Measures of Beijing Municipality for Implementing the Meteorology Law of China

 2018-06-03  44


Measures of Beijing Municipality for Implementing the Meteorology Law of China

  • Document NumberAnnouncement No. 43 of the Standing Committee of Beijing Municipal People's Government
  • Area of Law Meteorology
  • Level of Authority Provincial Local Regulations
  • Date issued12-01-2005
  • Effective Date03-01-2006
  • Status Effective
  • Issuing Authority Beijing Municipal People's Congress (incl. Standing Committee)



Announcement of the Standing Committee of Beijing Municipal People's Government
(No. 43)
The Measures of Beijing Municipality for Implementing the Meteorology Law of China, adopted at the 24th Meeting of the Standing Committee of the 12th Beijing Municipal People's Congress on December 1, 2005, are hereby promulgated and shall be effective as of March 1, 2006.
Standing Committee of the 12th Beijing Municipal People's Congress
December 1, 2005
Measures of Beijing Municipality for Implementing the Meteorology Law of the People's Republic of China
(Adopted at the 24th Meeting of the Standing Committee of the 12th People's Congress of Beijing Municipality on December 1, 2005)

Contents
Chapter I General Provisions
Chapter II Construction of Meteorological Facilities and Protection of Environs for Meteorological Observation
Chapter III Meteorological Forecast and Severe Weather Warning
Chapter IV Prevention of Meteorological Disasters
Chapter V Exploitation and Protection of Climatic Resources
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 These Measures are formulated for the purposes of implementing the Meteorology Law of the People's Republic of China in light of the actual circumstances of this Municipality.
Article 2 The Meteorology Law of the People's Republic of China and these Measures shall be observed in such activities as meteorological observation, forecast, services, prevention of meteorological disasters, exploitation of climatic resources and research in meteorological science and technology which are carried out in the administrative areas of this Municipality.
Article 3 The meteorological service is a scientific and basic social public welfare service.
The meteorological work in this Municipality shall stick to the public-, safety- and resources-oriented development and offer meteorological service for the capital's economic construction, social development, people's well-being, international exchanges and major activities.
Article 4 The municipal and the district or county people's governments 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 corresponding level according to law 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 the municipal and the district or county people's governments to meet the needs of local social and economic development shall mainly be financed by the said governments at the corresponding level.
Article 5 The competent meteorological departments at the municipal and the district or county level shall be responsible for meteorological work in their respective administrative areas under the leadership of the competent meteorological departments at the higher level and the people's governments at the corresponding level. The competent meteorological department at the municipal level shall be responsible for the meteorological work in the districts that do not have the competent meteorological departments.
The administrative departments of development and reform, finance, planning, construction, water affairs, public security, safe production, radio and television, telecommunications, etc. shall bring relevant meteorological work to success according to their respective functions and duties.
Article 6 The meteorological technical standards, rules and regulations formulated by the State and this Municipality shall be complied with in the engagement of meteorological activities.
This Municipality's local meteorological technical standards shall be formulated and publicized by the municipal administrative department of standardization; the meteorological technical rules and regulations shall be formulated by the competent meteorological department at the municipal level together with relevant departments.
Article 7 This Municipality 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, increases international cooperation and exchange in the field of meteorology and develops the meteorological information industry, all in order to improve meteorological work.
The units and individuals that have made outstanding contributions to the meteorological work shall be commended and rewarded by the municipal and the district or county people's governments.
Chapter II Construction of Meteorological Facilities and Protection of Environs for Meteorological Observation
Article 8 The competent meteorological department at the municipal level shall organize relevant departments to work out the plans for construction of meteorological facilities of this Municipality based on the national plans for construction of meteorological facilities and implement the said plans after reporting them to the Municipal People's Government for approval; the competent meteorological departments at the district or county level shall organize relevant departments to work out the local plans for construction of meteorological facilities based on the plans for construction of meteorological facilities of this Municipality, implement the said plans after reporting them to the local people's governments at the corresponding level for approval and submit them to the competent meteorological department at the municipal level for the record.
The plans for construction of meteorological facilities shall be linked to the city planning.
Article 9 The municipal and the district or county people's governments shall strengthen the construction of meteorological facilities in such major areas as planned urban districts, new cities, densely populated areas, development zones and meteorological disasters frequently-occurring areas.
Article 10 This Municipality protects meteorological facilities according to law. No organizations or individuals may seize, damage or destroy meteorological facilities, or relocate them without authorization.
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 construction units shall report the matter to the competent meteorological department under the State Council for approval; where it is definitely necessary to relocate other meteorological offices or stations, the construction units shall report the matter to the competent meteorological department at the municipal level for approval. The expenses for relocation and reconstruction shall be borne by the construction units.
Contrastive observation shall be carried out in accordance with relevant provisions of the State prior to relocation of meteorological offices or stations. The meteorological offices or stations relocated shall conform to the city planning, the construction layout of meteorological facilities and the protection standards of environs for meteorological observation.
Article 11 This Municipality protects the environs for meteorological observation according to law. The municipal and the district or county people's governments shall delimit the protected environs for meteorological observation in accordance with the statutory protection criteria. The protected environs for meteorological observation shall be made public to the society and incorporated into city planning or village or town planning.
Where the environs for meteorological observation of meteorological offices or stations do not conform to the protection criteria, the competent meteorological department at the municipal level shall put forward its opinions and the municipal and the district or county people's governments shall organize relevant departments to deal with it.
Article 12 The building, expanding and renovating of construction projects shall avoid jeopardizing the environs for meteorological observation; where it is really impossible to avoid the jeopardizing, the construction units shall, in advance, ask for permission of the competent meteorological department according to law and no construction may be started until appropriate measures are taken.
Article 13 Within the protected environs for meteorological observation, the following activities shall be prohibited:
(1) placing obstacles, blasting, excavating sand, setting on fire, etc.;
(2) planting crops or trees which impair meteorological observation;
(3) installing high-frequency electromagnetic radiation devices which impair the performance of meteorological measuring instruments;
(4) bringing in such sources as sources of heat or pollution which impair meteorological observation; and
(5) other activities which impair meteorological observation.
Chapter III Meteorological Forecast and Severe Weather Warning
Article 14 The public meteorological forecast and severe weather warning in this Municipality shall be issued in a unified manner by the meteorological offices or stations subordinate to the competent meteorological department at the municipal level in accordance with their respective functions and duties. No other organizations or individuals may issue to the community public meteorological forecast and severe weather warning.
The meteorological offices or stations subordinate to the competent meteorological department at the municipal and the district or county level (hereafter referred to as meteorological offices or stations of this Municipality) shall issue public meteorological forecast and severe weather warning with improved accuracy, timeliness and service.
The releasing time of public meteorological forecast of this Municipality shall be made public to the community.
Article 15 The meteorological offices or stations of this Municipality shall provide meteorological forecast for a certain place in a certain time for the major activities held by the State or this Municipality and make timely supplements or corrections as the weather changes.
Article 16 The competent meteorological department at the municipal and the district or county level shall take various means to provide convenience for the public to inquire and acquire meteorological information.
The meteorological offices or stations of this Municipality shall provide timely meteorological information service based on the characteristics and needs of local agricultural production.
Article 17 The meteorological offices or stations of this Municipality shall, based on the needs, issue specialized meteorological forecasts for urban environment, traffic, tourism, agriculture, classified fire-risks, etc..
Article 18 Radio and television stations at various levels and newspapers and websites designated by the Municipal People's Government shall arrange the particular timeslot, frequency, channel or space everyday to broadcast or publish the public meteorological forecast or severe weather warning.
The radio or televisions stations shall fix the timeslots for broadcasting meteorological forecast programs based on local audience's seeing and hearing customs and effects. Where the timeslots need to be changed due to special circumstances, the consent of the relevant meteorological offices or stations shall be obtained in advance; any severe weather warning or supplementary or corrected forecast that has a vital bearing on the national economy and people's well-being shall be added or inserted into other ongoing programs.
The meteorological offices or stations of this Municipality shall be responsible for producing meteorological forecast programs and guarantee the quality of meteorological forecast programs they have prepared.
Article 19 Such media as radio, television, newspaper, telecommunication and website and other information carriers to issue to the community meteorological forecast and severe weather warning of this Municipality shall use the latest meteorological information directly provided by the meteorological offices or stations subordinate to the competent meteorological departments while indicating the time of issue and the name of the offices or stations. Part of the revenues from the distribution of meteorological information shall be drawn to support the development of meteorological service.
Article 20 The radio administrative institutions and relevant telecommunication business units shall 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 law. No organizations or individuals may occupy or interfere with them.
Chapter IV Prevention of Meteorological Disasters
Article 21 The municipal and the district or county people's governments shall strengthen the construction of monitoring and warning systems for meteorological disasters, organize the competent meteorological department and other departments, in line with the characteristics of local meteorological disasters, to work out plans for prevention of meteorological disasters, and take effective measures to increase the capability of preventing such disasters.
The plans for prevention of meteorological disasters shall mainly include the following contents:
(1) principles and targets of prevention of meteorological disasters;
(2) circumstances and developing trends of meteorological disasters predicted and assessed;
(3) areas susceptible to meteorological disasters and key areas for prevention of such disasters;
(4) main tasks and measures for prevention of meteorological disasters; and
(5) construction of facilities for preventing meteorological disasters.
Article 22 The municipal and the district or county people's governments shall, in light of the needs for preventing meteorological disasters and the plans for prevention of meteorological disasters, work out the emergency plans for prevention of meteorological disasters, and based on the seriousness and emergency of the meteorological disasters, make arrangements for carrying out the corresponding emergency plans to avert or mitigate meteorological disasters.
Article 23 The competent meteorological departments at the Municipality and the district or county level shall make arrangements for joint monitoring and forecast of significant weather events among regions or departments and make assessment of severe weather disasters, which shall serve as the decision-making basis for the people's governments at the corresponding level to arrange prevention and mitigation of meteorological disasters.
The meteorological offices or stations of this Municipality shall improve their monitoring and forecast of severe weather which may probably impact the local community, such as rainstorm (snowstorm), cold wave, strong wind (sand and dust storm), low temperature, high temperature, drought, thunderstorm and lightning, hail, frost, fog, etc., and promptly report to relevant competent meteorological departments.
Article 24 The meteorological offices or stations subordinate to the competent meteorological department at the municipal level shall, in accordance with relevant provisions of the State and this Municipality, send out the early warning signals of meteorological disasters to the community based on the monitoring and forecast of severe weather.
Article 25 The competent meteorological departments at the municipality and the district or county level may utilize the public information broadcasting facilities installed in airports, railway stations, main traffic artery, scenic spots, busy areas and other densely-populated public areas to broadcast the information of severe weather warning.
Article 26 This Municipality encourages units and individuals to report the meteorological disasters timely to the local people's governments or the local competent meteorological departments. Once the local governments or the local competent meteorological departments receive the reports, they shall immediately organize personnel to do spot investigation of the meteorological disaster-stricken areas and timely report the matters to the governments at a higher level or the competent meteorological departments at a higher level.
Article 27 The municipal and the district or county people's governments shall, in accordance with the provisions of the Regulations on Administration of Weather Modification, arrange weather modification operations to prevent or mitigate meteorological disasters based on such weather forecast or severe weather warning as drought and hail.
The units engaged in weather modification operation shall establish and improve the responsibility system of safe operation and adopt safety precaution measures to ensure safety of operations.
Article 28 The following places and facilities shall install the devices for preventing thunder and lightening (hereinafter referred to as lightning prevention devices):
(1) the first, second and third type of buildings stipulated in the Design Code of Lightning Prevention for Buildings;
(2) computer information systems, communication facilities, broadcast and television facilities, self-control and monitoring facilities;
(3) sites and facilities for production, storing up and transportation, delivery and sale of such explosive and inflammable materials as oil, chemicals and gas;
(4) large-scale outdoor entertainment, amusement and sports facilities; and
(5) other places and facilities that are required to install lightning prevention devices by the State and this Municipality.
The lighting prevention devices installed shall conform to the use requirements stipulated by the State.
Article 29 The professional designing units and construction units of lightning prevention devices and the detection units of lightning prevention devices shall obtain corresponding qualifications in accordance with the provisions of the State and engage in the design, construction and detection activities within the grades and scopes of their qualifications.
The design of lightning prevention devices shall be checked. The devices that do not pass the check shall not be put into construction. Upon completion, the lightning prevention devices shall be accepted upon check. The devices unqualified upon check shall not be put into use. The check of the design and the acceptance upon completion of lightning prevention devices shall be conducted in accordance with relevant provisions of the State.
The lightning prevention devices installed shall be detected regularly in accordance with relevant provisions of the State.
Chapter V Exploitation and Protection of Climatic Resources
Article 30 The exploitation and protection of climatic resources shall stick to the principle of sustainable development, and the development and use shall be in a sound and comprehensive way, adapt to the local conditions, seek advantages and avoid disadvantages, and prevent damaging climatic resources.
Article 31 The municipal and the district or county people's governments shall strengthen the work relating to exploitation and protection of climatic resources and organize the development and extensive application of exploitation projects of climatic resources which have prominent effects.
Article 32 The competent meteorological department at the municipal level shall strengthen the overall survey and zoning of climatic resources, coordinate efforts in climate monitoring, analysis and assessment and in the monitoring of the atmosphere composition that may cause climate deterioration, and issue, at regular intervals, bulletins on climatic status of the whole city.
Article 33 This Municipality encourages units and individuals to fully utilize such climatic resources as solar and wind energy; and make extensive application of such technology as solar energy for family use and small-scale wind energy in rural areas adapting to their local conditions.
Article 34 The climatic feasibility studies relating to the city planning, key construction projects, major regional economic development projects and large-scale projects for exploitation of climatic resources such as solar and wind energy shall be conducted according to law.
The demonstration of climatic feasibility shall be conducted under organization of the competent meteorological departments.
Article 35 The weather modification institutions shall strengthen scientific and technological research of weather modification and carry out weather modification operations in proper meteorological conditions to develop the cloud water resources and increase the amount of water resources.
Chapter VI Legal Liability
Article 36 Whoever, in violation of the provisions of Article 10 of these Regulations, seizes, damages or destroys or relocates meteorological facilities without authorization, shall be ordered to stop these illegal acts, restore the original state or take other remedial measures, and may be fined not more than 50,000 yuan by the competent meteorological departments; and shall bear the compensation responsibility according to law where losses are caused; and criminal liability shall be investigated for where a crime is constituted.
Article 37 Whoever, in violation of the provisions of Article 13 of these Regulations, within the protected environs for meteorological observation, engages in activities which impair the environs for meteorological observation, shall be ordered to stop the illegal acts, restore the original state or take other remedial measures, and may be fined not more than 50,000 yuan by the competent meteorological departments; and shall bear the compensation responsibility according to law where losses are caused; and criminal liability shall be investigated for where a crime is constituted.
Article 38 Whoever, in violation of the provisions of the First Paragraph of Article 14 of these Regulations, issues to the community public meteorological forecast and severe weather warning, shall be ordered to make corrections and given a warning, and may be fined not more than 50,000 yuan by the competent meteorological departments.
Article 39 In violation of the provisions of Article 19 of these Regulations, such media as radio, television, newspaper, telecommunication and website and other information carriers failing to use the latest meteorological information directly provided by the meteorological offices or stations subordinate to the competent meteorological department when issuing to the community meteorological forecast and severe weather warning of this Municipality shall be ordered to make corrections and given a warning, and may be fined not more than 50,000 yuan by the competent meteorological departments.
Article 40 Whoever, in violation of the provisions of Article 28 of these Regulations, refuses to install lightning prevention devices that shall be installed and installs the lightning prevention devices that do not conform to the use requirements shall be ordered to make corrections within a prescribed time period by the competent meteorological departments, and the matters shall be handled according to law in compliance with relevant provisions of the State and this Municipality.
Article 41 Where the competent meteorological departments at the municipal and the district or county level impose administrative penalties on the violations of laws, regulations and rules relating to meteorology, they shall timely record the message of such illegal acts committed by relevant units into this Municipality's enterprise credit information system.
Article 42 The staff engaging in meteorological work in this Municipality 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 according to law; where 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 liability according to law.
Chapter VII Supplementary Provisions
Article 43 For the purpose of these Regulations, the definitions of the following terms are:
(i) Local meteorological projects refer to those projects initiated by the municipal and the district or county people's governments to meet the needs of local economic and social development, such as meteorological detection systems, meteorological communication systems, meteorological information processing systems, meteorological forecast systems, meteorological disaster monitoring and warning systems, meteorological service systems, weather modification, exploitation and protection of climatic resources, etc..
(ii) Early warning signals of meteorological disasters refer to the alert icons released to the community by the meteorological offices or stations that have the releasing power in order to prevent and mitigate the sudden meteorological disasters.
Article 44 These Regulations shall be effective as of March 1, 2006.