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Decree of the People’s Government of Hebei Province〔2012〕No.16

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Decree of the People’s Government of Hebei Province

2012No.16

Measures of Hebei Province on the Protection of Civil Airport Clearance and Electromagnetic Environment, adopted at the 115th?Executive Meeting of the People’ s Government of Hebei Province on December 28, 2012, are hereby promulgated and shall become effective as of February 1, 2013.

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Governor Zhang Qingwei

December 28, 2012

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Measures of Hebei Province on Protection of Civil Airport Clearance and Electromagnetic Environment

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Chapter I General Provisions

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Article?1?With a view to protecting civil airport clearance and electromagnetic environment and?ensuring the security?of civil aviation and safety of the people’s life and property, these measures are formulated in accordance with Civil Aviation Law of the People's Republic of?China?and Regulations of Civil Airport Management and other relevant laws and regulations and in light of actual conditions of this Province.

Article 2?These measures apply to the protection of civil airport (including the civil airport joint-used by military for civil?purpose) clearance and electromagnetic environment within the administrative region of this Province.

Article 3?The people's governments at or above the county level in the place where the civil airport is located shall strengthen their leadership in the protection of civil airport clearance and electromagnetic environment, incorporate the same into their local annual target evaluation system for safety production responsibility, and establish and improve an accountability system and related coordination mechanisms to research and resolve major problems arising from the work.

Article 4?Any department of civil aviation management under the leadership of the people's government at or above the county level in the place where the civil airport is located (hereinafter referred to as ?“competent civil aviation department”) shall be responsible for the protection of the civil airport clearance and electromagnetic environment within its administrative region. And other relevant departments shall, in compliance with their respective functions and duties, accomplish well protecting the civil airport clearance and electromagnetic environment.

Civil Aviation North China Regional Administration (hereinafter referred to as “civil aviation administrative agency”) is responsible for the industry supervision and administration on civil airport clearance and electromagnetic environment protection.

Any civil airport administrative agency shall exercise its routine management of protecting the airport clearance and electromagnetic environment.

Article 5?Any unit or individual shall have the right to report security perils of civil airport clearance and electromagnetic environment or behaviors that may endanger the safety of civil airport clearance and electromagnetic environment to the?competent civil aviation department and other relevant departments. Upon receipt of such reports, the department in question shall take appropriate actions to address the problems according to law?and keep it a secret for the whistleblower.

Article 6?The people's government at or above the county level in the place where the civil airport is located, the competent civil aviation department and the civil airport administrative agency shall publicize and popularize knowledge of civil airport clearance and electromagnetic environment protection by taking various forms, thus raising the citizen’s awareness to protect civil airport clearance and electromagnetic environment.

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Chapter II Airport Clearance Protection

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Article 7?Any civil airport administrative agency shall make obstacle limitation charts as required by the?overall planning of the airport and in accordance with relevant national technical standards for aircraft movement area. Where the overall planning of the civil airport is to be adjusted, the obstacle limitation charts?shall be adjusted accordingly.

All obstacle limitation charts?shall be submitted by the civil airport administrative agency to the departments of urban and rural planning, land and resources and the competent meteorological department of the people’s government at or above the county level in the place where the civil airport is located to be put on record for reference.

Article 8?Any civil airport clearance protection zone shall be defined by the civil aviation administrative agency and the people’s government at or above the county level in the place where the civil airport is located in accordance with the relevant national regulations, and promulgated to society.

Article 9?The people’s government at or above the county level in the place where the civil airport is located shall incorporate civil airport clearance protection zones into the overall plan for the land utilization and overall city?planning to manage as a whole.

Article 10?The development and reform department of the people’s government at or above the county level shall review the construction project within civil airport clearance protection zones, check if the project meets the standards for the protection of civil airport clearance environment and submit written reports to the civil aviation administrative agency for advice.

Article 11?With respect to the construction and extension of a civil airport, an announcement shall be issued in the major local media by the local people’s government at or above the county level in the place where the civil airport is located,?and posted in areas around the airport to be constructed or extended.

Buildings, structures, trees, lights and other obstacles that have already existed before the issue of the announcement concerning the construction and extension of a civil airport and might affect flight safety within the legally defined airport clearance protection zones shall be removed within the prescribed time limit by the obstacle owners under the supervision of the local people’s government at or above the county level or other commissioned departments in the place where the civil airport is located; the loss caused thereby shall be compensated or other remedial measures shall be legally taken by the unit that builds the civil airport.

After the issue of the announcement concerning the construction and extension of a civil airport, such obstacles as buildings, structures, trees and lights that may affect flight safety shall not be built, planted or put up by any unit or individual within the airport clearance protection zones.

Article 12?The following activities are prohibited within the civil airport clearance protection zones:

?(1) The construction of buildings or facilities over limited height of civil airport clearance obstacles;

?(2) The emission of large amount of smoke, dust, flames and waste gas that will possibly affect flight safety in the air;

?(3) The construction of buildings or facilities that will affect flight safety such as shooting range and storage of strong explosives, etc;

(4) The installation of lights, signs or objects that will affect the use of airport visual navaid or the pilots’ sight;

(5) Activities that will affect the safety of civil airport such as erecting buildings, planting trees, digging and storing within 5 meters away from the range of the defined airport;

(6) Growing of plants that will affect flight safety or the use of airport visual navaid;

(7) Flying pilotless free balloons, tethered balloons, kites, Kongming lanterns and other lift-off objects;

(8) Releasing birds that will affect flight safety;

(9) Burning crop straw, garbage and other materials that will create a lot of smoke;

(10) Setting off firecrackers and fireworks that will blast off into sky; and

(11) Other activities that will affect civil airport clearance protection in accordance with the regulations of the State.

Any unit or individual engaged in the activities listed in the preceding articles outside civil airport clearance protection zones shall not affect the safety of civil airport clearance.

Article 13?The construction of a shooting range or other facilities that will possibly affect flight safety is prohibited within the area of 30 kilometers away from the range of an air route.

Article 14?The people's government at or above the county level in the place where the civil airport is located shall organize the competent civil aviation department, the civil airport administrative agency and other related departments to confirm and promulgate the limited height and specified area of surroundings, such as erecting buildings; planting trees; setting off firecrackers, fireworks and flames; releasing pilotless free balloons, tethered balloons, kites, Kongming lanterns and other lift-off objects, and make the information known to the public.

Article 15?The owner of any building or facility that reaches the limited height and affect flight safety under the civil aviation technical codes shall install aviation obstruction lights, signs and keep them in normal condition as required by relevant national regulations.

Article 16?When any power transmission tower beyond 220,000 Volts is set in the civil airport clearance protection zone, aviation obstruction lights or signs shall be installed and be kept in normal condition as required by relevant national regulations. Related materials and documents shall be provided to the civil aviation administrative agency, the civil airport administrative agency and the air traffic administrative department of civil airport.

Article 17?Activities of flying pilotless free balloons, tethered balloons outside the civil airport clearance protection zone are subject to the legal approval from the local meteorological service agency and shall not threaten the safe flight of the civil aircraft. Any unit or individual that flies the above objects shall report to both the flight control department and the local meteorological service agency immediately when the following situations that might affect flight safety happen:

1The pilotless free balloons appear to be in abnormal operation;

2The tethered balloons accidently break away from the mooring;?and

3Other unusual situations that possibly affect the flight safety.

Article 18?When birds are within the range of the defined civil airport as their activities will?constitute?threats?to?the?safe?flight?of?the?aircraft,?the civil airport administrative agency shall deal with the situation by driving the birds away or taking other necessary measures.

When birds exist outside the range of the defined civil airport but within the clearance protection zone, and their activities will?constitute?threats?to?the?safe?flight?of?the?aircraft, the local people's government in the place where the civil airport is located shall arrange for relevant departments to take measures to eliminate the hidden threats, and the civil airport administrative agency shall coordinate with the people’s government in such efforts.

A pigeon Association shall improve the management of its membership, strictly abide by relevant regulations in activities such as flying pigeons or organizing competitions, and shall not affect the security of the civil airport clearance.

Article 19?The civil airport administration shall reinforce the inspection of its airport clearance conditions. Activities that affect clearance safety shall be stopped immediately and related written reports shall be submitted to the local people's government at or above the county level and the competent civil aviation department. The competent civil aviation department shall take effective measures to eliminate the threats to flight safety.

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Chapter III Electromagnetic Environment Protection

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Article 20?Any civil airport electromagnetic environment protection zone shall be defined jointly by the?civil aviation radio?administrative agencies of this Province and the city divided into districts, together with the civil aviation administrative agency in accordance with the relevant national radio management provisions and normsand shall be made known to the public.

Acivil?aviation?electromagnetic?environment?protection?zone?includes the?civil aviation radio station electromagnetic environment protection zone and civil airport flying area electromagnetic environment protection zone within the overall planning area of civil airport.

Article 21?The installation and use of non-civilian aviation radio stations within the civil airport electromagnetic environment protection zone shall be examined and approved in accordance with?relevant?national radio management regulations, after the?civil aviation radio?administrative agencies of this Province and the city divided into districts consult the civil aviation administrative agency.

Article 22?The?civil aviation radio?administrative agencies of this Province and the city divided into districts shall sharply focus on the protection of civil aviation radio stations, and the civil airport administrative agency shall render cooperation.

Article 23?Within the civil aviation radio station electromagnetic environment protection zone, the following activities shall be prohibited:

(1) Constructing overhead high voltage transmission lines, overhead wires, railways, highways and electric power irrigation stations;

(2) Storing metal deposit;

(3) Planting tall plants;

(4) Engaging in activities such as digging, sand mining and quarrying which might change landforms;?and

(5) Other activities which might negatively affect civil airport electromagnetic environment as provided for by the State.

Article 24?The radio transmission device stations and other equipments installed and used by any unit and individual shall not disturb the normal use of civil aviation radio special frequency.

Article?25?Once?the?disturbance?of?the?civil?aviation?radio special?frequency?is?detected, the civil airport administrative agency and the civil aviation administrative agency shall immediately take measures to troubleshoot and eliminate the disturbance. If the disturbance cannot be eliminated, such a situation shall be reported to the radio management organization in the place where the civil airport is located. The radio management organization shall take measures and investigate the illegal acts according to law.

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Chapter IV ?Legal Liabilities

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Article 26?Where the competent civil aviation department of the people’s government at or above the county level and relevant departments as well as staff members who abuse their powers, neglect their duties, seek their?own?benefits?through?fraudulent?means and conceal illegal?behaviors?or?other?malpractice in the work of civil airport clearance and electromagnetic environment protection, fail to ?perform?their duties according to law,?they shall?be punished according to law;?Where it is suspected to have committed a crime, the violator shall be punished by judicial authorities according to law.?

Article 27?Any violator who violates?Paragraph 3, Article?11?of?these Measures?shall be ordered by the local people’s government at or above the county level to make the removal within a time limit. ?If losses are thus caused, the unit or individual?who?constructs,?plants or installs obstacles?shall bear the responsibility.

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Chapter V Supplementary Provisions

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Article 28?These Measures shall become effective as of February 1, 2013.

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