File Classification And Approval Of The Construction Project Environmental Impact Assessment Regulations

Original Language Title: 建设项目环境影响评价文件分级审批规定

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File classification and approval of the construction project environmental impact assessment regulations

    (January 16, 2009 the 5th release from the Department of environmental protection as of March 1, 2009) first in order to further strengthen and standardize the construction project environmental impact assessment document approval, improve efficiency, clear approval rights and responsibilities, in accordance with the relevant provisions of the law on environmental impact assessment, these provisions are formulated.

    Article-building projects that have an impact on the environment, irrespective of the investor, sources of funding, the nature and scale of investment, and their environmental impact assessment reports shall be determined in accordance with the classification approval authority.

    Marine engineering and military installations of the construction project environmental impact assessment document classification approval pursuant to the relevant laws and administrative regulations.

    Article environmental protection departments at all levels are responsible for environmental impact evaluation of construction project document approval work.

    Fourth of the construction project environmental impact assessment document classification approval, in principle, in accordance with the approval, approval and filing of the construction project and the environmental impact of construction projects to determine the nature and extent.

    Fifth Ministry of environmental protection approved the following types of environmental impact evaluation of construction project file:

    (A) nuclear facilities, the top secret project and other special nature of construction projects;

    (B) across the province, autonomous region, municipality directly under the administrative structure of the construction project;

    (C) construction project approval or approval by the State Council, authorized by the State Council for approval or approved construction projects, by the relevant departments under the State Council may have a significant impact on the environment of the special nature of construction projects.

    Sixth Department of environmental protection can be part of the official who is responsible for the approval of environmental impact evaluation of construction project document approval rights, entrusted to the provincial environmental protection departments of the project site, and should be announced to the public.

    The provincial environmental protection Department commissioned, shall, within the terms of reference, in the name of the Ministry of environmental protection approved environmental impact assessment document.

    Entrusted with the provincial environmental protection authorities may not delegate any other organization or individual.

    Should delegate to a provincial environmental protection departments under the Ministry of environmental protection approved environmental impact assessment documentation responsible for the supervision and the legal responsibility for the consequences of this approval.

    Article seventh direct of the Department of environmental protection approved the construction project environmental impact assessment files directory, commissioned by the Ministry of environmental protection, the provincial environmental protection Department for approval of the construction project environmental impact assessment document directory, formulated, adjusted and promulgated by the Environmental Protection Department.

    Eighth article fifth files outside the construction project environmental impact assessment approval, by the provincial environmental protection departments refer to fourth and the following principles proposed for approval proposals submitted to the provincial people's Government for approval and reported to the Environmental Protection Department.

    (A) non-ferrous metal smelting and mining, iron and steel processing, coke, Ferroalloy, calcium carbide, waste incineration and power generation, pulp, may have a significant impact on the environment of the construction project environmental impact assessment reports by the provincial environmental protection Department is responsible for examination and approval.

    (B) the chemical industry, paper-making, electroplating, printing and dyeing, brewing, monosodium glutamate, citric acid, enzymes, yeast and other pollution of environmental impact evaluation of construction project document by the provincial or city environmental protection Department is responsible for examination and approval.

    (C) laws and regulations concerning the construction project environmental impact assessment document classification and approval as otherwise provided, in accordance with the relevant provisions.

    Nineth construction project may cause adverse environmental impact across boundaries, environmental protection departments on environmental impact assessment of the project's conclusions are controversial, and their environmental impact assessment reports by the Environmental Protection Department for approval at a higher level of common.

    Article tenth child protection units have exceeded the statutory powers, violations of statutory procedures or conditions to make environmental impact assessment document of the approval decision, the superior environmental protection departments in accordance with the following provisions:

    (A) revoked or be ordered to withdraw beyond the statutory powers, violations of statutory procedures or conditions to make environmental impact assessment document approval decision.

    (Ii) on beyond statutory terms, and violation statutory program or conditions made environment effect evaluation file approval decided of directly responsibility personnel, recommends by appointment organ or monitored organ in accordance with environmental protection illegal disciplinary behavior disposition provisional provides of provides, on directly responsibility personnel, give warning, and demerit or remember than disposition; plot more heavy of, give downgraded disposition; plot serious of, give dismissed disposition. 11th article of the regulations come into force on March 1, 2009. On November 1, 2002 issued by the State environmental protection administration of the file classification and approval of the construction project environmental impact assessment regulations (formerly the State environmental protection administration, 15th) repealed simultaneously.

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