Source: Xinhua News Agency
On December 24, the 32nd meeting of the Standing Committee of the 13th National People’s Congress adopted the law of the people’s Republic of China on the prevention and control of noise pollution. This law will come into force on June 5, 2022. The law of the people’s Republic of China on the prevention and control of environmental noise pollution will be repealed at the same time.
What are the main contents of the revision of the noise pollution prevention and control law? What are the main provisions for solving some prominent noise problems concerned by the people? Liu Haitao, deputy director of the administrative law office of the law working committee of the Standing Committee of the National People’s Congress, interpreted it.
accelerate the solution of the prominent noise problem concerned by the people
Liu Haitao introduced that compared with the environmental noise pollution prevention and control law, the new law establishes the general requirements for noise pollution prevention and control in the new period. The idea of maintaining social harmony, promoting the construction of ecological civilization and sustainable development is embodied in the legislative purpose.
What is noise pollution? Liu Haitao said that the law redefines the connotation of noise pollution. In view of the lack of noise emission standards in some areas that produce noise, on the basis of “exceeding the standard + disturbing the residents”, the phenomenon that “no prevention and control measures are taken according to law” produces noise and interferes with others’ normal life, work and study is defined as noise pollution.
Expand the scope of application of the law, focus on safeguarding the fundamental interests of the overwhelming majority of the people, and extend industrial noise to the noise generated in production activities; Increase the control of noise disturbing behaviors such as urban rail transit, motor vehicle “bombing the street”, taking public transport, raising pets and catering; Extend some urban only provisions to rural areas; Specify environmental vibration control standards and measures.
The law has improved the government’s responsibility, strengthened source prevention and control, strengthened the prevention and control of all kinds of noise pollution, strengthened social co governance, and increased punishment. The law defines the specific amount of fines for illegal acts such as discharging industrial noise beyond the noise emission standard, increases the legal liability of the construction unit for illegal acts such as building noise sensitive buildings that do not meet the requirements of relevant standards for sound insulation design of civil buildings, and increases the types of penalties such as ordering production suspension for rectification.
classified prevention and control of various noise pollution
Noise pollution is generally divided into industrial noise pollution, construction noise pollution, transportation noise pollution and social life noise pollution. Liu Haitao said that the legal classification should strengthen the prevention and control of all kinds of noise pollution.
——With regard to industrial noise, increase the management of pollutant discharge permits, stipulate that it is prohibited to build new industrial enterprises that emit noise in areas where noise sensitive buildings are concentrated.
——With regard to construction noise, increase the cost of noise pollution prevention and control, include it in the project cost, formulate and implement the implementation plan of noise pollution prevention and control, and give priority to the use of low-noise construction technology and equipment.
——With regard to traffic noise, it is added that the formulation of technical specifications for traffic infrastructure engineering shall clarify the requirements for noise pollution prevention and control, and the construction of expressways, urban viaducts, railways and urban rail transit lines passing through areas where noise sensitive buildings are concentrated shall comply with the technical specifications and standards for traffic infrastructure engineering; It is clearly prohibited to drive motor vehicles that are refitted without authorization, such as removing or damaging silencers and installing exhaust pipes, to cause noise pollution by roaring and speeding, and the corresponding legal liabilities shall be stipulated; Supplement and improve the prevention and control of civil aircraft noise pollution.
——With regard to social life noise, supplement and improve the contents of neighborhood noise, entertainment and fitness noise, indoor decoration noise, facilities and equipment noise, business operation noise, sports catering place noise, etc.
targeted prevention and control of social life noise pollution
Liu Haitao said that the law adheres to the people as the center, adheres to the problem orientation, and focuses on the prominent problems in the field of social life noise that the people are generally concerned about.
With regard to the entertainment and fitness noise such as square dance, the law stipulates that when organizing or carrying out entertainment and fitness activities in public places such as streets, squares and parks, they shall abide by the regulations of the public place manager on the activity area, time period and volume, and take effective measures to prevent noise pollution; Do not use audio equipment to produce excessive volume in violation of regulations. It is clear that the managers of public places should reasonably specify the area, time period and volume of entertainment, fitness and other activities, and can take measures such as setting up automatic noise monitoring and display facilities to strengthen management.
Interior decoration noise is also an important reason for disputes between neighbors. According to the law, when carrying out interior decoration activities for residential buildings, shops, office buildings and other buildings that have been completed and delivered for use, the operation time shall be limited in accordance with the provisions, and effective measures shall be taken to prevent and reduce noise pollution.
Some commercial premises repeatedly broadcast advertisements on loudspeakers, causing trouble to the surrounding people. Liu Haitao said that the law prohibits the use of tweeters or other methods of continuously and repeatedly emitting high noise in commercial activities; With regard to other noise generated in commercial activities, business operators shall take effective measures to prevent noise pollution.
(China Fund News)
