Meteorological Facilities And Meteorological Observation Environmental Protection Regulations

Original Language Title: 气象设施和气象探测环境保护条例

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People's Republic of China promulgated by Decree No. 623

                         
The meteorological facilities of the meteorological observation environmental protection regulations and Executive meeting of the State Council on August 22, 2012 No. 214 through, promulgated, implemented on December 1, 2012.
                              
Prime Minister Wen Jiabao


The August 29, 2012
  Meteorological facilities and meteorological observation environmental protection regulations

First in order to protect the meteorological facilities and meteorological environment, ensure the representation of meteorological information, accuracy, continuity and comparability, in accordance with the People's Republic of China Meteorological law, this Ordinance is enacted.

Meteorological facilities referred to in article II of this Ordinance are include meteorological observation facilities, dedicated to meteorological information transmission facilities and large meteorological equipment.

Meteorological environment mentioned in these regulations refers to avoid various interference, ensure accurate meteorological observation facilities necessary for access to meteorological information environment consisting of the minimum distance.

Meteorological facilities and meteorological observation environmental protection classification in article protection, hierarchical management principles.

Article fourth local people's Governments at or above the county level shall strengthen the meteorological facilities and organizational leadership and co-ordination of the meteorological observation environmental protection work, meteorological facilities and meteorological observation environmental protection requirements into the budget. Fifth the competent Meteorological Department under the State Council is responsible for the national meteorological facilities and meteorological observation environmental protection work.

Local meteorological departments at various levels in the higher level meteorological departments and under the leadership of the people's Governments at the corresponding level, responsible for the administration of meteorological facilities and meteorological observation environmental protection work.

Equipped with meteorological stations and other relevant departments of the State Council of province, autonomous region, municipality of other relevant departments shall do the Department of meteorological facilities and meteorological observation environmental protection work, and accept the guidance and supervision of the management of meteorological departments at the same level.

Development and reform, land and natural resources, urban and rural planning, radio management, environmental protection and other relevant departments according to the Division of responsibilities is responsible for the meteorological facilities and meteorological observation environmental protection work.

Sixth article of any units and individuals have an obligation to protect the meteorological facilities and meteorological environment, and the right to undermine the conduct of meteorological facilities and environs for meteorological reports.

Seventh regional meteorological departments at all levels shall, in conjunction with town and country planning, land and resources Department of meteorological facilities and meteorological observation environmental protection planning, reported to the people's Governments at the corresponding level for approval according to law into urban and rural planning. Eighth meteorological facilities are basic public service facilities.

Local people's Governments at or above the county level shall be in accordance with the requirements of meteorological facilities construction planning, arranging the construction of meteorological facilities, guarantees meteorological facilities smoothly.

Nineth meteorological departments at various levels shall, in accordance with the relevant quality standards and technical requirements are equipped with meteorological facilities, setting up the necessary protective devices, establish and improve the safety management system.

Local meteorological departments at all levels shall, in accordance with the competent Meteorological Department under the State Council, in the vicinity of meteorological facilities prominently established protection flags, indicating the protection requirements.

Tenth prohibits the following acts against meteorological facilities:

(A) appropriate meteorological facilities, damage, or move or meteorological facilities of embezzlement land;

(B) endanger the safety of meteorological facilities at the meteorological facilities around blasting, drilling, quarrying, sand, soil and other activities;

(C) appropriate or interfere with a lawfully established meteorological station (station) frequency;

(D) setting affects large-scale meteorological equipment function sources of interference;

(E) the laws, administrative regulations and other hazards of meteorological facilities prescribed by the competent Meteorological Department under the State Council.

11th, national benchmark climate atmospheric background station station, national weather station, national weather stations, upper air meteorological observatory, weather radar station, meteorological satellite ground stations, regional meteorological station meteorological station meteorological facilities and separate the environs shall be protected.

12th prohibits the following acts against atmospheric background station environs:

(A) in the observation field 30,000 meters in the environs surrounding building, expanding urban, industrial and mining areas, or in the environs over fixed routes;

(B) in the observation field 10,000 meters within the landfill, sewage and other sources of interference;

(C) in the observation field within 1000 meters the construction of buildings and structures.

13th article prohibited the following benchmarks against the State weather station basic weather station, national environmental actions:

(A) at the national baseline climate observation stations around 2000 meters environs or national weather station built in the environs around 1000 meters height over a distance from the observation field 1/10 buildings and structures;

(B) in the observation field 500 meters within the landfill, sewage and other sources of interference;

(C) in the observation field within 200 metres around the construction of railways;

(D) in the observation field dug ponds within around 100 metres;

(E) in the observation field within 50 meters to build roads, plant height of more than 1 m trees and crops, and so on.

14th prohibits the following acts against national weather station environs:

(A) the observation field construction of over 800 meters within the environs from the observation field distance 1/8 of buildings and structures;

(B) in the observation field set within 200 metres around garbage dumps, sewage and other sources of interference;

(C) in the observation field railway within 100 meters;

(D) in the observation field dug pond within 50 meters;

(E) observations within 30 meters to build roads, plant height of more than 1 m trees and crops, and so on.

15th upper air weather station, weather radar station, meteorological satellite ground stations, regional meteorological observatory and meteorological observation facilities established by detection of environmental protection alone, should strictly enforce the protection scope and requirements set by the State.

Scope of the protection provided for in the preceding paragraph and requirements published by the competent Meteorological Department under the State Council, involving management of radio frequencies, the competent Meteorological Department under the State Council should ask the radio Management Department of the State Council.

16th local meteorological departments at various levels shall report the meteorological observation environmental protection requirements within their respective administrative areas level people's Governments and the competent Meteorological Department at a higher level, and copied to the same level of development and reform, land and natural resources, urban and rural planning, housing construction, radio management, environmental protection and other sectors.

Meteorological observation environmental protection requirements are not met, buildings, structures, sources of interference and other, local meteorological departments at all levels should be based on actual governance programmes to the relevant Department, the people's Governments at the corresponding level for approval and implementation. 17th in the meteorological station in the environs, renovation or expansion projects, should avoid harming the meteorological environment; indeed unavoidable, the construction unit shall be filed with the competent Meteorological Department under the State Council or provincial, autonomous region, municipality directly under the competent meteorological reports and propose appropriate remedial measures, the competent Meteorological Department under the State Council or provincial meteorological departments, autonomous regions and municipalities directly under the written consent.

Without the written consent of the competent meteorological or failing to implement remedial measures, the departments concerned shall not approve its construction.

In separate meteorological facilities within the environs of new construction, renovation or expansion projects, the construction unit shall report the local weather authorities in advance, and take the necessary engineering and technical measures as required.

18th weather station should be kept stable for a long time, without authorization, no unit or individual may migrate meteorological station.

For national focus engineering construction or city (town) general planning changes, does needed Migration Observatory station of, units or local Government should to province, and autonomous regions, and municipalities meteorological competent institutions proposed application, by province, and autonomous regions, and municipalities meteorological competent institutions Organization experts on intends moved new of scientific, and rationality for assessment, meet meteorological facilities and meteorological detection environmental protection requirements of, in into city (town) control sex detailed planning Hou, according to first built station Hou migration of principles for migration.

Application migration atmospheric background station, national reference climate stations, national weather station, by the acceptance of the application of the province, autonomous regions and municipalities directly under the meteorological departments signed opinions shall be communicated to the competent Meteorological Department under the State Council for approval application for migrating other meteorological stations, meteorological departments from provinces, autonomous regions and municipalities directly under the approval and submitted to the competent Meteorological Department under the State Council for the record.

Meteorological station transfer and construction costs borne by the employer. Article 19th station environs was severely damaged, losing control and recovery possible, the competent Meteorological Department under the State Council or provincial, autonomous region, municipality directly under the meteorological departments in accordance with responsibilities rights and principle of the station after the first migration, decided to relocate the station; the station land for local people's Governments shall ensure the meteorological station, where migration and migration, construction costs to be borne.

Local people's Governments to assume after the migration, capital cost, can contribute to the destruction of the environs of recourse against the person responsible.

20th transport meteorological stations shall, in accordance with the competent Meteorological Department under the State Council, between the new and old for at least 1 year of comparative observations.

Migration station approved meteorological departments, determine migration of qualified acceptance, was officially put into use, uses the site shall not be changed.

21st due to construction or meteorological observation environmental governance need to migrate separate meteorological observation facilities shall be subject to agreed with the establishment of the meteorological observation facilities and technical requirements in accordance with the competent Meteorological Department under the State Council for rehabilitation. 22nd meteorological departments at various levels shall strengthen the meteorological facilities and environs for meteorological routine inspection and supervision and inspection.

Meteorological departments at all levels to take the following measures:

(A) requested by units or individuals for examination the relevant documents, licenses and materials;

(B) requesting the unit or individual under inspection to note on this issue;

(C) enter the scene investigation and evidence collection. Meteorological departments at all levels should be found in the supervision and inspection by other departments investigated illegal activities, shall inform the relevant authorities for investigation.

Authorities failed to investigate, meteorological departments at all levels to direct communications, reports, relevant local people's Government instructed the relevant authorities for investigation.
23rd meteorological departments at various levels, as well as development and reform, land and natural resources, urban and rural planning, wireless management, environmental protection and other relevant departments and who, in violation of the provisions of this Ordinance, any of the following acts, by the people's Governments at the same level or higher authorities ordered corrective action and informed criticism; directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated in accordance with law:

(A) unauthorized transfer station;

(B) unauthorized approval in the meteorological observation environmental protection within the waste dumps, sewage outlets, radio stations (stations) and other sources of interference, as well as new construction, alteration, expansion construction hazards of meteorological environment;

(C) other abuse their powers, neglect their duties, who fails to observe the weather facilities and meteorological observation environmental protection responsibilities. 24th article violation this Ordinance provides, against meteorological facilities of, by meteorological competent institutions ordered stop violations, deadline recovery undisturbed or take other remedy measures; late refused to recovery undisturbed or take other remedy measures of, by meteorological competent institutions law application Court forced implementation, and on illegal units at 10,000 yuan above 50,000 yuan following fine, on illegal personal at 100 Yuan above 1000 Yuan following fine; caused damage of, law bear compensation responsibility; constitute violation security management behavior of,

By the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

Appropriate or interfere with a lawfully established meteorological station (station), frequency, penalty shall be imposed in accordance with the relevant laws and regulations of the radio management.

25th article violation this Ordinance provides, against meteorological detection environment of, by meteorological competent institutions ordered stop violations, deadline demolition or recovery undisturbed, plot serious of, on illegal units at 20,000 yuan above 50,000 yuan following fine, on illegal personal at 200 Yuan above 5000 Yuan following fine; late refused to demolition or recovery undisturbed of, by meteorological competent institutions law application Court forced implementation; caused damage of, law bear compensation responsibility.

In the meteorological observation environmental protection within the illegal approval of land or new buildings or other structures in the illegal occupation of land, according to urban and rural planning and land management, and other related laws and regulations are punishable. 26th article of the regulations come into force on December 1, 2012.

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