People's Republic Of China Environmental Impact Assessment Law

Original Language Title: 中华人民共和国环境影响评价法

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(October 28, 2002 adopted at the 30th session of the Standing Committee of the ninth People's Republic of China President to 77th, published since September 1, 2003) Chapter I General provisions article in order to implement the strategy of sustainable development, preventing the planning and construction of adversely affecting implementation of the project on the environment, promote the coordinated development of economic, social and environmental, this law is enacted.
    Environmental impact assessment referred to in article II of this law refers to the plan and the possible environmental impact of the construction project after the implementation of analysis, forecast and assess proposed strategies and measures to prevent or mitigate adverse environmental impacts, monitoring methods and systems.
    Article III the preparation of the plans within the scope provided for in article Nineth, People's Republic of China area and People's Republic of China in other sea areas under the jurisdiction-building projects that have an impact on the environment, environmental impact assessment should be carried out in accordance with this law.
    Fourth environmental impact assessment must be objective, open and fair, considering the planning or construction projects on a variety of environmental factors and the possible impact of the eco-system, and provide a scientific basis for decision making.
    Fifth State encourages relevant entities, experts and public participation in environmental impact assessment in an appropriate manner.
    Sixth national environmental impact assessment database and the construction of evaluation index system to encourage and support scientific research methods of environmental impact assessment, technical specification, establishing the necessary information sharing system of environmental impact assessment, environmental impact assessment of the science.  
    Environmental protection Administrative Department under the State Council shall, jointly with relevant departments of the State Council, establish and perfect evaluation index system of environmental impact assessment of the underlying database and.
    Seventh chapter planning environmental impact assessment the competent authorities into districts of local people's Governments above city level and the relevant departments, on the Organization of land-use planning, regional, basin, marine construction, development and utilization planning, should be organized during the planning process for environmental impact assessment, environmental impacts related to the preparation of the planning chapter or explanation.
    Planning Chapter or explanation about the environmental impact, environmental impact should be on the implementation of the plan may make analysis, forecast and assess proposed strategies and measures to prevent or mitigate adverse environmental impacts, as an integral part of the draft plan be submitted for planning approval authority.
    Not write draft chapter or explanation about the environmental impact of planning, approval authorities shall not be approved.
    Eighth article State about sector, and set district of city level above place Government and about sector, on its organization prepared of industrial, and agricultural, and livestock, and forestry, and energy, and water, and traffic, and city construction, and tourism, and natural resources development of about special planning (following referred to special planning), should in the special planning draft reported approval Qian, Organization for environment effect evaluation, and to approval the special planning of organ proposed environment effect report book.
    Listed in the preceding paragraph planning guidance in planning, in accordance with the provisions of this law article seventh for environmental impact assessment.
    Nineth in accordance with seventh, eighth section for the specific scope of environment impact assessment of planning shall be formulated by the Administrative Department of environmental protection, in conjunction with relevant departments under the State Council, approved by the State Council.
    Tenth special plan environmental impact report should include the following elements: (a) implementation of the plan of analysis, prediction and assessment of possible environmental effects; (b) countermeasures and measures to prevent or mitigate adverse environmental effects; (c) the conclusions of the environmental impact assessment. Article 11th special planning authority on the potential to cause adverse environmental effects and environmental rights and directly related to the public plan, shall, before the plan is submitted to the approval of the draft, held feasibility study meeting, hearing, or to take other forms, consultation with the authorities, experts and the public comments on the draft environmental impact report.
    However, should be kept confidential except in the cases prescribed by the State.
    Organ should give serious consideration to the relevant units and experts and the views of the public on the draft environmental impact statement, and should be submitted for review of environmental impact statement attached to adopt or not to adopt the instructions.
    Article 12th special planning authority for approval when the draft plan shall will be handed out by the approval authority for the review of environmental impact statement; not attached to the environmental impact report, the approving authority is not approved. 13th district of city-level people's Governments in considering the draft special plans, before a decision is made, shall be specified by the Government Department responsible for environmental protection department or other departments to convene review panel comprising representatives from relevant government departments and experts, to review the environmental impact statement.
    The review panel shall submit a written review.

    Experts participating in the review panel provided for in the preceding paragraph shall be established in accordance with the provisions of environmental protection Administrative Department under the State Council list of experts in the relevant professional experts, determined in a random way.
    Approved by the relevant departments of the province-above people's Government is responsible for the planning, the review of environmental impact statement shall be formulated by the Administrative Department of environmental protection, in conjunction with the relevant departments of the State Council.

    14th district of city-level people's Government or the relevant departments under the people's Governments above provincial level approval when the draft special plans, environmental impact reports should be conclusions and review as an important basis for decision-making.
    Under consideration did not accept the conclusions of the environmental impact statement review and shall give an explanation, and archived for future reference.   
    15th has a significant impact on the environment after the implementation of planning, organ shall organize the environmental impact evaluation, and approval authorities the evaluation results report; found to have significant adverse environmental impacts, and should promptly propose improvement measures.
    Chapter III construction project environmental impact assessment article 16th level according to the environmental impact of construction projects in the country, classification management of environmental impact evaluation of construction project. Units should according to following provides organization prepared environment effect report book, and environment effect report table or filled environment effect registration form (following collectively environment effect evaluation file): (a) may caused major environment effect of, should prepared environment effect report book, on produced of environment effect for full evaluation; (ii) may caused mild environment effect of, should prepared environment effect report table, on produced of environment effect for analysis or special evaluation; (three) on environment effect is small, and
    No environmental impact assessment is required, shall fill in registration forms of environmental impact.
    Directory of environmental impact evaluation of construction project management, developed and published by the Administrative Department of environmental protection by the State Council.
    17th article construction project of environment effect report book should including following content: (a) construction project profile; (ii) construction project around environment status; (three) construction project on environment may caused effect of analysis, and forecast and assessment; (four) construction project environmental protection measures and technology, and economic argument; (five) construction project on environment effect of economic profit and loss analysis; (six) on construction project implementation environment monitoring of recommends; (seven) environment effect evaluation of conclusion.
    Involves the construction of soil and water conservation project, there must be approval by the water conservancy administrative departments of soil and water conservation program.
    Environmental reports and environmental impact the content and format of registration form shall be formulated by the Administrative Department of environmental protection.
    18th environmental impact evaluation of construction project, duplication should be avoided and the environment impact assessment of planning.
    As a matter of overall planning for construction projects, according to the environmental impact evaluation of construction project, no environment impact assessment of planning.
    Have been contained in environment impact assessment of planning specific projects, environmental impact assessment of the construction can be simplified. 19th entrusted to provide technical services for the construction project environmental impact assessment agencies, shall be approved by the State Council after examination the examination by the Administrative Department of environmental protection issued qualification certificates, the level and scope of the evaluation in accordance with certificate, undertaking environmental impact assessment services, and responsible for the evaluation findings.
    Provides technical services for the construction project environmental impact assessment agency qualifications and administrative measures shall be formulated by the Administrative Department of environmental protection.
    Environmental protection Administrative Department under the State Council for obtaining certificate of qualification for environmental impact evaluation of construction project list of institutions providing technical services, should be made public.
    Provides technical services for the construction project environmental impact assessment agencies, shall not be responsible for the examination and approval of environmental impact evaluation of construction project document environmental protection Administrative Department of any interest relationship or any other relevant approval Department.
    Article 20th file environmental impact assessment environmental impact statement or environmental impact reports should be prepared by the Agency with the appropriate qualification of environmental impact assessment.
No unit or individual is allowed to build units specified on the construction project environmental impact assessment of agencies.
    Article 21st State requires secrecy in the case, the environment can have a significant impact construction projects, should prepare an environmental impact report, the construction unit shall be submitted for approval before the construction project environmental impact report, feasibility study meeting, held a hearing, or to take other forms, seek the views of relevant authorities, experts and the public.
    Construction approval of the environmental impact statement should be attached to authorities, experts and the public to adopt or not to adopt the instructions.
    22nd environmental impact evaluation of construction project document, reported by the employer in accordance with the provisions of the State Council has the right to approve the Administrative Department of environmental protection for approval; construction projects there are departments in charge of industry, its environmental impact statement or environmental impact report form shall be subject to the competent authority after the pre, has the right to approve the Administrative Department of environmental protection for approval.
    Of the marine environment by marine engineering construction projects impact report approval, in accordance with the People's Republic of China Law on marine environmental protection regulations. Approval authority shall, within 60 days from the day of receiving the environmental impact report, date of receiving the environmental impact reports in the 30th, days after receiving the registration forms of environmental impact in the 15th, respectively, make a decision and notify the owner in writing.

    Pre, review, and approval of environmental impact evaluation of construction project document shall not charge any fee.
    23rd environmental protection Administrative Department under the State Council is responsible for approving the following environmental impact evaluation of construction project documentation: (a) nuclear facility, a top secret special projects such as project; (b) across the province, autonomous region, municipality directly under the administrative structure of the construction project (iii) or authorized by the State Council for approval by the State Council for approval of construction projects.
    Other than those provided for in the preceding paragraph of the construction project environmental impact assessment document approval, by the people's Governments of provinces, autonomous regions and municipalities.
    The project is likely to cause adverse environmental impact across boundaries, environmental protection Administrative Department for environmental impact assessment of the project's conclusions are controversial, their environmental impact assessment reports by the common administrative Department of environmental protection at a higher level for approval.
    24th environmental impact evaluation of construction project document approval, nature, size and location of the construction project, the use of production or pollution prevention, measures to prevent ecological damage to major changes, the construction unit shall be submitted for environmental impact evaluation of construction project file again.
    Environmental impact evaluation of construction project files more than five years from the date of approval, decided that the construction of the project began, and their environmental impact assessment reports should be submitted to the original examination and approval departments review; original examination and approval Department shall from the date of receipt of the construction project environmental impact assessment reports in the 10th, will review comments written notice to the employer.
    25th construction project environmental impact assessment documents without the approval of law review not approved by or after the review, the project examination and approval Department shall not approve its construction, the construction unit shall not commence construction.
    26th construction projects during the construction, the construction unit shall at the same time the implementation of environmental impact statements, environmental impact reports and environmental impact assessment documents presented in the approval of the competent departments of environmental protection measures.
    27th article in the project construction and operation process produces is not consistent with the approved environmental impact assessment documents, the construction unit shall organize the environmental impact evaluation, improvement, and submitted to the original environmental impact assessment document approval authority and construction of project examination and approval department record; original file can also entrust the construction of the competent departments of environmental impact assessment environmental impact evaluation, take corrective action. 28th Administrative Department of environmental protection for construction projects put into operation or used to generate the environmental impact checks, causing serious environmental pollution and ecological damage, and shall identify the reasons, identify responsibilities.
    Belonging to provide technical services for the construction project environmental impact assessment agency prepared false documents for environmental impact assessment, in accordance with the provisions of this law article 33rd pursue its legal responsibility belongs to the staff of the competent departments dereliction of duty, malfeasance, the law should not be approved the construction project environmental impact assessment documents to be approved, in accordance with the provisions of the present article 35th of the law be investigated for legal responsibility.
    The fourth chapter legal liability article 29th Planning Agency has violated the provisions of this law, deception or negligence of environment impact assessment, resulting in serious misrepresentation of the environmental impact assessment to the direct responsible person in charge and the other persons, or the supervisory organs shall be given administrative sanctions by the authorities at.
    Article 30th planning approval authority should be prepared in accordance with law-related environmental impacts chapter or draft plan prepared by the description but not according to law shall be attached to the environmental impact report and draft special plans that are not attached to, illegal approval to the direct responsible person in charge and the other persons, or the supervisory organs shall be given administrative sanctions by the authorities at. 31st article units not law approval construction project environment effect evaluation file, or not in accordance with this method 24th article of provides again approval or reported to the again audit environment effect evaluation file, unauthorized starts construction of, by right to approval the project environment effect evaluation file of environmental protection administrative competent sector ordered stop construction, deadline replacement procedures; late not replacement procedures of, can at 50,000 yuan above 200,000 yuan following of fine, on units directly is responsible for of competent personnel and other directly responsibility personnel,
    Shall be given administrative sanctions.
    The construction project environmental impact assessment documents without approval or without consent of the original examination and approval departments review unit permission to start the construction, by the right to approve the environmental impact assessment of the project file of the Administrative Department of environmental protection shall be ordered to stop construction, may be fined not more than 50,000 yuan and 200,000 yuan, directly responsible for the construction unit in charge and other direct liable persons shall be given administrative sanctions.
    Marine engineering construction project owner has the illegal acts mentioned in the preceding two paragraphs, in accordance with the People's Republic of China Law on marine environmental protection provisions.
    32nd construction project environmental impact assessment should be carried out in accordance with law without evaluation or document without approval of environmental impact assessment, this project without approval of the competent departments, managers directly responsible and other persons directly responsible for, or the supervisory organs shall be given administrative sanctions by the authorities at constitutes a crime, criminal responsibility shall be investigated according to law.
    33rd article accept delegate for construction project environment effect evaluation provides technology service of institutions in environment effect evaluation work in the not responsible or fraud, led environment effect evaluation file false of, by grant environment effect evaluation qualification of environmental protection administrative competent sector reduced its qualification grade or revoked its qualification certificate, and premises received costs 1 time times above three times times following of fine; constitute crime of, law held criminal.
    Article 34th is responsible for examining, examination and approval of environmental impact evaluation of construction project document Department charged in the approval, by their superior or the supervision authority is ordered to return; the circumstances are serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions.
    35th environmental protection administrative department or any other Department functionary, abuse, neglect, and approved the construction project environmental impact assessment document, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law. Fifth chapter supplementary articles article 36th of provinces, autonomous regions and municipalities according to the local conditions, of this area of planning environmental impact assessment prepared by the people's Governments at the county level.
    Specific measures for the provinces, autonomous regions and municipalities in reference to the provisions of chapter II of this law.
    37th military facilities construction project environmental impact assessment approach formulated by the Central Military Commission in accordance with the principles of this law.
                                                                                                                  38th article of the law shall enter into force on September 1, 2003.