Noise Pollution Prevention and Control Law Amendment Rules
Noise Pollution Prevention and Control Law Enforcement Rules, noise pollution is closely related to the people, and is increasingly becoming a concern of society and the general public. After the adoption of this amendment to the Noise Law, it means that in the future, the public **** places nationwide to carry out recreational and fitness activities, including square dancing, causing nuisance to the public, the organization participants or will be fined.
Noise Pollution Prevention and Control Law Amendment Rules 1On August 17, the thirtieth meeting of the Standing Committee of the thirteenth National People's Congress to consider the amendment of the "Prevention and Control of Environmental Noise Pollution Law" motion.
According to reports, the amendment stipulates that in the future, if recreational and fitness activities, including square dancing, are carried out in public **** places that disturb the public, the organization participants may be fined.
Strengthen the management of noise classification, square dance noise nuisance or be fined
China's "Prevention and Control of Environmental Noise Pollution Law" (hereinafter referred to as the "Noise Law") was promulgated and put into effect in 1997.
Previously, the Ministry of Ecology and Environment Regulations and Standards Division Director Bie Tao interview, noise pollution prevention and control law has been implemented for 24 years, during which time it has never been revised, not to mention the supporting administrative rules and regulations. For this law, Bie Tao said, "Failed to play a due role."
In March 2020, the revision of the Noise Law was included in the 2021 annual legislative work plan of the National People's Congress. In August of the same year, the Ministry of Ecology and Environment completed the proposed draft of the revised Noise Law and related materials.
According to reports, Gao Hucheng, chairman of the NPC Environment and Resource Protection Committee, introduced in the explanation of the revision of the Noise Law, the draft for the outstanding problems, to strengthen the management of noise categorization, such as social life noise, the provisions of the recreation, fitness, and other activities in the public **** place, should comply with the provisions of the public **** place managers of the relevant activities such as the area and time period.
Life noise pollution, square dance noise nuisance is particularly prominent, and has been much discussed over the years. 2017, the State General Administration of Sports has issued a "notice on the further standardization of square dance fitness activities", explicitly mentioned that "shall not be due to the noise generated by the square dance fitness activities affecting the surrounding students and residents of the normal life of the classroom ".
The amendment to the Noise Act, in the social life of the noise, especially public **** place of entertainment and fitness activities in the prevention and control of noise nuisance provisions, the penalty becomes more clear.
According to reports, the amendment to the Noise Act provides that in the streets, squares, parks and other public **** places to organize or carry out recreation, fitness and other activities, if you do not comply with the area, time period, control of noise and other provisions of the surrounding living environment caused by the interference, by discouragement, mediation does not correct, can be sentenced to a fine of more than two hundred yuan to less than five hundred yuan.
Some cities have issued regulations to prevent and control square dance noise
In order to standardize and guide the prevention and control of environmental noise pollution, only in 2020, the national and local regulations, rules and documents related to the prevention and control of environmental noise pollution **** 293. And for the square dance noise nuisance, in recent years there have been some cities have issued regulations, documents, specifically on its prevention and control norms.
In 2020, Suining City, Sichuan Province, the noise nuisance of square dance venues as the annual rectification of the "mass of the most dissatisfied with one of the 10 things".
In April of that year, Suining Municipal Urban Management and Law Enforcement Bureau jointly with the Municipal Bureau of Education and Sports carried out a number of remediation in the square dance venues near the release of the "Suining City Civilized Square Dance Convention," as well as national fitness activities site of the public, and the person in charge of the various square dance party signed a civilized convention on the square dance venues, open time, noise volume, and other issues to regulate.
Hubei Shiyan City in January 1 this year, the implementation of the "Shiyan City Civilized Behavior Promotion Regulations" clearly stipulates that in the public **** place to carry out square dance and other cultural and sports leisure activities, should comply with the management of the place or behavioral conventions, reasonable use of space and facilities, does not produce environmental noise pollution, does not affect the normal life of others.
Article 45 of the chapter "Legal Liability" provides that in the public **** place to carry out sports and recreational activities to create noise interference with the normal life of others and do not listen to dissuasive, by the public security organs of the activities of the organizer or the perpetrator of the violation of the law to give a warning, can be sentenced to a fine of more than two hundred yuan five hundred yuan.
After the passage of this amendment to the Noise Law, it means that future recreational and fitness activities, including square dancing, in public **** places across the country cause nuisance, the organization participants or will be fined.
Noise Pollution Prevention and Control Law Amendment Rules 2Noise pollution is closely related to the people, and is increasingly becoming a matter of concern to society and the general public. Thirty-third session of the Standing Committee of the National People's Congress on the 17th to consider the revision of the Environmental Noise Pollution Prevention and Control Act. One of the draft for the current noise management in the existing outstanding problems, strengthen the classification management, while clear legal responsibility, increase penalties.
It is understood that the current Environmental Noise Pollution Prevention and Control Law has been in force since March 1, 1997, in 2018 to amend individual articles. 20 years, China's noise pollution prevention and control of the situation has undergone significant changes, environmental noise pollution prevention and control law has not been able to adapt to the requirements of the new situation, the need to amend and improve.
With China's economic and social development, the prevention and control of noise pollution situation has also undergone significant changes, the pollution area from the city extended to the rural areas, high-speed rail, urban rail transit and other new noise sources continue to appear, outdoor activities, noise, indoor noise pollution is also increasingly frequent, diverse. The environmental protection hotline reporting platform in the noise complaints for a long time, ranked in the pollution elements of the second place, second only to air pollution.
Gao Hucheng, chairman of the National People's Congress Environment and Resource Protection Committee, introduced the revision of the Environmental Noise Pollution Prevention and Control Law in the description of the revision of the law to delete the original name of the law ` "environment" two words, the "Chinese People's **** and the State of the Prevention and Control of Environmental Noise Pollution Law" was amended to "the Chinese People's *** and the State of the Prevention and Control of Noise Pollution". *** and the State Noise Pollution Prevention and Control Law", more clearly regulate the object of the law is limited to man-made noise, the revision of the name of the law does not affect the strict requirements for the prevention and control of noise pollution behavior.
The draft increased the prevention and control of noise pollution objects, expanding the scope of application of the law, such as transportation noise in the addition of urban rail transportation noise, expanding the geographical scope of application of the law, industrial noise, construction noise, transportation noise and social life noise only applies to urban areas of the provisions of the amendment to the expansion of rural areas.
Prevention and control at source is one of the most effective ways to prevent and control noise pollution. The draft strengthens the source prevention and control requirements, improve the product noise limit system, increase industrial noise, transportation noise planning and control requirements, increase the environmental vibration control standards and measures required to prevent and control noise pollution from the source.
The draft for the outstanding issues, strengthen the noise classification management, such as social life noise, the provisions of the public **** place to carry out recreation, fitness and other activities, should comply with the public **** place managers about the activities of the region and the time period and other provisions.
Noise pollution, social life noise nuisance is the most serious
The Ministry of Ecology and Environment 2021 "China Environmental Noise Pollution Prevention and Control Report" shows that in 2020, the ecological and environmental departments "national ecological and environmental letter and complaint reporting management platform "*** received more than 441,000 reports from the public, of which noise nuisance problems accounted for 41.2% of all reports, ranking second among the various elements of environmental pollution, second only to air pollution.
At the "Capital Noise Rule of Law Seminar" held in 2018, experts from the Chinese Academy of Sciences pointed out that the noise referred to in the law refers to the sound that adversely affects human life or production activities or the sound that people don't need in normal life, "which can be associated with the environment," he said. "It can be the same with the environment, waste water, waste gas, waste residue, environmental hazards, affecting more than just human beings."
And in all types of noise pollution, social life noise nuisance is the most serious. According to incomplete statistics from the Ministry of Ecology and Environment, in 2020, the ecological environment, public security, housing and urban and rural construction departments of province-administered county-level cities and prefectural-level and above cities across the country collectively received about 2.018 million complaints and reports of environmental noise, of which more than 50% were complaints about social life noise.
In the prevention and control of noise pollution in life, the current "Prevention and Control of Environmental Noise Pollution Law" Article 45 provides that in urban areas of the city streets, squares, parks and other public **** places to organize recreation, gatherings and other activities, the use of audio equipment may produce interference with the surrounding living environment of excessive volume, must comply with the provisions of the local public security organs. In case of violation of these regulations, "the public security organs shall give a warning and may impose a fine."
An earlier national regulation in the field of environmental noise pollution prevention and control was the Regulation on Prevention and Control of Environmental Noise Pollution, which came into force in 198 9. Article 32 of the regulations stipulates that in streets, squares, parks and other public **** areas, as well as convalescent areas and scenic spots, without the approval of the people's government at or above the county level, it is prohibited to use high-powered broadcasting loudspeakers and broadcasting propaganda vehicles.
Article 38 of which provides that if the people's government at or above the county level without the approval of the streets, squares, parks and other public **** area, the use of high-powered broadcasting loudspeakers or broadcasting promotional vehicles, by the public security department in accordance with the "Chinese People's *** and the State Administration of Public Security Punishment Regulations" punishment.