People's Republic of China (PRC) Meteorological Law

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In order to develop meteorological undertakings, standardize meteorological work, issue meteorological forecasts accurately and timely, and prevent meteorological disasters,

People's Republic of China (PRC) Meteorological Law (15 page)

This Law is formulated in order to rationally develop, utilize and protect climate resources and provide meteorological services for economic construction, national defense construction, social development and people's lives.

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Activities such as meteorological observation, forecasting, service, meteorological disaster prevention, utilization of climate resources and meteorological science and technology research in People's Republic of China (PRC) and other sea areas under the jurisdiction of People's Republic of China (PRC) shall abide by this Law.

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Meteorological work is a basic public welfare undertaking for economic construction, national defense construction, social development and people's life, and meteorological work should focus on public welfare meteorological services.

The people's governments at or above the county level shall strengthen the leadership and coordination of meteorological work, incorporate meteorological undertakings into the national economic and social development plans and financial budgets at the central and local levels, and ensure that they give full play to their functions of serving the public, government decision-making and economic development. Local meteorological projects built by local people's governments at or above the county level according to the needs of local social and economic development are mainly borne by the finance at the corresponding level.

Meteorological offices and stations can carry out paid meteorological services according to law on the premise of ensuring free public meteorological services.

Article 4

Meteorological offices and stations subordinate to the competent meteorological departments of counties and cities shall mainly serve agricultural production and provide public welfare meteorological information services needed to ensure local agricultural production in a timely manner.

Article 5

The competent meteorological department of the State Council is responsible for meteorological work throughout the country. Local competent meteorological departments at various levels shall be responsible for meteorological work within their respective administrative areas under the leadership of the competent meteorological departments at higher levels and the people's governments at the corresponding levels.

Meteorological offices and stations belonging to other relevant departments of the State Council and other relevant departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall accept the guidance, supervision and industry management of their meteorological work by the competent meteorological departments at the same level.

Article 6

Engaged in meteorological business activities, shall abide by the meteorological technical standards, norms and procedures formulated by the state.

Article 7

The state encourages and supports meteorological scientific and technological research and popularization of meteorological scientific knowledge, trains meteorological talents, popularizes advanced meteorological science and technology, protects meteorological scientific and technological achievements, strengthens international meteorological cooperation and exchanges, develops meteorological information industry and improves meteorological work level. ? People's governments at all levels should care about and support the construction and operation of meteorological stations in ethnic minority areas, remote and poor areas, hard areas and islands.

Units and individuals that have made outstanding contributions in meteorological work shall be rewarded.

Article 8

Foreign organizations and individuals engaged in meteorological activities in People's Republic of China (PRC) and other sea areas under the jurisdiction of People's Republic of China (PRC) must be approved by the competent meteorological department of the State Council in conjunction with relevant departments.

Chapter II Construction and Management of Meteorological Facilities

Article 9

The competent meteorological department of the State Council shall organize the relevant departments to prepare the construction plan of important meteorological facilities, such as meteorological detection facilities, special transmission facilities for meteorological information, large-scale meteorological special technical equipment, and report to the State Council for approval before implementation. The adjustment and revision of meteorological facilities construction planning must be reported to the State Council for approval.

Meteorological facilities construction planning should follow the principles of reasonable layout, effective utilization, taking into account current and long-term needs, and avoid repeated construction.

Article 10

Major meteorological facilities construction projects shall be examined and approved by the competent meteorological departments of the State Council or provinces, autonomous regions and municipalities directly under the Central Government in accordance with the corresponding project examination and approval authority before the project proposal and feasibility study report are submitted for approval.

Article 11

The state protects meteorological facilities according to law, and no organization or individual may occupy, damage or move meteorological facilities without authorization.

When meteorological facilities are damaged due to force majeure, the local people's government shall take emergency measures and organize forces to carry out emergency repairs to ensure the normal operation of meteorological facilities.

Article 12

Without approval according to law, no organization or individual may relocate meteorological stations; Because of the implementation of urban planning or the construction of national key projects, it is really necessary to relocate the national benchmark weather station or basic weather station, and it shall be reported to the competent meteorological department of the State Council for approval; If it is really necessary to relocate other meteorological stations, it shall be reported to the competent meteorological departments of provinces, autonomous regions and municipalities directly under the Central Government for approval. The relocation expenses shall be borne by the construction unit.

Article 13

Meteorological special technical equipment shall meet the technical requirements stipulated by the competent meteorological department of the State Council, and pass the examination by the competent meteorological department of the State Council; Without examination or unqualified examination, it shall not be used for meteorological services.

Article 14

Meteorological measuring instruments shall be verified by meteorological metrological verification institutions in accordance with the relevant provisions of the Metrology Law of People's Republic of China (PRC) and the State Metrology Law. Meteorological measuring instruments without verification, unqualified verification or exceeding the validity period of verification shall not be used.

The competent meteorological departments of the State Council and provinces, autonomous regions and municipalities directly under the Central Government may establish standard instruments of meteorological measurement as required, and the highest standard instruments of measurement shall be used only after passing the examination in accordance with the provisions of the Metrology Law of People's Republic of China (PRC).

Chapter III Meteorological Detection

Article 15

Meteorological offices and stations subordinate to the competent meteorological departments at all levels shall conduct meteorological observation in accordance with the provisions of the competent meteorological department of the State Council, and submit meteorological observation data to the relevant competent meteorological departments. Without the approval of the competent meteorological department at a higher level, meteorological observation shall not be suspended. ?

The competent meteorological departments in the State Council and relevant local meteorological departments shall timely release basic meteorological observation data in accordance with state regulations.

Article 16

Other relevant departments in the State Council, meteorological offices and stations affiliated to other relevant departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and other organizations and individuals engaged in meteorological observation shall, in accordance with the relevant provisions of the state, submit the obtained meteorological observation data to the competent meteorological departments of the State Council or provinces, autonomous regions and municipalities directly under the Central Government.

The competent meteorological departments at all levels shall, in accordance with the principle of sharing and using meteorological data, exchange relevant meteorological information with other institutions engaged in meteorological work in accordance with the relevant provisions of the state. ?

Article 17

Offshore drilling platforms, aircraft flying international routes and ocean-going vessels with China nationality, as well as waters, territorial waters and other sea areas under the jurisdiction of People's Republic of China (PRC), shall carry out meteorological observation and report meteorological observation information in accordance with relevant state regulations.

Eighteenth meteorological observation data other than the basic meteorological observation data need to be kept confidential, and the determination, change, decryption and use of the classification shall be carried out in accordance with the provisions of the Law of People's Republic of China (PRC) on Guarding State Secrets.

Article 19 The State protects the environment for meteorological observation according to law, and any organization or individual has the obligation to protect the environment for meteorological observation.

Article 20 The following acts endangering the meteorological observation environment are prohibited:

(1) Setting obstacles, blasting and quarrying within the protection scope of meteorological observation environment;

(2) setting up high-frequency electromagnetic radiation devices that affect the working efficiency of meteorological observation facilities within the protection scope of meteorological observation environment;

(three) to engage in other acts that affect meteorological observation within the scope of environmental protection for meteorological observation. The standards for defining the scope of environmental protection for meteorological observation shall be stipulated by the competent meteorological department of the State Council. People's governments at all levels shall delimit the scope of environmental protection for meteorological observation in accordance with legal standards and incorporate it into urban planning or village and market town planning.

Twenty-first new construction, expansion and reconstruction projects should avoid endangering the meteorological observation environment; If it is really unavoidable, the construction unit shall obtain the consent of the competent meteorological department of the State Council and the competent meteorological departments of provinces, autonomous regions and municipalities directly under the Central Government in advance, and take corresponding measures before construction.

Chapter IV Meteorological Forecast and Severe Weather Warning

Article 22 The State implements a unified release system for public meteorological forecasts and severe weather warnings.

Meteorological offices and stations subordinate to competent meteorological departments at all levels shall, in accordance with their duties, issue public meteorological forecasts and severe weather warnings to the public, and supplement or revise them in time according to weather changes. No other organization or individual may issue public meteorological forecasts and severe weather warnings to the society.

Meteorological offices and stations affiliated to other relevant departments of the State Council and other relevant departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government can issue special weather forecasts using this system.

The competent meteorological departments at all levels and their subordinate meteorological stations shall improve the accuracy, timeliness and service level of public meteorological forecast and severe weather warning.

Article 23 Meteorological offices and stations subordinate to competent meteorological departments at all levels shall, according to needs, issue professional meteorological forecasts such as agricultural meteorological forecast, urban environmental meteorological forecast and fire risk meteorological grade forecast, and cooperate with military meteorological departments to provide meteorological services needed for national defense construction. ?

Twenty-fourth radio stations and television stations at all levels and newspapers designated by the provincial people's government shall arrange special time or pages to broadcast or publish public weather forecasts or severe weather warnings every day. Meteorological offices and stations subordinate to competent meteorological departments at all levels shall ensure the quality of weather forecast programs produced. Radio and television broadcasting units that change the broadcast time of weather forecast programs shall obtain the consent of the relevant meteorological stations in advance; Severe weather warnings and supplementary and revised weather forecasts that may have a significant impact on the national economy and people's livelihood shall be broadcast or inserted in time. ?

Twenty-fifth radio, television, newspapers, telecommunications and other media to disseminate meteorological forecasts and severe weather warnings to the society, must use the timely meteorological information provided by the meteorological offices and stations affiliated to the competent meteorological departments, and indicate the release time and the name of the meteorological offices and stations. Part of the income obtained by disseminating meteorological information should be used to support the development of meteorological undertakings.

Twenty-sixth information industry departments should closely cooperate with the competent meteorological departments to ensure smooth meteorological communication and accurate and timely transmission of meteorological information, meteorological forecasts and severe weather warnings. Special channels and channels for meteorological radio are protected by the state, and no organization or individual may occupy or interfere with them.

Chapter V Meteorological Disaster Prevention

Twenty-seventh people's governments at or above the county level shall strengthen the construction of meteorological disaster monitoring and early warning system, organize relevant departments to prepare meteorological disaster prevention plans, and take effective measures to improve their ability to prevent meteorological disasters. Relevant organizations and individuals shall obey the command and arrangement of the people's government and do a good job in meteorological disaster prevention.

Article 28 The competent meteorological departments at all levels shall organize cross-regional and cross-departmental joint monitoring and forecasting of disastrous weather, put forward preventive measures for meteorological disasters in a timely manner, evaluate major meteorological disasters, and provide decision-making basis for the people's governments at the corresponding levels to organize the prevention of meteorological disasters. Meteorological offices and stations subordinate to the competent meteorological departments at all levels shall strengthen the monitoring and forecasting of disastrous weather that may affect the local area, and report to the relevant competent meteorological departments in a timely manner. Meteorological offices and stations belonging to other relevant departments and units related to disastrous weather monitoring and forecasting shall provide meteorological observation information and relevant monitoring information such as water regime and storm surge required for meteorological disaster monitoring and forecasting to the competent meteorological authorities in a timely manner.

Article 29 The local people's governments at or above the county level shall, according to the needs of preventing meteorological disasters, formulate meteorological disaster prevention plans, and organize the implementation of meteorological disaster prevention plans according to the meteorological information provided by the competent meteorological departments to avoid or mitigate meteorological disasters.

Thirtieth people's governments at or above the county level shall strengthen the leadership of weather modification work, and carry out weather modification work in an organized and planned way according to the actual situation. The competent meteorological department of the State Council shall strengthen the management and guidance of the national weather modification work. Local competent meteorological departments at all levels shall formulate plans for weather modification operations, and manage, guide and organize the implementation of weather modification operations under the leadership and coordination of the people's governments at the corresponding levels. The relevant departments shall, in accordance with the division of responsibilities, cooperate with the competent meteorological departments to do a good job in weather modification. Organizations that carry out weather modification operations must have the qualifications stipulated by the competent meteorological departments of provinces, autonomous regions and municipalities directly under the Central Government, use operating equipment that meets the technical standards required by the competent meteorological departments of the State Council, and abide by the operational norms.

Thirty-first competent meteorological departments at all levels should strengthen the organization and management of lightning disaster prevention work, and jointly with relevant departments to guide the detection of lightning disaster protection devices installed on buildings, structures and other facilities that may be struck by lightning. The lightning disaster protection device installed shall meet the use requirements stipulated by the competent meteorological department of the State Council.

Chapter VI Development, Utilization and Protection of Climate Resources

Article 32 The competent meteorological department in the State Council shall be responsible for the comprehensive investigation and zoning of climate resources throughout the country, organize climate monitoring, analysis and evaluation, monitor atmospheric components that may lead to climate deterioration, and regularly publish national bulletins on climate conditions.

Thirty-third local people's governments at or above the county level shall, according to the characteristics of local climate resources, formulate the direction of development and utilization of climate resources and key protection plans. Local competent meteorological departments at various levels shall, according to the planning of the people's government at the corresponding level, put forward suggestions on the utilization and protection of climate resources and the popularization and application of climate resources zoning and other achievements to the people's government at the corresponding level and relevant departments at the same level.

Thirty-fourth competent meteorological departments at all levels shall organize the climate feasibility demonstration of urban planning, national key construction projects, major regional economic development projects and large-scale solar energy, wind energy and other climate resources development and utilization projects. Units with the qualification of atmospheric environmental impact assessment shall use the meteorological data provided or reviewed by the competent meteorological departments when conducting atmospheric environmental impact assessment of construction projects.

Chapter VII Legal Liability

Article 35 Whoever, in violation of the provisions of this Law, commits any of the following acts shall be ordered by the competent meteorological department concerned to stop the illegal act within the limits of authority, restore the original state within a time limit or take other remedial measures, and may also be fined not more than 50,000 yuan; If losses are caused, it shall be liable for compensation according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) occupation, damage or unauthorized movement of meteorological facilities;

(2) engaging in activities endangering the meteorological observation environment within the scope of protection of the meteorological observation environment. Within the scope of environmental protection for meteorological observation, those who illegally approve the occupation of land or illegally occupy land to build new buildings or other facilities shall be punished in accordance with the relevant provisions of the Urban and Rural Planning Law of People's Republic of China (PRC) or the Land Administration Law of the People's Republic of China.

Article 36 Whoever, in violation of the provisions of this Law, uses special meteorological technical equipment that does not meet the technical requirements, thus causing harm, shall be ordered by the competent meteorological department concerned to make corrections, given a warning and may be fined not more than 50,000 yuan.

Article 37 whoever, in violation of the provisions of this law, installs lightning disaster prevention devices that do not meet the requirements for use shall be ordered by the relevant competent meteorological department to make corrections and given a warning. If lightning protection devices that do not meet the requirements for use cause losses to others, they shall be liable for compensation according to law.

Article 38 Whoever, in violation of the provisions of this Law, commits any of the following acts shall be ordered by the relevant competent meteorological departments to make corrections within their authority, given a warning and may be fined not more than 50,000 yuan: (1) illegally releasing public weather forecasts or severe weather warnings to the public;

(two) radio, television, newspapers, telecommunications and other media to disseminate public meteorological forecasts and severe weather warnings to the society, without using the timely meteorological information provided by the meteorological offices and stations affiliated to the competent meteorological departments;

(3) The meteorological data used by units engaged in atmospheric environmental impact assessment for construction projects have not been provided or reviewed by the competent meteorological department.

Article 39 Whoever, in violation of the provisions of this Law, does not have the qualifications stipulated by the competent meteorological departments of provinces, autonomous regions and municipalities directly under the Central Government to carry out weather modification operations, or uses operating equipment that does not meet the technical standards required by the competent meteorological departments of the State Council, shall be ordered by the relevant competent meteorological departments to make corrections according to their authority, given a warning and may be fined not more than 100,000 yuan; If losses are caused to others, they shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 40 Where the staff of competent meteorological departments at all levels and their subordinate meteorological offices and stations neglect their duties, resulting in major omissions and misstatements of public meteorological forecasts and severe weather warnings, loss or damage of original meteorological observation data, forgery of meteorological data and other accidents, they shall be given administrative sanctions according to law; If it causes great losses to national interests and people's lives and property and constitutes a crime, criminal responsibility shall be investigated according to law.

Chapter VIII Supplementary Provisions

Article 41 In this Law, the meanings of the following terms are:

(1) Meteorological facilities refer to meteorological detection facilities, special transmission facilities for meteorological information, large-scale meteorological special technical equipment, etc.

(2) Meteorological detection refers to the systematic observation and measurement of atmospheric physical processes, phenomena and chemical properties in the atmosphere and near-surface layer by means of science and technology.

(3) Meteorological observation environment refers to the environmental space formed by the minimum distance necessary to avoid all kinds of interference and ensure meteorological observation facilities to obtain meteorological observation information accurately.

(4) Meteorological disasters refer to disasters caused by typhoon, rainstorm (snow), cold wave, strong wind (sandstorm), low temperature, high temperature, drought, lightning, hail, frost and fog.

(5) Weather modification refers to the activities of artificially influencing local atmospheric physical and chemical processes through scientific and technological means to increase rain and snow, prevent hail, eliminate rain, eliminate fog and prevent frost in order to avoid or mitigate meteorological disasters and rationally utilize climate resources under appropriate conditions.

Article 42 The scope, items and fees of meteorological stations and other units engaged in paid meteorological services shall be formulated by the State Council in accordance with this Law.

Article 43 Measures for the administration of meteorological work of China People's Liberation Army shall be formulated by the Central Military Commission (CMC).

Article 44 If the international treaties on meteorological activities concluded or acceded to by People's Republic of China (PRC) have different provisions from this Law, the provisions of the international treaties shall apply; However, the provisions reserved by People's Republic of China (PRC) are excluded.

Article 45 This Law shall come into force as of June 5, 2000. 1August 994 18 The Meteorological Regulations of People's Republic of China (PRC) promulgated by the State Council shall be abolished at the same time.