Polluters face stoppage under new environmental protection law

The revised Environmental Protection Law adopted by the Standing Committee of the 12th National People's Congress at its eighth session on 24 April will empower the Ministry of Environmental Protection to order enterprises that discharged pollutants in excess of standards and gross volume to limit or suspend production for rectification. The new legislation will take effect on 1 January 2015.

The following environmental monitoring and control measures are included in the revised Environmental Protection Law specifically to facilitate the establishment of a green mode of development based on China's environmental carrying capacity:

1. The state will establish a monitoring and early warning system for resource and environmental carrying capacity, adopt restrictive measures in areas where the environment and natural resources have been excessively exploited, establish a lifelong accountability system for ecological and environmental damage, and promote the development of a green economy.

2. Environmental quality objectives will be clearly spelled out for the governments at all levels, with the enterprises playing a major role. Environmental protection and other government departments will make environmental information public, enterprises will be named for breaking environmental protection laws, citizens will be encouraged to report on environmental offences, and informants will be protected.

3. Environmental monitoring agencies will be permitted to conduct on-site inspections. Environmental protection departments will be authorised to seize or hold in custody heavily polluting facilities and equipment and order units that discharged pollutants in excess of standards and gross volume to limit or suspend production for rectification. New rules of consecutive daily fines will be adopted to tackle the low cost of law-breaking. The responsible persons of law-breaking enterprises that started construction before obtaining the relevant approval papers and refused to make corrections as well as those that tried to dodge monitoring by discharging pollutants through hidden pipes will be detained for public order violations and may be investigated for criminal responsibilities in accordance with law if such acts constitute criminal offences.

The new Environmental Protection Law puts forward tough rules targeting smog and other forms of air, water and marine pollution. In this connection, the state will establish a coordination mechanism transcending administrative division for the joint prevention and control of environmental pollution and ecological damage in key areas and river basins and promote clean production and the recycling of resources.

Please refer to the following link for the Chinese text of the revised Environmental Protection Law:

http://news.xinhuanet.com/politics/2014-04/25/c_126431703.htm

For further details in Chinese about the law, please also visit the Ministry of Environmental Protection website at:

http://www.mep.gov.cn/gkml/hbb/qt/201404/t20140427_271054.htm