Document Approval Of State Environmental Protection Administration, The Construction Project Environmental Impact Assessment Procedures

Original Language Title: 国家环境保护总局建设项目环境影响评价文件审批程序规定

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(On November 23, 2005 national environmental protection General makes 29th, announced since on January 1, 2006 up purposes) first chapter General first article for specification national environmental protection General (following referred to "environmental General") construction project environment effect evaluation file approval behavior, improve approval behavior of scientific and democratic sex, protection citizens, and corporate and other organization of lawful rights and interests of, according to People's Republic of China administrative license method, and People's Republic of China environment effect evaluation method and
    Of the State Council on reform of the investment system decision, these provisions are formulated.
    Article the construction project environmental impact assessment reports in these rules, refers to the construction project environmental impact statement, environmental reports and environmental impact registration form collectively.
    Provisions of this article apply to the environmental protection agency is responsible for approving the construction project environmental impact assessment documents for approval.
    Fourth implementation of system of examination and approval of construction projects according to state regulations, construction feasibility studies should be submitted for approval before the environmental impact assessment document.
    In accordance with the regulations of the State of the implementation of the approved projects, the construction unit shall be submitted for approval before submitting the project application report in environmental impact assessment document.
    In accordance with the regulations of the State of the implementation of the record construction projects, the construction unit shall on the filing procedures and approval of environmental impact assessment before the start file.
    Fifth Environmental Protection Administration approved the construction project environmental impact assessment reports, follow the principle of openness, fairness and justice, be convenient and efficient.
    Chapter II application and accept the sixth unit in accordance with environmental protection administration announced the construction project environmental protection provisions of the classification list, prepare environmental impact reports, environmental impact reports or fill in registration forms of environmental impact.
    Among them, according to regulations on preparation of environmental impact statements or the construction project environmental impact report, the construction unit shall be entrusted with class-a qualification of environmental impact assessment of agencies.
    Seventh article construction project environment effect report book main including following content: (a) project profile; (ii) around environment status; (three) on environment may caused effect of analysis, and forecast and assessment; (four) environmental protection measures and technology, and economic argument; (five) on environment effect of economic profit and loss analysis; (six) implementation environment monitoring of recommends; (seven) evaluation conclusion.
    The construction project environmental impact report and environmental impact registration form, respectively, according to the environmental protection agency released the contents, formats, or complete.
    Eighth article law need environmental general approval of construction project environment effect evaluation file, units should to environmental General proposed application, submitted following material, and on all declared material content of authenticity is responsible for: (a) construction project environment effect evaluation file approval applications 1 copies; (ii) construction project environment effect evaluation file text version a type 8 copies, electronic version a type 2 copies; (three) construction project proposal approved file (approval business project) or record granted file (record business project) 1 copies;
    (D) according to the relevant laws and regulations and other documents to be submitted.
    Nineth article environmental General on units proposed of application and submitted of material, according to situation respectively made following processing: (a) application material complete, and meet statutory form of, be accepted, and issued accepted receipt; (ii) application material not complete or not meet statutory form of, spot or in 5th within once told units need correction of content; (three) according to approval permission provides not belongs to environmental general approval of application matters, not accepted, and told units to about organ application. Tenth environmental protection administration on the Government Web site (Web site, WWW.SEPA.GOV.CN) announced acceptance of construction project information.
    Confidential except as prescribed by the State. Chapter III review of the 11th after the environmental protection administration of China accepts the construction project environmental impact report, considers the need for technical assessment, environment impact assessment agency technical assessment of the environmental impact report, the Organization of expert review.
    Assessment bodies should in General be in the 30th to submit an assessment report, and take responsibility for assessment. 12th environmental protection administration following major areas to review the construction project environmental impact assessment document: (a) compliance with laws and regulations related to environmental protection.
    Construction project involves the legally demarcated nature reserves, scenic spots, drinking water source protection areas and other areas that need special protection and shall comply with the relevant laws and regulations of the State environmental management of construction projects in the region; the law requires consent of the relevant authorities of, the construction unit shall first obtain the agreement of the authorities.
    (B) are in line with State industrial policies and standards or requirements for cleaner production.
    (C) project site, selection, layout of regional, watershed planning and urban planning.
    (D) the regional environment in which the project meets environmental function zoning and ecological function zoning standards or requirements.
    (E) pollution prevention and control measures to be taken to ensure that pollutant emissions achieved national and local emission standards to meet pollutant control requirements involving possible radioactive contamination, effectiveness of the preventive measures to be taken for the prevention and control of radioactive pollution.
    (F) the effectiveness of the conservation measures to be taken for the prevention and control of ecological damage.
    13th on the environment which may have a significant impact construction projects, should prepare an environmental impact report, could seriously affect the quality of local residents ' living environment and construction projects, as well as major construction projects of the disagreement, SEPA can hold hearings, listen to the views of relevant units and experts and the public, and results of public hearings and give reasons for their comments on the scheme to adopt or not to adopt.
    Approval of the fourth chapter of the 14th article in accordance with the conditions set out in article 12th, following a review by the project, environmental protection administration make an approval decision and notify the owner in writing.
    Does not meet the conditions of the construction project, approved by the environmental protection agency made no decision, notify the owner in writing and state the reasons.
    15th before environmental protection agency approval decision, list of projects approved by the Government website publicity to be published for 5 days.
    Once the decision is approved, at construction project site notice of the outcome.
    16th 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 reported to the environmental protection agency to audit.
    Environmental protection agency to review the files of environmental impact assessment in the following areas: (a) no change in environmental quality in the area of construction projects, (ii) the original examination and approval of the applicable laws, regulations, rules, standards, there is no change.
    If the two aspects mentioned above are not changed and decisions approved by the environmental protection agency, and notify the owner in writing.
    17th the employer disagrees with the decision on approval or review, may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    Fifth chapter the term 18th environmental protection administration shall, within 60 days from the date of receiving the environmental impact report, within the date of receiving the environmental impact report, 30th, days after receiving the registration forms of environmental impact in the 15th, based on the review results, make the appropriate decision and notify the employer in writing.
    19th construction project review, SEPA should be since the date of receiving the environmental impact assessment reports in the 10th, will review comments written notice to the employer.
    Article 20th hearings, expert evaluation and technology assessment needs, not counting the time required during the term of the provisions of this chapter. Sixth chapter supplementary articles article 21st according to law by the environmental protection agency is responsible for approving the construction project environmental impact assessment files, SEPA commissioned project is located of the province, autonomous region, municipality directly under the Administrative Department of environmental protection approved environmental impact assessment document.
    Trustee in accordance with delegated authority by the Administrative Department of environmental protection approved the construction project environmental impact assessment reports, and to the environmental protection administration will approve the decision for the record.
    The 22nd local environmental protection Administrative Department under local conditions, reference to these regulations and the specific measures.
                                                                                                        23rd these provisions come into effect on January 1, 2006.

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