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Chapter I General Provisions
Article 1 This Law is enacted
for the purpose of developing meteorological service£¬standardizing
meteorological activities£¬ensuring the accurate and timely issue of
meteorological forecast£¬preventing meteorological disasters£¬properly exploiting
and effectively Protecting climatic resources£¬and providing meteorological
services for economic development£¬national defense£¬social development and
people's well-being£®
Article 2 This Law shall be observed by units and
individuals that engage in
meteorological£ºobservation£¬forecasting£¬services£¬prevention of meteorological
disasters£¬exploitation of climatic resources and research in meteorological
science and technology£¬which are carried out in the territory of the People's
Republic of China and the sea areas under the jurisdiction of the People's
Republic of China£®
Article 3 Meteorological service is a basic public
welfare service for economic development£¬national defense£¬social development and
people's well-being£®Public welfare meteorological services Shall be the first
priority in meteorological work£®
People's governments at or above the county level
shall strengthen their leadership over and coordination of meteorological
activities£¬and incorporate meteorological service into the national economic and
social development plans and fiscal budgets of the central and local governments
in order to ensure their full function in the service of the general public£¬in
government decision-making and in economic development£®
Local meteorological projects initiated by local
people's governments at or above the county level to meet the needs of local
social and economic development shall mainly be financed by the said governments
themselves£®
On condition that unpaid public welfare
meteorological services are guaranteed£¬meteorological offices and stations may
provide paid meteorological services in accordance with law£®
Article 4 Meteorological offices and stations
subordinate to the competent meteorological departments of counties or cities
shall chiefly serve agricultural production£¬providing£¬on their own initiative
and in a timely manner£¬public welfare meteorological information services needed
by local agricultural production£®
Article 5 The competent meteorological department
under the State Council is responsible for meteorological work nationwide£®Local
competent meteorological departments at different levels are responsible for
meteorological work in their own administrative regions under the leadership of
the competent meteorological departments at a higher level and the people's
governments at the corresponding level£®Meteorological offices and stations
subordinate to the other relevant departments under the State Council or under
the people's governments of provinces£¬autonomous regions and municipalities
directly under the Central Government shall be subject to guidance£¬supervision
and professional management by the competent meteorological departments at the
same level£®
Article 6 Units and individuals that engage in
meteorological activities shall comply with the meteorological technical
standards£¬rules and regulations formulated by the State£®
Article 7 The State encourages and supports research
in and popularization of meteorological science and technology£¬trains
meteorological professionals£¬spreads the use of advanced meteorological science
and technology£¬protects the achievements scored in meteorological science and
technology£¬strengthens international cooperation and exchange in the field of
meteorology and develops the meteorological information industry£¬all in order to
improve meteorological work£®
People's governments at various levels shall pay
attention to and support the construction and operation of the meteorological
offices and stations in areas inhabited by ethnic peoples£¬in outlying and
poverty£stricken areas£¬in areas where life is hard£¬and on islands£®
Units and individuals that make outstanding
contributions in meteorological work shall be rewarded£®
Article 8 Meteorological activities that
organizations and individuals of other countries wish to conduct in the
territory of the People's Republic of China and the sea areas under the
jurisdiction of the People's Republic of China shall be subject to approval by
the competent meteorological department under the State Council in conjunction
with relevant departments£® Chapter II Construction and
Management of Meteorological Facilities
Article 9 The competent
meteorological department under the State Council shall make arrangements for
relevant departments to work out plans for the construction of key
meteorological facilities including meteorological observation
instrumentation£¬transmission devices dedicated to meteorological information and
specialized large meteorological equipment£®These plans shall be submitted to the
State Council for approval before they are implemented£®Any readjustment or
modification of the plans shall be submitted to the State Council for approval£®
Plans for the construction of meteorological
facilities shall be drawn up in conformity with the principles of a reasonable
layout£¬efficient utilization£¬and full consideration of both immediate and future
needs£¬so as to avoid duplicated construction.
Article 10 Before the proposals and
feasibility reports for the construction of key meteorological facility projects
are submitted for approval£¬these projects shall, depending on the limits of
authority for examination and approval of such projects, be subject to
examination and agreement by the competent meteorological department under the
State Council£¬or by the competent meteorological departments of
provinces£¬autonomous regions£¬or municipalities directly under the Central
Government.
Article 11 The State protects
meteorological facilities in accordance with law£®No organizations or individuals
may seize£¬damage or destroy meteorological facilities£¬or relocate them without
authorization£®
In cases where meteorological facilities are damaged
or destroyed due to force majeure the local people's governments shall take
emergency measures to have them repaired or replaced£¬in order to ensure their
normal operation£®
Article 12 No organizations or individuals may
relocate meteorological offices or stations without legal approval£®Where it is
definitely necessary to relocate any national reference climatological stations
or basic synoptic stations for the implementation of city planning or the
construction of key national projects£¬the matter shall be subject to approval by
the competent meteorological department under the State Council£®Where it is
necessary to relocate other meteorological offices or stations£¬the matter shall
be subject to approval by the competent meteorological department of a
province£¬autonomous region or municipality directly under the Central
Government£®The unit that needs such construction shall bear the expenses for the
relocation and reconstruction£®
Article 13 Specialized meteorological equipment
shall meet the technical requirements specified by the competent meteorological
department under the State Council and shall be subject to examination by the
said department and its acceptance as qualified. No equipment that is not
examined or accepted as qualified may be applied to meteorological operations.
Article 14 Instruments for
meteorological measurement shall be subject to verification by the institutions
for verification of such instruments in accordance with the relevant provisions
of the Metrology Law of the People's Republic of China£®No meteorological
measurement instruments that are not verified£¬that are disqualified£¬or whose
terms of Validity have expired may be used£®
The competent meteorological department under the
State Council and the competent meteorological departments of
provinces£¬autonomous regions and municipalities directly under the Central
Government may£¬where necessary£¬introduce standard instruments for meteorological
measuring£®The highest standard for each kind of measuring instruments shall be
put into use only after it is tested and found to be qualified in accordance
with the provisions of the Metrology Law of the People's Republic of
China£® Chapter III Meteorological Observation
Article 15
Meteorological offices and stations subordinate to competent at various levels
shall, in accordance with the regulations set by the competent meteorological
department under the State Council£¬take meteorological observation and report
the collected data to the competent meteorological departments concerned£®No
meteorological observation may be discontinued without approval by the competent
meteorological department at a higher level.
The competent
meteorological department under the State Council and the local competent
meteorological departments concerned shall£¬in accordance release the observed
basic meteorological data at appropriate intervals.
Article 16
Meteorological offices and stations subordinate to other relevant departments
under the State Council or under the people's governments of
provinces£¬autonomous regions or municipalities directly under the Central
Government£¬as well as other organizations or individuals that engage in
meteorological observation shall£¬in accordance with report the observed
meteorological data to the competent meteorological department under the State
Council or to the competent meteorological departments of provinces£¬autonomous
regions or municipalities directly under the Central Government£®
The competent meteorological
departments at various levels Shall, under the principles of sharing and joint
use of meteorological data and in accordance with relevant State
regulations£¬exchange with relevant other units that meteorological information
engage in meteorological work£®
Article 17 All drilling platforms
located in inland or territorial waters of the People's Republic of China or in
the sea areas under the jurisdiction of the People's Republic of China£¬and
aircraft and ocean-going vessels of Chinese nationality navigating international
lines shall£¬in accordance with relevant State regulations£¬take meteorological
observation and report the observed data£®
Article 18 Where meteorological
observation data other than the basic ones need to be kept secret£¬they shall be
classified into different categories£®The categories shall be altered and the
data shall be declassified and used in accordance with the provisions of the Law
of the People's Republic of China on Guarding State Secrets£®
Article 19 The State protects the
environs for meteorological observation in accordance with law£®All organizations
and individuals shall have the obligation to protect such environs£®
Article 20 The following acts
jeopardizing the environs for meteorological observation are prohibited£º
£¨1£© placing obstacles or conducting
explosion or quarry operations within the protected environs for meteorological
observation£» £¨2£©installing£¬within the
protected environs for meteorological observation£¬high-frequency electromagnetic
radiation devices which impair the performance of the meteorological measuring
instruments£»and £¨3£©other
acts that impair meteorological observation within the protected environs for
such observation£®
The criteria for
the protected environs for meteorological observation shall be prescribed by the
competent meteorological department under the State Council£®People's governments
at all levels shall£¬in accordance with the statutory criteria£¬delimit protected
environs for meteorological observation and incorporate them into city planning
or into village or town planning£®
Article 21 When building, expanding
or renovating construction projects, the constructors shall avoid jeopardizing
the environs for meteorological observation. Where it is really impossible to
avoid jeopardizing the observation environs of national reference climatological
stations or basic synoptic stations£¬the constructors shall first ask for
permission of the competent meteorological department under the State
Council£¬and where jeopardizing of such environs of other meteorological offices
or stations cannot be avoided£¬the constructors Shall first ask for permission of
the competent meteorological departments of provinces£¬autonomous regions
or¡¡municipalities directly under the Central Government. No construction may be
started until appropriate measures are taken£®
Chapter IV Meteorological Forecast and Severe Weather Warning
Article 22 The
State applies a unified system for the issue of public meteorological forecast
and severe weather warning£®
Meteorological offices and stations
subordinate the competent meteorological departments at different levels
shall£¬in compliance with their functions and duties£¬issue to the community
public meteorological forecast and severe weather warning£¬with timely
supplements or corrections added as the weather changes£®No other organizations
or individuals may issue to the community such forecast or warning£®
Meteorological offices and stations
subordinate to other relevant departments under the State Council or under the
people's governments of provinces£¬autonomous regions or municipalities directly
under the Central Government may issue specialized meteorological forecast to be
used within the framework of their departments
The competent
meteorological departments at different levels and the meteorological offices
and stations subordinate to them shall issue public meteorological forecast and
severe weather warning with improved accuracy£¬timeliness and service£®
Article 23 Where
necessary£¬meteorological offices and stations subordinate to the competent
meteorological departments at various levels Shall issue specialized
meteorological forecasts for agriculture£¬urban environment£¬classified
fire£risks£¬etc£®and shall provide meteorological services in cooperation with the
military meteorological department to meet the need of national defense£®
Article 24 Radio and television
stations at various levels and newspapers designated by people's governments at
the provincial level shall arrange particular timeslots or space every day for
public meteorological forecast and /or severe weather warning.
Meteorological offices
and stations subordinate to the competent meteorological departments at
different levels shall guarantee the quality of the meteorological forecast
programs they have prepared.
Before making any
changes in the timeslots for broadcasting meteorological forecast, the radio and
television stations shall first seek consent of the meteorological offices or
stations concerned. Any severe weather warning or supplementary or corrected
forecast that has a vital bearing on the national economy and people's
well-being shall promptly be added or inserted into other ongoing programs.
Article 25 When the
media, including radio, television, newspaper and telecommunication, issue to
the community public meteorological forecast or severe weather warning, they
shall use the latest meteorological information provided by a meteorological
office or station subordinate to a competent meteorological department, while
indicating the time of issue and the name of the office or station. Part of the
revenues from the distribution of meteorological information shall be drawn to
support the development of meteorological service£®
Article 26 Information industry
departments shall work closely with the competent meteorological departments to
ensure unblocked meteorological telecommunication for the accurate and timely
dissemination of meteorological information£¬forecast and severe weather warning£®
Wireless frequencies and channels
specified for meteorological use are protected by the State£®No organizations or
individuals may occupy or interfere with them£® Chapter V Prevention of
Meteorological Disasters
Article 27 People's
governments at or above the county level shall improve their monitoring and
warning systems for meteorological disasters, make arrangements for relevant
departments to work out plans for prevention of meteorological disasters£¬and
take effective measures to increase the capability of preventing such disasters£®
Relevant organizations and individuals
shall comply with the directions given and arrangements made by the people's
governments£¬and shall make a success of prevention of meteorological disasters.
Article 28 Competent
meteorological departments at all levels shall make arrangements for joint among
monitoring and forecast of significant weather events among regions or
departments£¬propose timely measures for preventing meteorological disasters and
make assessment of severe weather disasters£¬which shall serve as the
decision-making basis for the people's governments at the corresponding levels
to arrange prevention of meteorological disasters£®
Meteorological offices and stations
subordinate to the competent meteorological departments at different levels
shall improve their monitoring and forecast of severe weather which may
adversely affect the local community£¬and promptly report to the competent
meteorological departments concerned£®The meteorological offices and stations
subordinate to other departments and the units related to the monitoring and
forecast of severe weather shall£¬without delay£¬provide the competent
meteorological departments with the observed meteorological information and the
monitored information on hydrological conditions£¬storm surge£¬etc£®that are needed
for the monitoring and forecast of severe weather£®
Article 29 Local people's governments at
or above the county level shall, in light of the need for preventing
meteorological disasters£¬work out plans for the purpose and£¬on the basis of the
meteorological information provided by the competent meteorological
departments£¬make arrangements for carrying out such plans£¬in order to avert or
mitigate meteorological disasters£®
Article
30 People's governments at or above the county level shall enhance their
ieaderst1ip over weather modification and£¬in light of actual conditions£¬carry
out work in this field in an organized and planned way£®
The competent meteorological department
under the State Council shall more efficiently administer and guide weather
modification throughout the country£®Local competent meteorological departments
at d levels shall make plans for weather modification operations and£¬under the
leadership and coordination of the people's governments at the corresponding
levels£¬administer£¬guide and arrange for such operations£®Relevant departments
shall£¬in compliance with their functions and duties and division of
responsibilities£¬cooperate with the competent meteorological departments in
weather modification.
Organizations engaging
in weather modification operations shall meet the qualifications prescribed by
the competent meteorological departments of provinces£¬autonomous regions or
municipalities directly under the Central Government£¬use the operational
equipment which meets the specifications set by the competent meteorological
department under the State Council£¬and conform to the operational rules£®
Article 31 Competent meteorological
departments at various levels shall strengthen the organization and management
of preventive efforts against disasters caused by thunderstorm and lightning
and£¬together with other relevant authorities£¬inspect the lightning protection
devices installed on the buildings£¬structures and other facilities likely to be
struck by lightning£®
The installed
lightning protection devices shall meet the operational specifications set by
the competent meteorological department under the State Council£®
Chapter
VI Exploitation and Protection of Climatic Resources
Article 32 The
competent meteorological department under the State Council is in charge of the
overall survey and zoning of climatic resources nationwide£¬coordinates efforts
in climate monitoring£¬analysis and assessment and in the monitoring of the
atmosphere composition that may cause climate deterioration£¬and issues£¬at
regular intervals£¬bulletins on climatic status£®
Article 33 Local people's
governments at or above the county level shall£¬in light of the characteristics
of the local climatic resources£¬draw up plans for the fields of endeavor in
which to exploit the climatic resources and for the key climatic resources to be
protected£®
Local competent
meteorological departments shall£¬on the basis of the plans drawn up by the
people's governments at the corresponding levels£¬make proposals to the said
people's governments and relevant departments at the corresponding levels
regarding the exploitation and protection of climatic resources and the
extensive application of positive results yielded from the zoning of climatic
resources£®
Article 34 Competent
meteorological departments at all levels shall arrange for climatic feasibility
studies relating to city planning£¬key national construction projects£¬major
regional economic development projects and large projects for the exploitation
of climatic resources such as solar and wind energy£®
When assessing the impact of
construction projects on atmospheric environment£¬qualified for making the units
that are such assessment shall use the meteorological data which are provided or
examined by the competent meteorological departments£® Chapter VII Legal
Responsibility
Article 35 Any unit
or individual that£¬in violation of the provisions of this Law£¬commits one of the
following acts shall be ordered by the relevant competent meteorological
department within the limits of its authority to discontinue the violation and
put the facilities and environs back to their former state or take other
remedial measures within a time limit£¬and it/he may be fined not more than 50
000 yuan£®If losses are caused£¬the violator shall bear the compensation
responsibility in accordance with law£®If the violation constitutes a
crime£¬criminal responsibility shall be investigated in accordance with law£º
£¨1£©seizing£¬damaging£¬destroying£¬or relocating
without approval meteorological facilities£»or
£¨2£©engaging in activities within
the limits of the protected environs for meteorological observation£¬to the
detriment of the environs£®
Any unit or
individual that illegally approves the occupation of land within the limits of
the protected environs for meteorological observation or that erects buildings
or installations on illegally occupied land within the said limits shall be
punished in accordance with the relevant provisions of the City Planning Law of
the People's Republic of China or the Land Administration Law of the People's
Republic of China£®
Article 36 Any unit or
individual that£¬in causes harm violation of the provisions of this Law£¬by
employing specialized equipment which does not meet the technical specifications
shall be ordered by the relevant competent meteorological department within the
limits of its authority to make rectification and be given a disciplinary
warning and may also be fined not more than 50 000 yuan£®
Article 37 Any unit or individual that£¬in
violation of the provisions of this Law£¬installs lightning protection devices
which do not meet the operational specifications shall be ordered by the
relevant competent meteorological department to make rectification and be given
a disciplinary warning£®If by using such devices it/he causes losses to
others£¬it/he Shall bear compensation responsibility in accordance with law.
Article 38 Any unit or
individual that£¬in violation of the provisions of this Law, commits one of the
following acts shall be ordered by the relevant competent meteorological
department within the limits of its authority to make rectification and be given
a disciplinary warning and also be fined may not more than 50 000 yuan£º
£¨1£©a unit or individual that unlawfully issues
to the community public meteorological forecast or severe weather warning£»
£¨2£©when distributing to the community public
meteorological forecast or severe weather warning£¬the media including
radio£¬television£¬newspaper and telecommunication fail to use the latest
meteorological information provided by the meteorological offices or stations
subordinate to the competent meteorological departments£»or
£¨3£©when assessing the impact of
construction projects on atmospheric environment£¬the unit that is in charge of
making such assessment fails to use the meteorological data which are provided
or examined by the competent meteorological department£®
Article 39 In violation of the provisions
of this Law£¬when carrying out weather modification operations, the organization
that does not meet the qualifications prescribed by the competent meteorological
department of a province£¬autonomous region or municipality directly under the
Central Government conducts weather modification operations or£¬when doing
so£¬uses the equipment which does not meet the technical specifications set by
the competent meteorological department under the State Council shall be ordered
by the relevant competent meteorological department within the limits of its
authority to make rectification and be given a disciplinary warning and may also
be fined not more than 100 000 yuan£®If it causes losses to others£¬it shall bear
compensation responsibility in accordance with law£®If the violation constitutes
a crime£¬criminal responsibility shall be investigated in accordance with law£®
Article 40 Staff members working in the
competent meteorological departments at different levels of meteorological
offices or stations subordinate to the departments who neglect their duties and
consequently fail to make important public meteorological forecast or to send
out severe weather warning or make wrong forecast or send out wrong warning£¬or
who lose or damage the raw meteorological observation data or fabricate
meteorological data shall be given administrative sanctions in accordance with
law£®If they cause heavy losses to State interests or people's lives or
property£¬which is serious enough to constitute a crime£¬they shall be
investigated for criminal responsibility in accordance with law£®
Chapter VIII Supplementary Provisions
Article 41 For the
purpose of this Law£¬the definitions of the following terms are£º
£¨1£©Meteorological facilities include meteorological
observation instrumentation£¬transmission devices dedicated to meteorological
information and specialized large meteorological equipment£®
£¨2£©Meteorological observation means systematic
observation and measurement of the atmospheric physical processes£¬phenomena and
chemical properties in the atmosphere and surface layer by scientific and
technological means£® £¨3£©Environs for meteorological
observation mean the minimum surrounding space away from any interference£¬a
space that is essential for ensured acquisition of accurate meteorological
observation information by means of observation facilities.
£¨4£© Meteorological disasters include disasters
caused by typhoon£¬rainstorm (snowstorm) , cold wave, strong wind (sandstorm
and/or duststorm), low temperature, high temperature, drought, thunderstorm and
lightning, hail, frost and fog. £¨5£©Weather
modification refers to efforts aimed at rain or snow enhancement, hail
suppression, rain suppression, fog dispersal, frost prevention by exerting,
under appropriate conditions, artificial influence on local atmospheric physical
and chemical processes through scientific and technological means£¬in order to
avert or mitigate meteorological disasters and rationally exploit climatic
resources£®
Article 42 Specific
administrative measures governing the scope£¬items and charges for paid
meteorological services provided by meteorological offices or stations and other
units shall be formulated by the State Council in accordance with the provisions
of this Law£®
Article 43 Administrative
measures governing the meteorological work in the Chinese people's Liberation
Army shall be formulated by the Central Military Commission£®
Article 44 Where differences in provisions
are found between an international treaty on meteorological activities concluded
or acceded to by the People's Republic of China and this Law£¬the provisions
contained in the international treaty shall prevail£¬with the exception of the
clauses on which the People's Republic of China has expressed reservations.
Article 45 This Law shall go
into effect as of January 1, 2000. The Regulations of the People's Republic of
China on Meteorological Services promulgated by the State Council on August 18.
1994 shall be annulled as of the same date£®
Members working in the competent
meteorological departments at different levels of meteorological offices or
stations subordinate to the departments who neglect their duties and
consequently fail to make important public meteorological forecast or to send
out severe weather warning or make wrong forecast or send out wrong warning£¬or
who lose or damage the raw meteorological observation data or fabricate
meteorological data shall be given administrative sanctions in accordance with
law£®If they cause heavy losses to State interests or people's lives or
property£¬which is serious enough to constitute a crime£¬they shall be
investigated for criminal responsibility in accordance with law£®
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