Act on Addressing Climate Change (Draft Proposal)
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Chapter 9 Legal Liabilities
Article 102 (Action Disciplinary on The nation Organ Staff) Where any department exercises authority of supervision and management in accordance with the provisions of this Act, makes administrative license or approval document not in accordance with the act, are found that it has any act in violation of the Law, or does not dispose any illegal act after having received reports or perform its responsibilities of administration and supervision according to law, the people's government at the same level or a higher level shall order it to make corrections and punish the person-in-charge and others who have direct responsibilities.
Article 103 (Action Disciplinary on the Main Person in Charge of the Local People's Government) The main person in charge shall be punished when local people's governments do not complete the assessment objectives of the regional energy conservation.
Article 104 (Regional and Corporate Certified Limit) Departments exercise authority of supervision and management in accordance with the provisions of this Act shall suspend the approval of high energy consumption, new construction projects and expansion or reconstruction projects in areas where targets of addressing climate change are not completed. Departments exercise supervision and management in accordance with the provisions of this Act shall suspend the approval of new greenhouse gas emissions allowances of new construction projects and expansion or reconstruction projects when enterprise groups fail to finish the energy conservation task.
Article 105 (Penalties on Enterprises and Institutions) Any unit who refusing an on-site inspection by department exercising authority of supervision and management, or resorting to deception shall be ordered to set it right and fined at least CHY30,000 but not exceeding CHY200,000.
Article 106(Penalties on Enterprises and Institutions) Any unit who, in violation of the provisions of this Act, commits any of the following acts, the department exercising supervision and management in accordance with the provisions of this act, pursuant to the limits of power, shall order the unit to set it right and may also impose a fine at least CHY30,000 but not exceeding CHY200,000:
(A) in violation of the products mandatory elimination of requirements;
(B) in violation of the greenhouse gas emissions allowance trading rules;
(C) in violation of the provisions to supply, electricity, loans and water to new construction projects and expansion or reconstruction projects not meeting the energy conservation requirements.
Article 107 (Penalties on Enterprises and Institutions) Any unit who, in violation of the provisions of this Act, commits any of the following acts, the department exercising supervision and management in accordance with the provisions of this act, pursuant to the limits of power, shall order the unit to set it right and may also impose a fine at least CHY30,000 but not exceeding CHY200,000; a fine at least CHY200,000 but not exceeding CHY 1,000,000 shall be imposed if the unit don't set it right on expiration of the time limit :
(A) constructing projects without approval of energy conservation and greenhouse gas emissions reduction pre-assessment;
(B) refusing to report or submitting a false report on registration matters;
(C) not carrying out monitoring or accounting on greenhouse gas emissions in accordance with regulations;
(D) failing to retain the original ledger or breach of information input, submitted provisions;
(E) other behaviors in violation of the provisions of energy conservation and emission reduction.
Article 108 (Penalties on Enterprises and Institutions) If any unit, in violation of the provisions of this Act, puts into production or to use the principal part of project without obtaining the greenhouse gas emission allowances, the development and reform department of the local people's government at or above the county level, pursuant to the limits of power, shall order the unit to suspend production or use, and may also impose a fine at least CHY100, 000 but not exceeding CHY 1,000,000.
Article 109 (Penalties on Enterprises and Institutions) If any unit, in violation of the provisions of this Act, emits greenhouse gas exceeding its allowances, the development and reform department of the local people's government at or above the county level, pursuant to the limits of power, shall order the unit to take effective energy conservation measures within a time limit, by adopting internal bubble policy and market transactions for emission allowances, and impose a fine at least five times but not more than ten times of the greenhouse gas emissions allowances fees. The accumulative total time to take energy conservation measures shall not exceed one year. People's governments at or above the county level shall, pursuant to the limits of power, order the unit to close down if it fails to take effective measures within the time limits.
If any unit, in violation of the provisions of this Act, emits greenhouse gas when its energy efficiency not meeting low-carbon standards, the development and reform department of the local people's government at or above the county level, pursuant to the limits of power, shall order the unit to take effective energy conservation measures within a time limit, by adopting internal bubble policy and market transactions for emission allowances, and impose a fine at least five times but not more than ten times of the greenhouse gas emissions allowances fees. The accumulative total time to take energy conservation measures shall not exceed one year. People's governments at or above the county level shall, pursuant to the limits of power, order the unit to close down if it fails to take effective measures within the time limits.
If any unit, in violation of the provisions of this Act, emits greenhouse gas exceeding its allowances at the same time its energy efficiency not meeting low-carbon standards, the development and reform department of the local people's government at or above the county level, pursuant to the limits of power, shall order the unit to take effective energy conservation measures within a time limit, by adopting internal bubble policy and market transactions for emission allowances, and impose a fine at least ten times but not more than twenty times the greenhouse gas emissions allowances fees. The accumulative total time to take energy conservation measures shall not exceed one year. People's governments at or above the county level shall, pursuant to the limits of power, order the unit to close down if it fails to take effective measures within the time limits.
Article 110 (Penalties on Enterprises and Institutions) If any unit, in violation of the provisions this Act, manufactures, sells, imports or uses equipment that is prohibited from being manufactured, sold, imported or used or employs production techniques that are prohibited from being employed, the development and reform department of the people's government at or above the county level shall order to set it right and fine at least CHY100,000 but not exceeding CHY1,000,000; if the violation is serious, the development and reform department of the people's government at or above the county level of the people's government at or above the county level shall submit a proposal to the people's government at the same level that it, order the unit to suspend operation or to close down.
Article 111(Penalties on Heads of Enterprises and Institutions) Heads of enterprises and institutions failing to finish the task of energy conservation and emission reduction shall be fined half of the salaries gained from units last year by departments exercising supervision and management in accordance with the provisions of this Act.
Article 112(Legal Remedy) A party that refuses to accept the decision on administrative penalty may, within 15 days from the date of receiving the notification, brings a suit in a People's Court or apply for administrative reconsideration; if the party, upon expiration of the period, neither brings a suit nor apply for administrative reconsideration, or not complies with the decision, the organ which made the decision on the penalty shall apply to the People's Court for enforcement.
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