On December 24, 2021, the 32nd meeting of the Standing Committee of the 13th National People’s Congress deliberated and passed the “Noise Pollution Prevention and Control Law of the People’s Republic of China” (hereinafter referred to as the “Noise Law”), which will come into force on June 5, 2022.
Expanding the scope of application of the law the previous Law of the People’s Republic of China on the Prevention and Control of Environmental Noise Pollution has been implemented since 1997, with a total of 64 articles in eight chapters. The revised “Noise Pollution Prevention and Control Law of the People’s Republic of China” deleted the word “environment” in the original name of the law.
Sun Youhai, vice-chairman of the Environmental Resources Law Research Association of the China Law Society, dean of the Tianjin University Law School, and a consultant expert on the drafting of the Noise Law, said: “Because it is man-made noise, not natural environment noise, that needs to be prevented and controlled for disturbing residents, the new noise law clearly defines the law. The object of regulation is man-made noise, which is conducive to focusing on the behavior of man-made noise pollution. The new noise law also extends industrial noise to noise generated in production activities, increases the control of industrial equipment that may cause noise pollution, and clarifies environmental vibration. Control standards and measures requirements, etc.”
Sun Youhai said that the “Noise Law” redefines the connotation of noise pollution, and clarifies that “noise pollution refers to the phenomenon that exceeds the noise emission standard or fails to take prevention and control measures according to law to generate noise and interfere with the normal life, work and study of others”, so as to solve some problems. There is a problem of regulatory gaps in existing laws regarding noise pollution. The new noise law is aimed at the cases where there are no noise emission standards in some areas that generate noise. On the basis of “exceeding the standard + disturbing the people”, the phenomenon of “not taking prevention and control measures according to law” that interferes with the normal life, work and study of others is defined as noise. pollution, the scope of application of the law has been expanded in accordance with the law.
Focus on the problem of noise nuisance
When it comes to the implementation of a law, the first question that ordinary people care about is “how does this affect my life?” Focusing on solving the problem of noise disturbance is a highlight of the Noise Law.
The “Noise Law” has detailed regulations on the prevention and control of industrial noise pollution, the prevention and control of construction noise pollution, the prevention and control of traffic and transportation noise pollution, and the prevention and control of noise pollution in social life in chapters 4, 5, 6, and 7, respectively.
Regarding the issue of square-dancing noise disturbing the people, which is of great concern, Article 64 of the Noise Law stipulates: “It is prohibited to use high-pitched broadcasting speakers in areas where noise-sensitive buildings are concentrated, except in emergency situations and special circumstances stipulated by the local people’s government. To organize or carry out entertainment, fitness and other activities in public places such as streets, squares, parks, etc., the regulations on the activity area, time period, volume, etc. of the public place administrator shall be observed, and effective measures shall be taken to prevent noise pollution; Loud volume. Managers of public places should reasonably stipulate the area, time period, and volume of activities such as entertainment and fitness, and may take measures such as setting up automatic noise monitoring and display facilities to strengthen management.”
Regarding the problem of noise nuisance in commercial places such as bars, the “Noise Law” clearly requires operators of cultural entertainment, sports, catering and other places to take effective measures to prevent and reduce noise pollution, and prohibit the use of loudspeakers in commercial business activities., or other methods of advertising that consistently and repeatedly emit high levels of noise.
Regarding the issue of the roar of motor vehicles “bombing the streets” and disturbing the people, Article 47 of the Noise Law stipulates: “The mufflers and horns of motor vehicles shall comply with the state regulations. It is prohibited to drive any vehicles that remove or damage the mufflers, install exhaust pipes, etc. without authorization. Motor vehicles cause noise pollution by roaring, speeding, etc. When using motor vehicle audio equipment, the volume should be controlled to prevent noise pollution. Motor vehicles should be repaired and maintained to maintain good performance and prevent noise pollution.”
In addition, for the upcoming college entrance examination, Article 33 of the Noise Law stipulates that during special events such as the entrance examination for secondary schools and the unified entrance examination for colleges and universities, the local people’s government or the department designated by it may cause noise impact. activities, make time and area restrictions, and announce to the society in advance.
Strengthen the prevention and control of pollution sources
Lin Canling, a professor of international environmental law at China University of Political Science and Law, believes that in the past, in the control of noise pollution, there was a problem of focusing on end-point control over source prevention and control.
The “Noise Law” has added requirements for delimiting areas where noise-sensitive buildings are concentrated; it clarifies that planning environmental impact assessment documents should include noise pollution prevention and control; it improves the product noise limit system, for industrial equipment that may cause noise pollution, For construction machinery and other products, noise limits are required to be specified in their technical specifications or product quality standards; it is clarified that the construction of noise-sensitive buildings should comply with the relevant standards for sound insulation design of civil buildings; the planning and prevention and control of industrial noise and traffic noise have been added. Requirements, new environmental vibration control standards and measures requirements. Promoting Diversity and Common Governance.
“According to the “Noise Law”, any unit or individual has the obligation to protect the acoustic environment, and at the same time has the right to obtain information on the acoustic environment, participate in and supervise the prevention and control of noise pollution. Senior Judge Wu Sheng said.
The Noise Law establishes the principle of social co-governance, adds provisions on environmental education and public participation; adds provisions on the creation of quiet areas to encourage the creation of quiet areas such as quiet communities and quiet carriages; adds provisions on self-governance to give full play to grassroots people The role of self-governing organizations stipulates that grass-roots self-governing mass self-governing organizations should assist local people’s governments and their relevant departments to do a good job in noise pollution prevention and control, and guide owners’ committees, property service providers, and owners to agree on their own property management areas by formulating management regulations or other forms. According to the requirements of noise pollution prevention and control, grass-roots mass autonomous organizations, owners’ committees, and property service providers are authorized to discourage and mediate noise disturbances in social life.
Sun Youhai believes that the “Noise Law” incorporates grass-roots mass autonomous organizations, social organizations, public place managers, owners’ committees, property service personnel, volunteers and other subjects into the main bodies of multi-dispute resolution, and encourages publicity and education on the rule of law, which is conducive to promoting A new pattern of pollution prevention and control with multiple co-governance will be formed. “The people’s courts should strive to provide strong services and guarantees for the battle against noise pollution, make due contributions to the implementation of the Noise Law, turn ‘laws on paper’ into ‘laws in action’, and use the rule of law Legal weapons protect a harmonious and peaceful homeland.” Wu Sheng said.
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