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Regulations On Prevention Of Meteorological Disasters

Original Language Title: 气象灾害防御条例

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People's Republic of China promulgated by Decree No. 570

                      The meteorological disaster prevention Ordinance adopted executive meeting of the State Council on January 20, 2010 the 98th, are hereby promulgated and come into force on April 1, 2010.

                       Prime Minister Wen Jiabao

The January 27, 2010

Regulations on prevention of meteorological disasters

Chapter I General provisions

First in order to strengthen the prevention of meteorological disasters, avoiding, mitigating losses caused by meteorological disasters, protect the people's lives and property, according to the People's Republic of China law, this Ordinance is enacted.

Article in the People's Republic of China area and People's Republic of China in other sea areas under the jurisdiction of meteorological disaster prevention activities, shall comply with this regulation.

Meteorological disasters mentioned in these regulations refers to typhoons, heavy rain (snow), cold, strong wind (dust storm), low temperature, high temperature, drought, lightning, hail, Frost and fog, caused by the disaster.

Flood and drought disasters, geological hazards, marine hazards, forest and grassland fires caused by meteorological factors such as derivative, secondary disasters, defense work, apply the provisions of relevant laws and administrative regulations.

Article meteorological disaster prevention work to implement people-oriented, science, Department of Defense joint principles of social participation.

The fourth people's Governments above the county level shall strengthen the work of meteorological disaster prevention organization, direction and coordination, the integration of meteorological disaster prevention into the national economic and social development planning, incorporate the budget requirements.

Fifth the competent Meteorological Department under the State Council and relevant departments under the State Council shall, in accordance with the Division of responsibilities, should work together at the national meteorological disaster prevention work.

Local meteorological departments and relevant departments of the local people's Governments at or above the county level shall be in accordance with the Division of responsibilities, joint prevention of meteorological disasters in their respective administrative regions.

Sixth meteorological disaster prevention work involving more than two administrative regions, the local people's Governments, relevant departments shall establish a joint defense system, strengthen communication and supervision and inspection.

The seventh regional people's Governments and relevant departments at all levels shall take various forms, and outreach to the community knowledge of meteorological disaster prevention, to improve public awareness of disaster prevention and mitigation and capacity. Knowledge of meteorological disaster prevention should be integrated into the school curriculum and extra-curricular education, cultivate and improve students ' ability of meteorological disaster prevention awareness and self-help aid.

Education and meteorology Department of meteorological disaster prevention education to school guidance and supervision.

The eighth State shall encourage scientific and technological research of prevention of meteorological disasters in support of advanced technologies and applications of meteorological disaster prevention, strengthening of international cooperation and exchanges, improve the scientific and technological level of prevention of meteorological disasters.

Article citizens, legal persons and other organizations have an obligation to participate in the work of meteorological disaster prevention and self-help in the meteorological disaster aid.

Work of meteorological disaster prevention organizations and individuals who made outstanding contributions to, and recognize and reward in accordance with the relevant provisions of the State.

Chapter II prevention

Tenth local people's Governments at or above the county level shall organize meteorological departments on meteorological disasters that occurred within their respective administrative areas type, frequency, intensity and losses caused by meteorological disasters, such as the census, establishing database of meteorological disasters, according to meteorological disasters meteorological disaster risk assessment of the types and distribution of meteorological disasters and meteorology disaster risk assessment, meteorological disaster risk zone established.

The 11th article the competent Meteorological Department under the State Council shall, jointly with relevant departments of the State Council, according to the meteorology disaster risk assessment results and meteorological disaster risk of regional, national meteorological disaster prevention plans, after approval by the State organization.

Local people's Governments at or above the county level shall organize relevant departments, according to meteorological disaster prevention plan of the people's Government at a higher level, with local characteristics of meteorological disasters, preparation of the administrative region of meteorological disaster prevention planning.

12th meteorological disaster prevention planning should include the development of meteorological disasters and the situation, Defense principles and objectives, prone and vulnerable time, infrastructure construction and management as well as defensive measures, and so on.

The 13th State Council relevant departments and local people's Governments at or above the county level shall be in accordance with meteorological disaster prevention planning, strengthen the construction of meteorological disaster prevention facilities, prevention of meteorological disasters.

14th State Council departments concerned power, communications and other infrastructure construction standards, should take into account the impact of meteorological disasters.

15th article the competent Meteorological Department under the State Council shall, jointly with relevant departments of the State Council, according to the needs of meteorological disaster prevention, preparation of national meteorological disaster emergency plan, approved by the State Council.

Local people's Governments at or above the county level, relevant departments should be based on meteorological disaster prevention planning, combined with the local characteristics of meteorological disasters and potential hazards, organize emergency response plan for meteorological disasters in their respective administrative areas, the immediate upper level people's Governments and relevant departments for the record.

16th meteorological disaster emergency response plan should include contingency plans to start standard and emergency command system and responsibility, prevention and early warning mechanisms, contingency measures and safeguard measures, and so on. 17th local people's Governments at all levels should be based on local characteristics of meteorological disasters, organized weather disaster drill, emergency rescue capabilities.

Neighbourhood or village Committee in local people's Governments, enterprises and institutions shall assist meteorological disaster prevention knowledge of meteorological disasters and emergency drills.

18th wind (dust storm), Tornado-prone regions of local people's Governments, relevant departments should strengthen the construction of shelter and emergency shelters, and regularly organize building (structure) the supervision and inspection of the windbreak hedge.

Local people's Governments at various levels in the Typhoon-prone region, relevant departments should strengthen seawalls, dikes, Haven, shelter, Haven, emergency shelter construction, and according to the Typhoon ready for transfer work.

19th a local people's Government at various levels, departments and units should be based on local rainfall conditions, check regularly organizes a variety of drainage facilities, dredge rivers and drainage network in a timely manner, reinforce dilapidated reservoirs, strengthening geological disaster-prone areas and important section of levee inspections.

20th local people's Governments at various levels, departments and units should be based on the local occurrence of snow, ice, strengthening inspections of electricity, communication lines, traffic, snow (ice) clear, line maintenance and other preparatory work.

Relevant units and individuals shall be in accordance with local snow conditions, completes the transfer of dangerous and old houses hardening, grain reserves, livestock and other preparatory work.

21st local people's Governments at all levels, the relevant departments and units should be at high temperature before the onset of power supply, water supply and preparation of sunstroke prevention medicines supply and adjusting working time.

22nd area prone to fog and haze of local people's Governments, departments and units should strengthen the airports, ports, highways, waterways, fisheries, and other important places and roads of fog and haze monitoring facilities, traffic control, scheduling and protective preparations.

23rd building (structure), location and installation of lightning protection lightning protection devices shall comply with the relevant national standard requirements. For building, rebuilding, expansion of building (structure) review design documents, design of lightning protection device should be seeking the views of the competent meteorological; for building, rebuilding, expansion of building (structure) for acceptance, which should include acceptance of lightning protection device and with the participation of the competent meteorological.

Lightning-prone area in the mine area, tourist attractions or use the building (structure), facilities will need to separately install lightning protection devices, lightning protection design of auditing and acceptance by local meteorological departments at and above the county level are responsible for.

24th specializes in lightning protection design, construction and detection units should meet the following conditions, access to the competent Meteorological Department under the State Council or provincial, autonomous region, municipality directly under the qualification certificate by the competent Meteorological Department:

(A) it has legal personality;

(B) have a fixed office space and necessary equipment and facilities;

(C) appropriate professional and technical personnel;

(D) a complete technical and quality management system;

(V) other conditions stipulated by the competent Meteorological Department under the State Council. Power, communications and lightning protection devices detection unit of qualification certificates by the competent Meteorological Department under the State Council agencies and power or communications departments of the State Council jointly issued by the State Council.

Shall obtain the qualification of construction design, construction units, can be approved by the qualification within the range of lightning protection device in construction engineering design and construction.

25th local governments, relevant departments shall, according to the local meteorological disaster situation, strengthening rural areas of meteorological disaster prevention, monitoring, communication and other infrastructure, and adopt comprehensive measures, prevention of meteorological disasters in rural areas.

26th meteorological departments at various levels should be the people's Governments at the corresponding level of leadership and coordination, according to organization weather modification work, reducing the impact of meteorological disasters.

27th relevant departments under the people's Governments above the county level shall state major construction projects, major regional economic development projects and large-scale exploitation and utilization of climate resources such as solar, wind projects, and urban and rural planning should be considered climatic feasibility and risks of meteorological disasters, avoiding, mitigating the impact of meteorological disasters.

Chapter III monitoring, forecasting and early warning

28th local people's Governments at or above the county level should according to the needs of prevention of meteorological disasters, building emergency mobile meteorological disaster monitoring facilities, improve the emergency monitoring teams, improve the meteorological disaster monitor system.

Integration of the people's Governments above the county level shall improve the meteorological disaster information network to realize information resources sharing.

29th meteorological departments at various levels and the weather station should improve forecasting of severe weather systems, improve the accuracy of severe weather forecasting, warning and timeliness.

The competent meteorological departments at different levels of meteorological station, other relevant Department of meteorological stations and with severe weather monitoring, forecasting related units should be according to the needs of prevention of meteorological disasters, severe weather monitoring work carried out in accordance with the duties, and inform the competent meteorological and related disaster prevention and Rescue Department provides rainfall, water regime, customs, drought monitoring information.

Meteorological departments at all levels should be carried out according to the needs of meteorological disaster prevention organization trans-regional, cross-departmental joint monitoring of meteorological disasters and densely populated areas, agricultural areas, geological disaster-prone areas, major river basins, forests, pastures, fisheries as a key area of meteorological disaster monitor.

30th the meteorological station of the competent meteorological departments at various levels shall, in accordance with responsibilities to the society issuing severe weather warning and meteorological disaster warning signals, and informed to the disaster prevention and rescue departments; other organizations or individuals may issue to the community disaster weather warning and meteorological disaster warning signals.

Type and level of meteorological disaster warning signals, shall be prescribed by the competent Meteorological Department under the State Council.

31st on radio, television, newspapers, to the social, telecommunication and other media should be timely advertise the competent meteorological departments or local meteorological offices and stations to provide timely severe weather alerts, weather disaster early warning signals, and according to the local meteorological station timely sowing, spots or published.

32nd local people's Governments at or above the county level should be established and improved meteorological disaster warning information release system, and according to the needs of prevention of meteorological disasters, transportation hubs, public places and other densely populated areas and meteorological disaster-prone regions to establish disaster weather warning, meteorological early warning signal and broadcast facilities, and ensure the normal operation of the facility.

The township (town) people's Government, the subdistrict office personnel should be identified and assisted meteorological departments, civil affairs departments to carry out meteorological disaster prevention awareness, emergency contacts, information delivery, disaster hazard reporting and investigation work.

33rd meteorological departments at various levels should do a solar storm, Geospace storms space weather monitoring, forecasting and early warning of disasters.

The fourth chapter emergency

34th the meteorological station of the competent meteorological departments at various levels shall be submitted to the local government and relevant departments report on severe weather forecasting, warning and meteorological disaster warning information.

Local people's Governments at or above the county level, relevant departments shall, in accordance with severe weather alerts, weather warnings and meteorological hazards emergency plan standard, starts the appropriate emergency decisions made in a timely manner, to the public, and report to the previous Government, if necessary, can leapfrog report, and to the local military district people's Government and the possible hazards of briefing.

Across provinces, autonomous regions and municipalities directly under a wide range of meteorological disasters and cause great harm, the State Council decided to launch a national meteorological disaster contingency plans.

Local people's Governments at or above the county level article 35th according to severe weather impact, strength, will likely cause casualties or major regional provisional determination for meteorological disaster risk of property loss, and shall be published in a timely manner.

Article 36th and above the county level people's Governments, relevant departments should be based on meteorological disaster situation, in accordance with the People's Republic of China emergency response Act to take emergency measures when the urgency of the situation, mobilization, transfer, evacuation disaster threats to organizations, self-help and mutual rescue.

The meteorological disaster on local people's Governments and relevant departments to take emergency measures, and no unit or individual shall cooperate in executing the will not affect the meteorological disaster relief activities.

37th meteorological disaster emergency plan started, the meteorological station meteorological departments at various levels shall organize belongs to strengthen meteorological disaster monitoring and assessment, enabling emergency mobile facilities for meteorological disaster monitoring, meteorological services, in time to level people's Government, authorities reported disastrous weather conditions, trends and to assess the results, for the defense of the people's Governments at the corresponding level organizations provide the basis of meteorological disasters.

38th relevant departments of the people's Governments above the county level shall, in accordance with their respective responsibilities, to do the emergency work.

Civil affairs departments should set up shelters and relief supplies, quake relief work and disaster duties in accordance with the provisions of the verification, release disaster information.

Health authorities health emergencies such as medical treatment, epidemic prevention work should be organized.

Transport, railway departments should give priority to transport relief materials, equipment, medicine, food, repair the damaged road traffic facilities in a timely manner.

Department of housing and urban-rural construction should be guaranteed water supply, gas supply, heating and other municipal utilities safe operation.

Electricity and communications departments should organize emergency electric power, communications guarantee work.

Land and resources departments should organize geological disaster monitoring and prevention efforts.

Agricultural departments should organize agricultural disaster relief and agricultural production technologies to guide our work.

Water Conservancy departments should coordinate major rivers and reservoirs water allocation and organization to carry out flood control and drought relief.

Public security departments should be responsible for the maintenance of public order and traffic order in the affected areas, and assisted in organizing people in the disaster areas were evacuated.

39th meteorology, water resources, land and natural resources, agriculture, forestry, marine and other departments should be based on meteorological disasters, derivative and secondary disaster caused by meteorological factors in strengthening the joint monitoring and appropriate contingency plans and carry out emergency work.

40th media such as radio, television, newspapers and telecommunications should be timely and accurate dissemination of meteorological disaster to society, development and emergency situations.

41st people's Government above the county level and their departments concerned shall provide the competent meteorological with the hazardous weather, disaster information on development trends and developments, adjusted in accordance with the relevant provisions of meteorological disaster level meteorological disaster emergency measures lifted or made decisions.

42nd meteorological disaster emergency work after the local people's Governments at various levels shall organize the relevant departments to investigate the losses caused by meteorological disasters, and develop rehabilitation plans, and higher people's Governments report.

The fifth chapter legal liability

The 43rd article violates the provisions of this Ordinance, local meteorological departments at all levels of people's Governments at all levels, and other relevant departments and their staff, have one of the following acts, by its superior organ or supervisory organs shall be ordered to correct serious cases, 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) failing to prepare plans or meteorological disasters of meteorological disaster prevention emergency plans;

(B) failing to take meteorological disaster prevention measures;

(Iii) issued to units that do not meet the conditions and lightning protection design, construction, testing qualification certificate;

(D) concealment, false report or due to negligence caused a major omission, misstatement of disaster weather warning and meteorological early warning signals;

(E) has failed to take timely meteorological disaster emergency measures;

(F) failing to perform their duties in other acts.

44th in violation of the provisions of this Ordinance, any of the following acts, by the relevant departments of the local people's Governments at or above the county level shall order rectification activities contravening public security management, by the public security organs shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) failing to take meteorological disaster prevention measures;

(B) is not subject to the local government and related departments of meteorological disaster emergency decisions, orders, or do not tie in with the implementation of meteorological disaster emergency measures taken in accordance with the law.

The 45th in violation of the provisions of this Ordinance, any of the following acts, by the competent meteorological departments above the county level bodies or other relevant departments according to the permission shall be ordered to desist from the illegal act, fines of between 50,000 yuan and 100,000 Yuan; has illegally obtained, confiscation of illegal income cause damage to others shall bear liability for:

(A) without qualification or beyond the scope of the qualification engaged in lightning protection device design, construction and testing;

(B) in lightning protection design, construction and detection of fraud.

46th in violation of the provisions of this Ordinance, any of the following acts, the meteorological authorities above the county level shall order rectification, given a warning and may be fined not more than 50,000 yuan; activities contravening public security management, the public security organs shall be punished:

(A) unauthorized society issued a severe weather warning and meteorological hazards warning signal;

(B) radio, television, telecommunications, newspapers and other media are not in accordance with the requirements advertised, publish severe weather warning and meteorological disaster warning signals;

(C) disseminating false or through illegal channels to get severe weather information and weather disaster.

The sixth chapter supplementary articles

47th meteorological disaster prevention activities of the Chinese people's Liberation Army, in accordance with the regulations of the Central Military Commission. 48th article of the regulations come into force on April 1, 2010.