CMA
   

Chapter VII Legal Responsibility

Source:

    Article 35 Any unit or individual that, in violation of the provisions of this Law, commits one of the following acts shall be ordered by the relevant competent meteorological department within the limits of its authority to discontinue the violation and put the facilities and environs back to their former state or take other remedial measures within a time limit, and it/he may be fined not more than 50 000 yuan.  If losses are caused, the violator shall bear the compensation responsibility in accordance with law.  If the violation constitutes a crime, criminal responsibility shall be investigated in accordance with law: 
    (1)seizing, damaging, destroying, or relocating without approval meteorological facilities£»or
    (2)engaging in activities within the limits of the protected environs for meteorological observation, to the detriment of the environs.  

    Any unit or individual that illegally approves the occupation of land within the limits of the protected environs for meteorological observation or that erects buildings or installations on illegally occupied land within the said limits shall be punished in accordance with the relevant provisions of the City Planning Law of the People's Republic of China or the Land Administration Law of the People's Republic of China.  

    Article 36 Any unit or individual that, in causes harm violation of the provisions of this Law, by employing specialized equipment which does not meet the technical specifications shall be ordered by the relevant competent meteorological department within the limits of its authority to make rectification and be given a disciplinary warning and may also be fined not more than 50 000 yuan.  

    Article 37 Any unit or individual that, in violation of the provisions of this Law, installs lightning protection devices which do not meet the operational specifications shall be ordered by the relevant competent meteorological department to make rectification and be given a disciplinary warning.  If by using such devices it/he causes losses to others, it/he Shall bear compensation responsibility in accordance with law.

    Article 38 Any unit or individual that, in violation of the provisions of this Law, commits one of the following acts shall be ordered by the relevant competent meteorological department within the limits of its authority to make rectification and be given a disciplinary warning and also be fined may not more than 50 000 yuan£º
   (1)a unit or individual that unlawfully issues to the community public meteorological forecast or severe weather warning£»
   (2)when distributing to the community public meteorological forecast or severe weather warning, the media including radio, television, newspaper and telecommunication fail to use the latest meteorological information provided by the meteorological offices or stations subordinate to the competent meteorological departments£»or
   (3)when assessing the impact of construction projects on atmospheric environment, the unit that is in charge of making such assessment fails to use the meteorological data which are provided or examined by the competent meteorological department.  

    Article 39 In violation of the provisions of this Law, when carrying out weather modification operations, the organization that does not meet the qualifications prescribed by the competent meteorological department of a province, autonomous region or municipality directly under the Central Government conducts weather modification operations or, when doing so, uses the equipment which does not meet the technical specifications set by the competent meteorological department under the State Council shall be ordered by the relevant competent meteorological department within the limits of its authority to make rectification and be given a disciplinary warning and may also be fined not more than 100 000 yuan.  If it causes losses to others, it shall bear compensation responsibility in accordance with law.  If the violation constitutes a crime, criminal responsibility shall be investigated in accordance with law.  

    Article 40 Staff members working in the competent meteorological departments at different levels of meteorological offices or stations subordinate to the departments 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 in accordance with law.  If 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 responsibility in accordance with law. 

 





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