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People's Republic of China Environmental Protection Act (implemented since January 1, 2015)

Hits:1353  Release date:2014-12-2
Environmental protection law of the People's Republic of China (shall enter into force as of January 1, 2015)
Release date: 2014-04-26 source: environmental protection error correction [content] [font: big in small]
(on December 26, 1989 the seventh session of the 11th meeting of the standing committee of the National People's Congress by April 24th, 2014, the 12th session of the standing committee of the National People's Congress amended the 8th meeting of)
directory
The first chapter the general
Chapter ii supervision and management
Chapter iii protection and improvement of the environment
Chapter iv prevention and control of pollution and other public hazards
The fifth chapter information disclosure and public participation
The sixth chapter legal responsibility
The seventh chapter bylaws
The first chapter the general
Article 1 in order to protect and improve environment, prevent and control pollution and other public hazards, and protect the public health, promote the construction of ecological civilization, promote sustainable economic and social development, this law is enacted.
Referred to in article 2 in this environment, it is to point to influence human survival and development of all kinds of natural and artificial transformed natural factors of the overall, including atmosphere, water, ocean, land, minerals, forests, grasslands, wetlands, wildlife and natural sites, cultural relics, nature reserves, scenic areas, urban and rural, etc.
Article 3 this law shall apply to areas of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China.
Article 4 the protection of the environment is the basic national policy in the country.
Countries is conducive to saving and recycling resources, protect and improve environment and promote the human and the nature harmonious economic and technical policies and measures to make the coordinated economic and social development and environmental protection.
Article 5 of the environmental protection stick to protection priority, prevention first, comprehensive management, public participation, the principle of damage liability.
Article 6 all units and individuals shall have the obligation to protect the environment.
The local people's governments at various levels shall be responsible for the environmental quality of their respective administrative areas.
Enterprises, institutions and other producers and operators shall prevent, reduce environmental pollution and ecological destruction, for the damage caused by the responsibility according to law.
Citizens should strengthen environmental protection consciousness, adopting low carbon, frugal lifestyle, consciously fulfill their obligation to environmental protection.
Article 7 the state shall support the environmental protection science and technology research, development and application, encourage the development of environmental protection industry, promote the informatization construction of environmental protection, improve the level of environmental protection science and technology.
Article 8 the people's governments at all levels should increase the protection and improvement of the environment, prevent and control pollution and other public hazards of financial investment, improve the efficiency in using fiscal fund.
Article 9 people's governments at various levels shall strengthen the publicity and popularization of environmental protection, encourage autonomous mass organizations at the grass-roots level, social organizations, environmental protection volunteers to carry out the conduct propaganda of knowledge of environmental protection laws and regulations and environmental protection, create a good atmosphere to protect the environment.
Education administrative departments, the schools should put environmental protection knowledge into school education, cultivate the students' environmental protection consciousness.
News media shall conduct propaganda environmental protection laws and regulations and environmental protection knowledge, illegal behavior to carry on the supervision by public opinion to the environment.
Article 10 of the environmental protection administrative department under the state council, to exercise unified supervision over and administration of environmental protection work throughout the country. The competent department of environmental protection under the local people's governments at or above the county level, exercise unified supervision and management of the environmental protection work in their respective administrative areas.
Relevant departments and the army of the people's government above the county level environmental protection departments, in accordance with the provisions of the relevant laws on resources protection and pollution prevention, etc. Responsible for the supervision and administration of environmental protection work.
Article 11 the protection and improvement of the environment the units or individuals that have made significant achievements, by the people's government shall be rewarded.
Article 12 for environment day on 5 June every year.
Chapter ii supervision and management
Article 13 the people's governments at or above the county level shall put environmental protection into the national economic and social development plans.
The competent department of environmental protection under the state council in conjunction with relevant departments, according to the national economic and social development planning, the state environmental protection planning and implementation of the approval of the state council.
The competent department of environmental protection under the local people's governments at or above the county level shall, in conjunction with the relevant departments, according to the requirements of national environmental protection planning, the preparation of the environmental protection planning of their respective administrative areas, the people's government at the same level for approval and carried out.
The contents of the environmental protection planning shall include the goal of ecological protection and pollution prevention, task, safeguard measures, etc., and with the main body function area planning, general land use planning and urban and rural planning phase.
Article 14 the relevant departments of the state council and the people's governments of provinces, autonomous regions and municipalities directly under the central government to make economic and technical policies, should fully consider the impact on the environment, listen to the views of officials and experts.
Article 15 the competent environmental protection department under the state council shall establish national standards for environment quality.
People's governments of provinces, autonomous regions and municipalities directly under the central government in the national environmental quality standard, if there are no relevant provisions in the project may formulate local environmental quality standards; Has in the national environmental quality standards for project, may formulate stricter national environmental quality standard of local environmental quality standards. Regional environmental quality standards shall be submitted to the competent department of environmental protection under the state council for the record.
The state encourages the research on environmental benchmark.
Article 16. The competent department of environmental protection under the state council according to the national environmental quality standards and the national economic and technological conditions, establish national standards for pollutants discharge.
People's governments of provinces, autonomous regions and municipalities directly under the central government to the national emission standard if there are no relevant provisions in the project, may formulate local standards; To the national pollutant discharge standard has been stipulated by the project, you can formulate strict in national pollutant discharge standards of pollutants emission standards. Local standards shall be submitted to the competent department of environmental protection under the state council for the record.
Article 17 the state shall establish and improve the system of environmental monitoring. The competent department of environmental protection under the state council to monitor the specification, in conjunction with the relevant departments of the monitoring network, unified planning of national environmental quality monitoring stations (points) Settings, establish monitoring data sharing mechanism, strengthen the management of environmental monitoring.
Relevant industry, professional and other kinds of environmental quality monitoring stations (points) Settings should conform to the laws and regulations and monitoring specification requirements.
Monitor should be used in accordance with the national standard of monitoring equipment, compliance monitoring specification. Monitor and its head responsible for the authenticity and accuracy of monitoring data.
Article 18 the people's governments at or above the provincial level shall organize relevant departments or entrust a specialized agencies, the environmental investigation, evaluation, establish environmental carrying capacity of resources monitoring and early warning mechanism.
Article 19 the exploitation and utilization planning, project construction impact on the environment, making the environmental impact assessment shall be in accordance with the law.
Not according to law for the development and utilization of the environmental impact assessment plan shall not organize their implementation; Not according to law for environmental impact assessment of construction projects shall not be started.
Article 20 the state shall establish the focus areas across the administrative areas, watershed prevention and control of environmental pollution and ecological destruction joint coordination mechanism, unified planning, unified standards, unified monitoring, prevention and control measures.
Across the administrative areas other than those listed in the preceding paragraph, for prevention and control of environmental pollution and ecological destruction by the superior people's government shall coordinate to solve, or a negotiated solution by the local people's government.
Article 21 the state shall adopt fiscal, taxation, price, aspects and so on government procurement policies and measures to encourage and support the environmental protection technology and equipment, comprehensive utilization of resources and environmental services such as the development of environmental protection industry.
Article 22 enterprises, institutions and other production operators, on the basis of pollutant discharge in accordance with legal requirements, further reducing emissions, shall be in accordance with the law of the people's government of fiscal, taxation, price, aspects and so on government procurement policies and measures to encourage and support.
Article 23 enterprises, institutions and other producers and operators, in order to improve the environment, in accordance with the relevant provisions, shut down production, move, the people's government shall support.
Article 24 people's governments at or above the county level shall be entrusted by the competent department of environmental protection and environmental monitoring agencies and other departments responsible for the supervision and administration of environmental protection, the right to discharge of pollutants of enterprises, institutions and other producers and operators to on-site inspection. The inspectors shall truthfully report the situation to them and provide them with the necessary information. To conduct inspections of departments, institutions and their staff shall keep business secrets for the inspection.
Article 25 the enterprises and institutions, and other production operators in violation of the provisions of laws and regulations on emissions, cause or may cause serious pollution, the people's governments at or above the county level by the competent department of environmental protection and other departments responsible for the supervision and administration of environmental protection, can seal up, distrain of pollutants discharge facilities and equipment.
Article 26 the state shall practise a system of environmental protection target responsibility system and evaluation. People's governments at or above the county level shall incorporate the environmental protection target completion to the people's government at the corresponding level and the departments responsible for the supervision and administration of environmental protection and its head, and people's governments at lower levels and the head of the appraisal content, as the important basis for the evaluation. The assessment results should be publicly to the society.
Article 27 the people's government at or above the county level shall annually to the people's congresses at the corresponding levels or the people's congress standing committee report target completion, environmental conditions and environmental protection to the significant environmental incidents shall timely report to the standing committee of the people's congresses at the corresponding levels, be subject to supervision in accordance with the law.
Chapter iii protection and improvement of the environment
Article 28 the local people's governments at various levels shall, according to the environmental protection target and the task, take effective measures to improve the environment quality.
Key areas that do not meet the national environmental quality standards, the relevant local people's government, shall formulate standard planning within a time limit, and take measures timely to standard.
Article 29 the state in the key ecological function areas, ecological and environmental sensitive area and fragile district zoning ecological protection line, strict protection.
The people's governments at various levels of representative area of the various types of natural ecosystem, natural distribution area of rare and endangered wild animals and plants, the important water conservation area, geological structures of major scientific and cultural value, famous caves and fossil distribution area, glaciers, volcanoes, hot springs and other natural sites, as well as cultural relics, fomous trees, should take measures to protect, it is forbidden to damage.
Article 30 the exploitation and utilization of natural resources, should be reasonable development, biodiversity conservation, ecological safety, formulate relevant ecological protection and recovery control scheme and implementation.
Introduce foreign species, and the research, development and use of biotechnology, measures shall be taken to prevent the destruction of biodiversity.
Article 31 the state shall establish and improve the ecological compensation system.
The more and more fiscal transfer payment for ecological protection area. The relevant local people's governments shall implement ecological compensation funds, ensure the compensation for ecological protection.
National guidance benefit and ecological protection areas through consultation or the people's government shall, in accordance with the rules of the market for ecological compensation.
Article 32 the state to strengthen the protection of the atmosphere, water, soil, etc, establishing and perfecting the corresponding system of investigation, monitoring, evaluation and repair.
Article 33 people's governments at various levels shall strengthen the protection of agricultural environment and promoting agricultural environmental protection the use of new technology, to strengthen the monitoring and early warning of agricultural pollution, the relevant departments to take measures as a whole, the prevention and control of pollution and land desertification, soil salinization, impoverishment, prevention and control of desertification, land subsidence, and vegetation destruction, soil erosion, water eutrophication, water sources dry up and provenance destroy ecological imbalance phenomenon, promoting integrated control of plant diseases and insect pests.
People's government at the county and township level shall improve the level of rural environmental protection public service, promote the comprehensive improvement of the rural environment.
Article 34 the state council and the coastal local people's governments at various levels shall strengthen the protection of the Marine environment. From discharging pollutants into the sea, the dumping of wastes, coastal and ocean engineering construction, shall comply with the relevant laws and regulations and standards, prevent and reduce the pollution damage to the Marine environment.
Article 35 the urban and rural construction should be combined with the characteristics of the local natural environment, protection of vegetation, waters and the natural landscape, strengthen city garden, green space and the construction and management of scenic areas.
Article 36 the state shall encourage and guide the citizens, legal persons and other organizations use to protect the environment of the products and recycled product, reduce the generation of waste.
The state organs and the use of fiscal funds of other organizations shall have the priority to purchase and use of energy saving, water saving, material saving and other beneficial to environmental protection products, equipment and facilities.
Article 37 the local people's governments at various levels shall take measures to organize for the classification of life waste disposal and recycling.
Article 38 citizens shall comply with the environmental protection laws and regulations, cooperate with the implementation of environmental protection measures, classified according to the regulation of life waste, reduce the daily life of the damage to the environment.
Article 39 the state monitoring, establish and improve the environment and health survey and risk assessment system; Encourage and organize to carry out the environmental quality in the study of the public health impact, take measures to prevent and control diseases associated with environmental pollution.
Chapter iv prevention and control of pollution and other public hazards
Article 40 the state promotes cleaner production and resource recycling.
The relevant departments of the state council and local people's governments at various levels shall take measures to promote the production and use of clean energy.
Enterprises shall give priority to the use of clean energy, the use of high resource utilization, reduced discharge of pollutants techniques, equipment and comprehensive utilization of waste and pollution disposal technology, reduce pollutants.
Article 41 facilities construction projects to prevent and control pollution, should with the principal part of the project designed, constructed and put into use at the same time. Pollution control facilities shall comply with the approved environmental impact assessment documents, shall not dismantle or idle.
Article 42 of the discharge of pollutants production operators, enterprises and institutions, and other measures shall be taken to control in the production of construction or other activities and causing waste gas, waste water, waste, medical waste, dust, odorous gases, radioactive substances, noise, vibration, radiation and electromagnetic radiation pollution to the environment and harm.
Discharge of pollutants of enterprises and institutions shall establish environmental protection responsibility system, clear the responsibility of the unit leaders and related personnel.
Units shall, in accordance with the relevant provisions of the state and key monitoring specification use monitoring equipment installation, ensure the normal operation of monitoring equipment, keep the original monitoring record.
Forbidden by drainage tubes or pits, crevices or perfusion or tampered with, forge the monitoring data, or not normal operation of pollution control facilities from regulatory way illegal discharge of pollutants.
Article 43 of the discharge of pollutants, enterprises, institutions and other production operators shall pay a pollutant discharge fee in accordance with the relevant provisions of the state. All discharge shall be specially used for prevention and control of environmental pollution, no unit or individual may intercept or use or used for any other purposes.
In accordance with the law to collect environmental protection tax, is no longer a pollutant discharge fee.
Article 44 the state shall practise a system of key pollutant total amount control. The key pollutant total amount control target issued by the state council, and carrying out the people's governments of provinces, autonomous regions and municipalities directly under the central government. Enterprises and institutions in the implementation of national and local standards at the same time, should observe the decomposition to the key pollutant total amount control targets of the unit.
On more than the national key pollutant total amount control target or incomplete environmental quality target areas designated by the state, department of environmental protection under the people's government at or above the provincial level for examination and approval of the new key pollutant total amount shall be suspended the construction project environmental impact assessment documents.
Article 45 the state shall practise a system of tradable permits management in accordance with the law.
Implement blowdown license management of enterprises, institutions and other production operators shall be in accordance with the requirements of the emission permits the discharge of pollutants; In discharge permit, may not be the discharge of pollutants.
Article 46 the state of processes, equipment and products of serious environmental pollution applies an elimination system. No unit or individual may produce, sell or transfer of severe environmental pollution, the use of technology, equipment and products.
Prohibits the introduction of our environmental protection is not in conformity with the provisions of the technology, equipment, materials and products.
Article 47 people's governments at all levels and relevant departments and enterprises and institutions shall, in accordance with the emergency response law of the People's Republic of China, make emergency environmental accidents of risk control, emergency preparedness, emergency disposal and recovery, etc.
The people's governments at or above the county level shall establish a public environmental pollution monitoring and early warning mechanism, organize to set up early warning plan; The pollution of environment, may affect public health and environmental safety, shall promptly release early warning information to start the emergency measures.
Enterprises and institutions shall be formulated in accordance with the relevant provisions of the state emergency environmental accidents emergency plan, the administrative department of environmental protection and the relevant departments for the record. When the emergency environmental accidents happened or may happen, enterprises and institutions shall take immediate measures to deal with, timely notification may be harm to the units and residents, and report to the competent department of environmental protection and the relevant departments.
Abrupt environment affairs after the emergency work, the people's government concerned shall immediately organization assessment, environmental impact and the losses resulting from the event and will evaluate the results to the public in a timely manner.
Article 48 the production, storage, transportation, sales, use and disposal of chemicals and other radioactive substances, shall abide by the relevant provisions of the state, to prevent pollution of the environment.
Article 49 the people's governments at various levels and agricultural departments and institutions shall guide agricultural production operator scientific planting and breeding, scientific and reasonable use of pesticides, fertilizers and other agricultural inputs, scientific disposition of agricultural film, crop straw and other agricultural waste, prevent agricultural non-point source pollution.
It is forbidden to do not accord with standard of agricultural and environmental protection standard of solid waste, waste water into the fields. The pesticide, fertilizer and other agricultural inputs and for irrigation, measures shall be taken to prevent environmental pollution by heavy metals and other toxic and harmful substances.
Livestock and poultry farms, breeding, fixed-point slaughtering enterprises such as site selection, construction and management shall be in conformity with the relevant laws and regulations. Units and individuals engaged in livestock and poultry breeding and slaughter measures shall be taken to the livestock and poultry dung, body, and sewage disposal waste such as science, prevent environmental pollution.
People's government at the county level shall be responsible for the organization of rural life waste disposal work.
Article 50 the people's governments at various levels shall allocate funds in the budget, to support rural drinking water source protection, sewage and other waste management, livestock and poultry breeding and slaughter pollution control, prevention and cure of soil pollution and environmental protection work such as rural industrial pollution control.
Article 51 the people's governments at various levels shall balance urban and rural construction of sewage treatment facilities and supporting pipe network, solid waste collection, transportation, and disposal of environmental sanitation, hazardous waste concentrated disposal facilities, venues and other public facilities, environmental protection and guarantee their normal operation.
Article 52 the state encourages insured environmental pollution liability insurance.
The fifth chapter information disclosure and public participation
Article 53 citizens, legal persons and other organizations shall have the right of access to environmental information, participation and supervision of the right of environmental protection.
People's governments at various levels by the competent department of environmental protection and other departments responsible for the supervision and administration of environmental protection shall, in accordance with the public environment information, perfect the public participation in the program, for citizens, legal persons and other organizations to participate in and facilitate the supervision of environmental protection.
Article 54 released by the competent department of environmental protection under the state council in a unified national environmental quality, the key pollution sources monitoring information, and other significant environmental information. People's governments at or above the provincial level by the competent department of environmental protection environmental status report on a regular basis.
The people's governments at or above the county level by the competent department of environmental protection and other departments responsible for the supervision and administration of environmental protection, shall be in accordance with the public environmental quality, environmental monitoring, emergency environmental accidents and environmental administrative licensing, administrative penalty, the information such as the collection and usage of pollutant discharge fee.
The competent department of environmental protection under the local people's governments at or above the county level and other departments responsible for the supervision and administration of environmental protection, enterprises, institutions and other producers and operators shall be illegal information recorded in the social credit archives of environment, the offenders list timely to the society.
Article 55 units shall truthfully publicly to the society the key way of the name of the main pollutants and discharge, discharge concentration and total amount, excess emissions, as well as the construction and operation of pollution control facilities, accept social supervision.
Article 56 to environmental impact statements shall be prepared in accordance with the construction project, the construction unit shall when compiling explain could be affected by the public situation, fully for advice.
Responsible for examination and approval of construction project environmental impact assessment documents department upon receipt of the construction project environmental impact report, except for matters involving state secrets and business secrets, shall be in full open; Found that construction project did not fully solicit opinions from the public, should instruct the construction unit to solicit public opinion.
Article 57 the citizens, legal persons and other organizations to find any unit and individual have environmental pollution and ecological damage behavior, shall have the right to the competent department of environmental protection and other departments responsible for the supervision and administration of environmental protection.
Citizens, legal persons and other organizations to find the local people's governments at various levels and the people's governments at or above the county level by the competent department of environmental protection and other responsible for the supervision and administration of the environmental protection department shall perform their duties according to law, shall have the right to report its superior organ or the supervisory organ.
Shall be reported the authorities to accept for a whistleblower information confidential, to protect the lawful rights and interests of the person.
Article 58 of environmental pollution, ecological damage, damage to the behavior of the social and public interests, meet the following conditions of social organizations can to people court to lodge a complaint:
(a) in accordance with the law in the civil affairs department under the people's government at or above the level of district-constituted municipalities registration;
(2) is specialized in environmental protection public welfare activities for five consecutive years and no illegal record.
Conform to the provisions of the preceding paragraph of the social organizations filed a lawsuit to a people's court, the people's court shall accept it according to law.
Filed a lawsuit in the social organizations shall not through litigation to seek economic interests.
The sixth chapter legal responsibility
Article 59 the enterprises and institutions, and other illegal discharge of pollutants, the production operators are fine, was ordered to make corrections, and refused to correct, can make a decision on punishment in accordance with the administrative authority since shall be ordered to correct the date of the next day, according to the original penalty amount on a daily basis for punishment.
Fine punishment prescribed in the preceding paragraph, in accordance with the relevant laws and regulations in accordance with the pollution prevention facility running cost, direct loss or illegal behavior factors determine the provisions of the illegal income.
Local rules and regulations can be based on the actual needs of environmental protection, increase of the first paragraph of the type of successive punishment for violation of the law by the day.
Article 60 enterprises, institutions and other production operators over pollutant emission standards or over key pollutants discharge pollutants total quantity control index, department of environmental protection under the people's government at or above the county level may order them to adopt measures to limit production, production control, etc. If the circumstances are serious, reported to have approval from the approval of the people's government, shall be ordered to shut, shut down.
Article sixty-one of the construction unit is not submitted in accordance with the environmental impact assessment of construction project environmental impact assessment documents or files without approval, construction, without authorization by the departments responsible for the supervision and administration of environmental protection shall be ordered to stop the construction, shall be fined, and can be ordered to recover.
In violation of the provisions of article sixty-two of the key units do not open or not according to the facts of public environmental information, by the competent department of environmental protection under the local people's governments at or above the county level shall order the public, impose a fine, and make a public announcement.
Article sixty-three enterprises and institutions, and other production operator is one of the following behavior, does not yet constitute a crime, in addition to will be punished in accordance with the stipulations of relevant laws and regulations, by the people's governments at or above the county level or by the competent department of environmental protection of other relevant departments, transfer the case to the public security organs, the person in charge with direct responsibility and other persons directly responsible, more than 10 days detention less than 15 days; If the circumstances are lighter, more than five days detention less than 10:
(a) not in accordance with the law of environmental impact assessment of construction projects, and was ordered to stop construction, refused to carry out;
(2) in violation of the provisions of laws, has not obtained from discharging pollutants discharge permit, shall be ordered to stop the pollution, refused to carry out;
(3) through the drainage tubes or pits, crevices or perfusion or tampered with, forge the monitoring data, or normal operation of pollution control facilities not evade supervision way illegal discharge of pollutants;
(4) production, using the state's ban on the production, the use of pesticides, was ordered to make corrections, and refused to correct.
Article sixty-four damage due to environmental pollution and ecological damage, the shall, in accordance with the law of the People's Republic of China tort liability law "the relevant provisions of the tort liability.
Article sixty-five of the environmental impact assessment system, environmental monitoring, and engaged in the environmental monitoring equipment and pollution control facilities maintenance and operation of institutions, in the environmental services activities related to fraud, the responsibility for environmental pollution and ecological destruction caused by, in addition to will be punished in accordance with the stipulations of relevant laws and regulations, shall also with other responsible environmental pollution and ecological destruction are jointly and severally liable.
Article sixty-six the environmental damages litigation limitation period of three years, from the party knows or should know that the moment when it becomes impaired.
Article sixty-seven the superior people's governments and their departments should strengthen the environmental protection of people's governments at lower levels and the departments concerned to the supervision of the environmental protection work. Found illegal behavior, the relevant working personnel shall give punishment according to law, shall appoint or remove the organ or the supervisory organ dispose Suggestions are put forward.
Shall give administrative punishment in accordance with the law and the relevant competent department of environmental protection shall be given administrative punishment, the competent department of environmental protection of the people's government at the upper level can directly make a decision on administrative penalty.
Article sixty-eight local people's governments at various levels and the people's governments at or above the county level by the competent department of environmental protection and other departments responsible for the supervision and administration of environmental protection has one of the following ACTS, the person in charge directly responsible and other directly responsible personnel give give a demerit, or demotion; Thereby causing serious consequences, to give sacked or expelled, the principal shall resign:
(a) do not conform to the administrative licensing conditions of grant an administrative license;
(2) to shield the environmental illegal activities;
(3) in accordance with the law shall take the decision of closure, closed and did not make;
(4) for excessive discharge of pollutants, adopt the way of escape regulation discharge of pollutants and environmental accidents and not to carry out the ecological damage caused by ecological protection measures, etc, found or receiving reports was not timely investigation;
(5) in violation of the provisions of this law, seal up, distrain enterprises and institutions, and other production facilities and equipment of the business operator;
(6) tampered with, forge or instigating tampered with, forge monitoring data;
(7) shall be in accordance with the public environmental information and did not open;
(8) will collect the discharge of intercept or use or used for any other purposes;
(9) laws and regulations of other illegal ACTS.
Article sixty-nine in violation of the provisions of this law, if the case constitutes a crime, shall be investigated for criminal responsibility according to law.
The seventh chapter bylaws
Article seventy of this law shall come into force on January 1, 2015.
  
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