulated， the local public security organs shall， according to the circumstances of the cases， give a warning or impose a fine.

　　For motor ships committing the illegal act mentioned in the preceding paragraph， the harbour superintendency agencies shall， according to the circumstances of the cases， give a warning or impose a fine.

　　For locomotives committing the illegal act mentioned in the first paragraph， the competent railroad departments shall impose disciplinary sanctions upon the person involved.

　　Article 58 Anyone who， in violation of the provisions of this Law， commits any of the following acts shall be given a warning and may be concurrently imposed a fine by the public security organ：

　　（1） using a tweeter in the urban district where noise-sensitive buildings concentrate；

　　（2） using acoustic equipment in recreational activity or assembly held in a public place within the urban district such as a street， square or park by violating the provisions of the local public security organ， and thereby producing too high a volume of sound that disturbs the neighbouring living environment； or

　　（3） failing to take measures according to the provisions of Articles 46 and 47 of this Law and discharging environmental noise from his residential house that serious

ly disturbs the neighbouring residents' lives.

　　Article 59 If anyone， in violation of the provisions of the second paragraph of Article 43 or the second paragraph of Article 44 of this Law， produces environmental noise pollution， the environmental protection department of local people's government at or above the county level shall order him to make corrections and may concurrently impose a fine.

　　Article 60 If anyone， in violation of the provisions of the first paragraph of Article 44 of this Law， produces environmental noise pollution， the public security organ shall order him to make corrections and may concurrently impose a fine.

　　If people's governments at or above the provincial level decide according to law that the environmental protection departments of local people's governments at or above the county level exercise the right of imposing administrative sanctions as stipulated in the preceding paragraph， the decision shall prevail.

　　Article 61 Any unit or individual that suffers from an environmental noise pollution hazard shall have the right to demand the elimination of the hazard by the polluter. The polluter shall make compensation according to law if losses have caused.

　　A dispute over the responsibility for making compensation or the amount of compensation may， at the request of the parties， be settled under reconciliation by a competent environmental protection department or another supervisory and management department or organ for the prevention and control of envi

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