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Interpretation on the revision of the law of the people’s Republic of China on the prevention and control of environmental noise pollution

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Release time: 2019年5月31日

The decision on Amending the labor law of the people's Republic of China and other seven laws issued at the 7th Meeting of the Standing Committee of the 13th National People's Congress on December 29, 2018 amended the law of the people's Republic of China on the prevention and control of environmental noise pollution.
The specific amendments are as follows:
1) Articles 6, 10 (1), 11, 13 (2), 15, 17 (3), 20, 21 (1), 24 (1), 29, 42, 49, 50, 51, 52 (2), 55, 56 The "competent administrative department of environmental protection" in Article 59, paragraph 2 of Article 60 and paragraph 2 of Article 61 shall be revised to "competent department of ecological environment".
2) In the second paragraph of Article 14, "accepted by the administrative department of environmental protection that originally approved the environmental impact report" is revised to "accepted in accordance with the standards and procedures prescribed by the state".
(original article: before a construction project is put into production or use, its environmental noise pollution prevention and control facilities must be checked and accepted by the administrative department of environmental protection that originally examined and approved the environmental impact report; if it fails to meet the requirements of national regulations, the construction project shall not be put into production or use.)
3) The "administrative department for Industry and commerce" in the first paragraph of Article 43 is revised to "market supervision and administration department".
4) In Article 48, "the competent administrative department of environmental protection that approves the environmental impact statement of the construction project shall order it to stop production or use and may also impose a fine" is amended to read "The competent department of ecological environment at or above the county level shall order it to make corrections within a time limit and impose a fine on the unit and individual; if it causes major environmental pollution or ecological damage, it shall be ordered to stop production or use, or it shall be ordered to close down with the approval of the people's government with the power of approval.".
5) In order to implement the newly revised regulations on the administration of environmental protection of construction projects and standardize the procedures and standards for the construction unit to independently carry out environmental protection acceptance after the completion of construction projects, the Ministry of ecological environment has formulated the Interim Measures for environmental protection acceptance after the completion of construction projects Where it is stipulated that the construction project needs supporting facilities for the prevention and control of water, noise or solid waste pollution, before the newly revised law of the people's Republic of China on the prevention and control of water pollution comes into force or the law of the people's Republic of China on the prevention and control of environmental pollution by solid waste and the law of the people's Republic of China on the prevention and control of environmental noise pollution Before the modification is completed, the environmental protection department shall accept the water, noise or solid waste pollution prevention and control facilities of the construction project according to law.