In traditional Chinese culture, the word “quiet” is full of the pursuit of personal inner development and the hope for a better life. But, with development comes more noise in our environment; traffic, construction, factories, our very own neighbourhood, etc. Indeed, on the environmental protection hotline reporting platform, noise complaints have long been at the forefront.
As early as of 1989, the State Council issued the Regulations on the Prevention and Control of Environmental Noise Pollution. Subsequently, the National People’s Congress adopted the Law on Prevention and Control of Environmental Noise Pollution in October, 1996, which elevated noise control from a moral imperative to a legal requirement.
In line with the growing demand for a tranquil environment in the new era, a new law focused on practical problems was also needed. Consequently, “in order to prevent noise pollution, protect public health, protect and improve the living environment, maintain social harmony, promote the construction of ecological civilisation, and promote sustainable economic and social development”, the Noise Pollution Prevention and Control Law was been published in December, 2021, coming into effect in June, 2022.
The new Law defines the scope of noise pollution, as “a phenomenon that exceeds noise-emission standards or does not take preventive and control measures in accordance with the law to produce noise and interferes with the normal life, work and study of others”. Therefore, some noise that does not have noise emission standards, does not take corresponding noise control measures (e.g. sound insulation) and interferes with the normal life of others is included in the scope of legal regulation.
Secondly, the Noise Pollution Prevention and Control Law classifies noise pollution as industrial noise pollution, construction noise pollution, transportation noise pollution, social life noise pollution, etc., and formulates different regulatory measures according to different categories. Among them, companies emitting industrial noise should obtain an emission permit or complete a registration form, carry out self-monitoring of industrial noise and make the monitoring records available to the public.
Most closely associated with people’s daily life and is the type of noise pollution that causes the most serious nuisance; social life noise pollution. The answers to most people’s concerns are to be found in this law thus:
i. Regarding neighbourhood noise, the law states that families should cultivate good habits to reduce the formation of noise, try to avoid generating noise that disturbs neighbours in their daily activities and control volume, or take other effective measures, to prevent noise pollution when conducting activities in family premises or using household appliances or musical instruments.
ii. Regarding noise from interior decoration of completed buildings delivered for use, the law stipulates that when interior decoration activities are carried out in buildings, they should be carried out in accordance with the limited working hours and effective measures should be taken to prevent and reduce noise pollution.
iii. Regarding noise from recreational and fitness activities such as square dancing, the law stipulates that when organising or carrying out entertainment and fitness activities in public places such as streets, squares and parks, the manager of the public place shall comply with the regulations on the area, time period and volume of the activity and take effective measures to prevent noise pollution. The use of sound equipment, etc. to generate excessive volume is not allowed in violation of the regulations.
iv. With regard to noise from commercial business activities, the law prohibits the use of high-pitched loudspeakers or other methods of continuously and repeatedly emitting high noise for advertising purposes.
This law about noise control is valuable in that it takes into account the actual situation, pays attention to new needs arising from the changing times, uses scientific means of prevention and control, and protects the public from noise pollution. In the future, people should also be more aware of noise control, consciously reduce social noise emissions, strive to be a “quiet” citizen, and work together to maintain the harmony and peace of the living environment.
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This article is intended solely for informational purposes and does not constitute legal advice. Although the information in this article was obtained from reliable official sources, no guarantee is made with regard to its accuracy and completeness. For more information please visit dandreapartners.com or WeChat: dandreapartners
