大亚湾核电厂周围限制区安全保障与环境管理条例

颁布日期：19941102 　实施日期：19941102 　颁布单位：深圳市人大常委会

Regulations on the Safety Guarantee and Environmental Management within the Restricted Area around the Nuclear Power Plant of Daya Bay

Public Notice of the Standing Committee of the Shenzhen Municipal People‘s Congress （No. 32）

（Adopted at the Twenty-Sixth Meeting of the Standing Committee of the First Shenzhen Municipal People‘s Congress on November 2， 1994）

Article 1 In order to protect the environment and public safety of the restricted area around the Nuclear Power Plant of Daya Bay （hereinafter referred to as “the nuclear power plant”）， to guarantee the safe operation of the nuclear power plant， and to provide the guidance for an orderly development of economy and society in the surrounding restricted area， these regulations are hereby formulated in accordance with the related law and administrative regulations of the state.

Article 2 The restricted area around the nuclear power plant refers to the area which has the nuclear reactor as its center and 5，000 meters as its radius. In this area， the mechanic increase in population shall be restricted， the projects of new construction and extension shall be guided or restricted according to these regulations.

Article 3 These regulations shall be implemented under unified organization of the Shenzhen People‘s Government （hereinafter referred to as the municipal government）。

Article 4 All the state agencies， enterprises and institutions， social organizations， and individual citizens within the nuclear power plant and the surrounding restricted area or related to the safety guarantee and environmental management of the restricted area shall comply with these regulations.

Article 5 The nuclear power plant shall be operated strictly according to the operating instructions to guarantee safe operation.

The nuclear power plant shall have safety measures to protect its working personnel， the public and environment around the plant from nuclear radiation exceeding the limits set by the state and from radioactive pollution.

Article 6 The nuclear power plant shall set up an isolated belt and eye-catching signs in the plant area. Persons who are not affiliated with the plant shall be prohibited from entering the plant without authorization.

The Municipal government shall set up signs along the border of the restricted area.

Article 7 The nuclear power plant shall regularly monitor solid waste and radioactive discharges of gas and liquid. The items of discharge monitoring shall include the total volume of a discharge， the density of radioactive materials in a discharge， and analysis of the density of major radioactive nuclear elements， etc. When a monitoring report is submitted to the related provincial department， a copy of the report shall be presented to the Shenzhen municipal department of environmental protection.

Article 8 The nuclear power plant shall actively cooperate with the Office of the Municipal Committee of Civilian Defense （hereinafter referred to as the municipal office of civilian defense） in manpower and resources for education among the public nearby through television， broadcasting， newspapers， and training to popularize the knowledge of nuclear safety， radiation prevention and protection， and emergency measures to deal with nuclear accidents.

Article 9 The emergency management of a nuclear accident both within and without the nuclear power plant shall be handled in accordance with the state-issued Regulations on the Emergency Management of Nuclear Accidents of Nuclear Power Plants.

Article 10 The nuclear power plant shall pay for the reserve fund for the emergency without the plant and the maintenance fund for the operation of nuclear emergency facilities in compliance with the state rules on emergency management of nuclear accidents and in accordance with the fund ratio set by the state in order to build up and maintain the facilities for nuclear emergency management.

The above-mentioned funds shall be used， as the first priority， for the emergency preparation without the plant such as roads， communication， protective equipments， warning system， etc. in the district and city where the nuclear power plant is located.

Article 11 The nuclear power plant shall actively support and assist the restricted area in its economic and social development， take the initiative in the establishment of　a good relationship with the residents of the restricted area.

The residents of the restricted area shall support the development of nuclear power， help the nuclear power plant in safety and environmental protection within the restricted area.

The municipal， district governments shall direct and coordinate the arrangements made by the nuclear power plant to support the economic development in the restricted area.

Article 12 If an accident which may do damage to the public safety and environment occurs when the nuclear power plant is operating， the location and cause of the accident shall be quickly found out and promptly dealt with in order to control the release of radioactive materials to the surrounding area. A report shall be made to both the responsible department for nuclear emergency management and the department of environmental protection of the municipal government when the related departments at the higher level are being informed at the same time， and effective measures shall be taken， according to the related law and regulations of the state， to control and reduce the damage of the accident.

Article 13 The municipal government shall work out a plan for the restricted area‘s population， economic and social development in one year after these regulations take effect， report it to the Standing Committee of the Municipal People’s Congress， and put the plan into practice after its approval.

It is in making this development plan that the safe operation and environmental protection shall be given consideration， the implementation of the emergency plan in case of nuclear accident shall be ensured， and there shall be the unity of environmental effects， economic effects and social effects.

Article 14 Based on the needs of economic and social development， the restricted area may accept permanent immigrant population or temporary workers from other places with the responsible department‘s approval， but no more than the total number of controlled population fixed by the plan for the restricted area’s development.

Article 15 It shall be forbidden to have projects within the restricted area which may become a threat to the safety of the nuclear power plant such as oil refineries， chemical plants， oil depots， quarries using explosives in operation， warehouses of combustibles and explosives， etc.

Article 16 Within the restricted area， it shall be encouraged to develop aquaculture， cultivation， tourism， and tertiary industry suitable to the local conditions. Policy preferences shall be given to the projects which are encouraged for development. As for specific preferential policies， they shall be made public by the municipal government in one year after the promulgation of these regulations.

Article 17 Within the restricted area， it shall be permitted to develop other non-labor-intensive and non-seriously-polluting projects which are in line with the plan for the restricted area‘s development and not forbidden by Article 15 of these regulations.

When applying for approval， the applicant of a project shall submit the following documents in addition to the regular documents and materials presented according to the related rules：

（1）

the document of the municipal department of environmental protection on the approval of the project；

（2）

the document of the district people‘s government in the nuclear power plant’s locality on the approval of the project.

Article 18 The ships loaded with petroleum， liquefied natural gas， explosives，

and combustible， detonable， erosive， toxic chemicals， etc.， which may endanger the safe operation of the nuclear power plant， shall not sail in the western navigation channel of Daya Bay. The department of navigation channel administration shall install appropriate signs on the channel. The department of maritime safety supervision shall be responsible for supervision of the implementation of these regulations.

The western navigation channel referred to in the above section is the channel running from south to north and located west to the Central Islands within Daya Bay.

Article 19 The municipal department of environmental protection shall have the authority to inspect and supervise the environmental protection outside the nuclear power plant. The units under inspection shall make truthful reports and provide materials which are needed. The municipal department of environmental protection shall keep the technological and business secrets of the inspected units.

The municipal department of environmental protection shall provide the　information of nuclear pollution for the municipal government without delay， and the municipal government may issue a public notice on environmental impact if it is necessary.

Article 20 In case of violation of Article 14 of these regulations by hiring people for labor service or recruiting working personnel from other places to move in the restricted area without authorization， the responsible department shall order sending these people back by a deadline and impose a fine of 300 RMB per hired person on the unit engaging in employment without authorization.

Article 21 In case of violation of Article 15 of these regulations by setting up a forbidden project within the restricted area， the responsible department shall order stopping construction， stopping operation， closing or dismantling by a deadline； if the circumstances are serious， a fine of more than 5，000 but less than 50，000 RMB shall be imposed.

Article 22 In case of violation of Article 17 of these regulations by setting up a labor-intensive or seriously polluting project within the restricted area which is not in line with the plan for the restricted area‘s development， the responsible department shall order rectifying， bringing under control or stopping operation by a deadline； if the circumstances are serious， a fine of more than 5，000 but less than 30，000 RMB shall be imposed.

Article 23 In case of violation of Article 18 of these regulations by shipping forbidden goods without authorization in the western navigation channel of Daya Bay， the department of maritime safety supervision shall impose a punishment according the related law and regulations.

Article 24 If the nuclear power plant has done damage to the public nearby and surrounding environment by polluting in its operation， it shall be held liable for compensation according to the related law and regulations of the state.

Article 25 If the party concerned has refused to accept the decision of administrative sanction referred to in Articles 20， 21， 22， 23， 24， an application for review may be filed to the administrative review office of the municipal government within 15 days from the date of receiving the notice of sanction； if the review decision has been refused to accept， a legal action may be taken at the people‘s court within 15 days from the date of receiving the notice of review decision. The party concerned may also take a legal action directly at the people’s court within 15 days from the date of receiving the notice of sanction.

If the party concerned has failed to apply for review after the deadline and has neither taken a legal action at the people‘s court nor carried out the decision of sanction， the law enforcement office which has made the decision of sanction shall apply to the people’s court for coercive execution.

Article 26 If violation of these regulations has resulted in serious pollution of the surrounding environment or personal injury and death or a heavy loss of the nuclear power plant， and constituted a crime， the criminal responsibility of the directly responsible persons in charge and other directly responsible personnel shall be ascertained according to law.

Article 27 The municipal office of civilian defense， the departments of environmental protection， land planning， planning， agriculture， economic development， trade and development， labor， taxation， industrial and commercial administration， public security， maritime safety supervision， etc.， and the governments of district， township where the nuclear power plant is located shall exercise their power of inspection and supervision within the scope of their respective duties， ensure environmental and public safety in the restricted area surrounding the nuclear power plant.

The municipal government shall commend or give awards to the units and persons for conscientious implementation of these regulations and their remarkable achievements in maintaining the safe operation of the nuclear power plant and protecting the public safety and environment.

Article 28 The municipal government may formulate detailed rules for implementation according to these regulations.

Article 29 These regulations shall take effect as of the date of promulgation.