Regulations of Gansu Province on Environmental Protection (revised in 2004)

Chapter I General Provisions Article 1 In order to protect and improve the living environment and ecological environment, prevent and control pollution and other public hazards, safeguard human health and promote economic and social development, these Regulations are formulated in accordance with the Environmental Protection Law of People's Republic of China (PRC) and other relevant laws and regulations, combined with the actual situation of this province. Second units and individuals within the administrative region of this province must abide by these regulations. Article 3 Environmental protection is a basic national policy of our country. All units and individuals have the obligation to protect the environment, and have the right to report and accuse units and individuals that pollute and destroy the environment according to law. Article 4 Environmental protection plans formulated by people's governments at all levels must be incorporated into the plans for national economic and social development, so as to coordinate environmental protection with economic construction and social development. Article 5 Environmental protection work must adhere to the principles of putting prevention first, combining prevention with control, overall planning, rational layout and comprehensive management. Whoever develops it will protect it, whoever pollutes it will control it, whoever destroys it will restore it and whoever uses it will compensate it. Article 6 Strengthen the research and development of environmental protection science and technology, popularize advanced technologies, processes and equipment with little or no pollution, low resource and energy consumption and high comprehensive utilization rate, develop environmental protection industry, and carry out international cooperation and scientific and technological exchanges on environmental protection. Article 7 Departments of environmental protection, culture, education, judicial administration, press and publication, radio and television at all levels shall strengthen publicity and education of environmental protection and supervision by public opinion, popularize scientific and legal knowledge of environmental protection, and raise citizens' awareness of environmental protection. Eighth units and individuals that have made remarkable achievements in protecting and improving the environment shall be commended and rewarded by the people's governments at all levels or the competent departments. Chapter II Management Responsibilities Article 9 People's governments at all levels shall be responsible for the environmental quality of their respective administrative areas, strengthen their leadership over environmental protection and take measures to protect and improve the environment. Article 10 The competent administrative department of environmental protection of the people's governments at or above the county level shall exercise unified supervision and management over the environmental protection work in their respective administrative areas; Supervise and inspect the supervision and management of the relevant departments on the prevention and control of environmental pollution and the protection and utilization of natural resources.

Township (town) people's governments and sub-district offices shall have full-time (part-time) personnel to manage environmental protection. Article 11 The main duties of the competent administrative department of environmental protection of the people's government at or above the county level are:

(1) Implementing laws, regulations, rules and environmental standards on environmental protection, participating in the formulation of economic, technological, resource allocation and industrial policies related to environmental protection, formulating environmental protection measures within their respective administrative areas, and supervising their implementation. The provincial environmental protection administrative department shall formulate local environmental protection standards.

(two) to formulate the environmental protection plans and plans of the administrative region and the development plan of the environmental protection industry. Manage environmental statistics and environmental information work.

(three) to supervise and manage the prevention and control of environmental pollution and other public hazards, implement the environmental management system, and examine and approve the environmental impact report (form) according to the authority.

(four) unified supervision and management of nature protection work in their respective administrative areas. The provincial environmental protection administrative department shall co-ordinate the division and planning of nature reserves in the whole province, put forward the evaluation opinions of newly-built provincial nature reserves to the provincial people's government, and formulate the ecological environment evaluation indicators and evaluation methods jointly with relevant departments.

(five) responsible for environmental monitoring and environmental supervision and management, organize and coordinate environmental scientific research, carry out environmental protection publicity and education, and popularize new technologies for environmental protection; Cooperate with relevant departments to supervise the quality of environmental protection products.

(six) on-site supervision and inspection of pollution sources within their respective administrative areas, investigation and handling of pollution, environmental damage and environmental pollution accidents, and mediation of environmental pollution disputes. Twelfth levels of public security, transportation, fishery administrative departments, railway, civil aviation management departments and military environmental protection departments, in accordance with relevant laws, regulations and rules, the implementation of supervision and management of environmental pollution prevention and control.

The departments of land, minerals, forestry, agriculture, water conservancy and animal husbandry of the people's governments at or above the county level shall supervise and manage the protection and utilization of natural resources in accordance with relevant laws, regulations and rules.

The industry management department shall supervise and inspect the environmental protection work in this industry. Thirteenth planning, trade, finance, taxation, finance, price, science and technology, energy and other departments at all levels should give priority to the comprehensive utilization of waste gas, waste water and waste residue and the comprehensive prevention and control of pollution in accordance with relevant state regulations. Chapter III Environmental Supervision and Management Article 14 Environmental protection shall be subject to the target responsibility system. The people's governments at or above the county level shall be responsible for formulating the environmental protection objectives of their respective administrative areas, and report the completion to the people's congresses at the same level and their standing committees and the people's governments at the next higher level.

The completion of environmental protection objectives is one of the bases for evaluating government performance. Fifteenth provincial environmental protection administrative department in conjunction with the relevant departments to establish an environmental monitoring network, implement a unified monitoring standard and environmental monitoring qualification system, and strengthen the supervision and management of the province's environmental monitoring work.

The monitoring data of environmental monitoring institutions of environmental protection administrative departments at or above the county level are the basis for evaluating environmental quality, charging for pollution discharge and handling pollution disputes.

The environmental monitoring institutions of industry management departments and enterprises and institutions are responsible for the environmental monitoring work of their own departments and units; Entrusted by the administrative department of environmental protection at or above the county level and verified by the entrusted department, the monitoring data can also be used as the basis for evaluating environmental quality, charging sewage and handling pollution disputes.

Disputes over the monitoring data shall be arbitrated by the administrative department of environmental protection at the next higher level.