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Administrative Measures On Environmental Protection In Zhejiang Province

Original Language Title: 浙江省建设项目环境保护管理办法

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Environmental protection management approach for the construction of projects in the Province of Zangan

(Act No. 288 of 25 October 2011 of the People's Government Order No. 288 of 25 October 2011, which was amended by the Decision of the People's Government of the Zang River Province to amend the nine regulations, such as the Modalities for the management of the River Province, issued by the People's Government Order No. 321 of 13 March 2014)

Chapter I General

Article 1 contributes to the overall economic and social coordination of sustainable development in order to prevent and control the adverse impacts of construction projects on the environment, in accordance with the National People's Republic of China Environmental Impact Assessment Act, the construction of project environmental protection regulations and other laws, regulations.

Article II uses this approach to build projects that affect the environment in the administrative regions of the province.

The specific scope of construction projects that affect the environment (hereinafter referred to as construction projects) is to be implemented in accordance with country-mandated environmental impact evaluation.

Environmental protection management of marine construction projects is implemented in accordance with the provisions of the People's Republic of China Marine Environmental Protection Act.

Article 3. Construction projects should be in line with the requirements for ecological environmental functional area planning; emission pollutants should be consistent with national, provincial-mandated emission standards and the overall emission control targets; environmental impacts should be consistent with environmental quality requirements identified in the environmental functional area of construction projects.

The construction projects should also be in line with the requirements of the main functional areas of planning, land-use master planning, rural and urban planning, national and provincial industrial policies.

Article IV. Governments of more people at the district level should strengthen their leadership in building environmental protection in projects, integrate them into environmental protection planning, improve the construction of environmental protection management systems and work coordination, archaeological and other mechanisms, and urge the relevant sectors to fulfil their environmental protection management responsibilities under the law.

Article 5

The executive authorities such as the development and reform, economic and informationization, land resources, housing and rural and urban development, business, transport, water, sanitation, agricultural, forestry, ocean and fisheries, tourism, should be able to build project environmental protection in accordance with their respective responsibilities.

Article 6. Construction of projects that affect the environment should be carried out in accordance with the law, environmental impact evaluation, implementation of relevant pollution control measures, prevention or minimization of adverse environmental impacts, improvement and rehabilitation of the environment damaged by construction activities, and compensation should be provided to citizens, legal persons and other organizations for environmental rights and interests.

The construction of projects that affect the environment should be strengthened in the vicinity of greenization and sanitation, the protection of historical culture and natural heritage, local traditional landscapes and natural and human landscapes.

Article 7

Chapter II Environmental impact evaluation

Article 8. The construction units shall, in accordance with the extent to which the construction projects affect the environment, classify the management directory for the environmental impact evaluation of the construction projects in accordance with national regulations (hereinafter referred to as the directory of management) and related provisions, such as the preparation of environmental impact reports, environmental impact reporting tables or the filling of environmental impact registration forms (hereinafter referred to as environmental impact evaluation documents) and the release of administrative authorities with the authorization authority for environmental protection.

The environmental impact evaluation of projects established by law, legislation and regulations requires prequalification or clearance by the relevant administrative authorities, such as transport, rail, civil aviation, water, agriculture, forestry, ocean and fisheries, prior to the approval of the environmental protection administrative authorities.

Article 9 provides that planning for environmental impact evaluation should not be carried out in accordance with the relevant provisions of the State and the environmental impact evaluation documents contained therein shall not be approved in accordance with the relevant provisions of the State.

Specific construction projects already included in the planning of environmental impact evaluations by law should be used as an important basis for the environmental impact evaluation findings; their environmental impact evaluation could be simplified in accordance with the analysis of environmental impact evaluations.

Article 10 Environmental Impact Report (Tables) was commissioned by the construction unit to carry out the evaluation of technology services (hereinafter referred to as environmental impact evaluation agencies).

Environmental impact evaluation institutions should conduct environmental impact evaluation in accordance with their qualifications, rigorous implementation of environmental protection laws, regulations, policies, standards and environmental impact evaluation technical norms, and accountability for environmental impact evaluation findings.

Any unit or individual shall not designate an environmental impact evaluation institution for the construction unit.

Article 11

Article 12 should be developed for the construction of environmental impact reports and projects to be developed in environmental-sensitive areas, construction units or environmental impact evaluation institutions that they are entrusted should provide relevant information within the context of the project environment impact evaluation, and public surveys, with the exception of confidentiality required by law.

In accordance with Article 12 of this approach, information on construction projects is provided in accordance with the following provisions:

(i) Within seven days from the date of the identification of environmental impact evaluation institutions, the basic conditions of construction projects, construction units and environmental impact evaluation institutions, and the environmental impact evaluation process and approval procedures;

(ii) Prior to 10 days of the report on environmental impact, the basic situation of construction projects, responses and measures that may affect the environment and environmental protection, environmental impact evaluation findings from the environmental impact report (Tables), the public's access to the environmental impact report (Tables).

The preceding paragraph shall not be less than 10 days. The public has environmental protection opinions on construction projects, which can be presented to the construction units within the time frame set, and may also be sent to the environmental protection administrative authorities responsible for approval.

Article XIV provides for public investigations in accordance with article 12 of this approach, which may use questionnaires or hold colloquiums, opinions, hearings.

Using the questionnaire approach, groups surveying the environmental impact of the project may not be less than 20, with individuals surveying less than 50 persons; groups surveyed less than 20, and individuals surveyed less than 50, should be all investigated.

The meetings should be published through the media or other means, including through the holding of colloquiums, memorials, hearings, and invites relevant units, such as social groups, research institutions, environmental-sensitive areas, schools, village (residents) committees, and personal participation.

Article 15. Construction units or the environmental impact evaluation body entrusted by them should receive public inquiries and views on the construction of projects, to be informed and interpreted.

The environmental impact report (Tables) of the construction units should be accompanied by public surveys, as well as by public opinions or omissions.

Article 16 builds projects that may have a direct impact on the public living environment, such as meals, recreation, processing, etc., in urban neighbourhoods, and, in accordance with the provisions, should be completed in the environmental impact registration form, the construction unit shall seek the views of the stakeholders affected by the construction project's direct environmental impact prior to the issuance of environmental impact registration forms.

Article 17 may result in significant adverse environmental impacts, public reflection of strong construction projects, and their environmental impact assessment reports (statements) should include viable solutions to pollution and ecological damage.

Construction projects that may occur in environmental pollution accidents should be developed by the construction units as an annex to the environmental impact assessment report (Tables).

In accordance with national and provincial provisions, construction projects requiring the completion of the overall control and reduction of pollutant pollutant polluters should include the construction of the project for the total control of pollutant pollutant polluters after delivery.

Article 18 implements the Investment Management Approval project, which should report environmental impact evaluation documents to environmental authorities during the construction of project feasibility studies; implement approved construction projects that should inform environmental impact evaluation documents to environmental authorities prior to the approval of the construction project; construction projects in the implementation of the reserve system should be developed, and construction units should be required to report environmental impact evaluation documents to the environmental authorities within one year after the construction of the project preparation process.

The construction projects, such as railways, road traffic, have been agreed by the competent environmental protection authorities with the authorization to complete the first environmental impact report or the environmental impact report form.

Article 19 Environmental impact evaluation documents for construction projects are subject to sub-ministerial approval by the executive authority for environmental protection at the district level.

Provincial Environmental Protection Administration authorities are responsible for the approval of environmental impact evaluation documents for the construction of projects:

(i) Construction projects for approval, approval or filing by the Government and its investment authorities;

(ii) Priority pollution identified by the provincial environmental protection administrative authorities and projects that severely affect ecological construction;

(iii) Alternative sites or construction projects in the urban administration area that affect the environment;

(iv) Other construction projects that should be approved by provincial authorities in accordance with laws, regulations, regulations and provincial governments.

The competence of the environmental impact evaluation documents for the construction of projects in the municipalities, districts (markets, districts) environmental protection administration is governed by provincial environmental protection administrative authorities in accordance with the terms of investment management in construction projects, the nature and extent of the construction project and the relevant national provisions for the development of specific approaches to the implementation of the provincial people's approval.

Article 20 of the Environmental Protection Administration shall review the environmental impact evaluation documents in accordance with environmental law, regulations, regulations and regulations, from the date of receipt of environmental impact evaluation documents and related materials for the construction of projects, and, in accordance with the provisions of environmental protection law, approve decisions and inform the construction units in writing.

The environmental impact evaluation document for construction projects has not been reviewed or approved after review, and the sectors such as development and reform, economic and informationization may not be approved or approved.

The construction project does not have an environmental impact on the evaluation of the approval documents, and construction units shall not be allowed to build or invest in production and use.

The environmental impact evaluation report (Tables) of the construction project was prepared in one of the following cases, and the environmental protection administrative authorities should request the reconfiguration or modification of the construction units:

(i) The environmental impact evaluation body does not have the corresponding qualifications;

(ii) Developing non-performance, poor quality and non-compliance with environmental impact evaluation technical normative requirements;

(iii) Execution of public surveys in accordance with this approach;

(iv) Failure to provide, in accordance with article 15, paragraph 2, of the present approach, a statement of public opinion or non-recognition;

(v) The development of relevant programmes and prestiges, in accordance with article 17 of this approach.

The environmental impact evaluation document of the project was approved by the Environmental Protection Administration authorities, which should seek public advice in public matters such as access to information and environmental impact evaluation documents and the rights of the public, in a manner that facilitates public awareness, including through government office websites, the media or information bulletins. The time period for seeking public advice should not be less than 7 days.

The executive authorities of environmental protection may bring together the relevant units, individuals to communicate and coordinate the issue of controversy; the relevant units, personal opinions and the environmental impact evaluation findings of construction projects have major differences and the environmental authorities should take a colloquium, a demonstration and a hearing.

Article 23. Environmental impact evaluation documents for the approval of construction projects by environmental authorities require technical advice or assessment of environmental impact evaluation documents, and experts should be organized or commissioned to conduct technical assessments by environmental impact assessment institutions established by law.

Experts, mandated environmental impact assessment bodies should conduct technical advice and assessment based on environmental protection laws, regulations, policies, standards and environmental impact evaluation technical norms, and be responsible for the findings and evaluation findings.

The environmental impact evaluation document of construction projects was approved and the nature, size, location, use of production processes or measures to combat pollution, prevent eco-destruction should be replicated by construction units.

The construction project was constructed after five years from the date of approval of the environmental impact evaluation document and was preceded by the construction of work, and the environmental impact evaluation documents should be re-executed by the former environmental protection administrative authorities.

Article 25 City and district (markets, zones) in the establishment area have one of the following conditions, and the executive authorities of the superior environmental protection can take measures to suspend the approval of environmental impact evaluation documents for relevant construction projects within a regional context:

(i) No total annual control of emissions of major pollutants;

(ii) The priority area of environmental protection does not meet the goal of revival;

(iii) The cross-administrative regional rivers are not eligible;

(iv) The establishment of environmental infrastructure such as urban sewerage facilities, in accordance with the relevant provisions of the province;

(v) States and provinces provide for a moratorium on other circumstances in which environmental impact evaluation documents are being approved.

In accordance with the preceding paragraph, the authorities of the municipal environmental protection authorities in the province or in the establishment area shall notify the Government concerned.

Chapter III

Article 26 units responsible for the construction of project design should prepare a chapter on environmental protection in accordance with the requirements of the national assessment of environmental protection design norms and environmental impacts of construction projects.

In accordance with the request for environmental impact evaluation of the approval document, construction projects need to be accompanied by the construction of environmental protection facilities for environmental pollution and ecological damage (hereinafter referred to as environmental protection facilities) and environmental protection facilities should be designed, constructed and used in parallel with the work of the subject.

parks such as economic technology development zones should be equipped with the corresponding environmental protection facilities, in line with the pollution needs of projects constructed in the park area.

The introduction of new processes, new equipment and the construction of new products should be accompanied by the construction of environmental protection facilities, in accordance with paragraph 1 of this article, and the absence of the corresponding technical capabilities in the country should be accompanied by parallel environmental protection facilities.

The design of environmental protection facilities should be undertaken by units with the qualifications of environmental protection facilities.

The design of environmental protection facilities should include the following key elements:

(i) Design basis;

(ii) Environmental protection standards used;

(iii) Process processes and expected results;

(iv) Operating managers;

(v) Investment estimates and operating costs.

Article 29

In the construction of the project, the construction units should take steps to control pollution such as dust, noise, respiration, waste, solid waste, or to prevent or mitigate the damage of construction to the natural environment, such as water, vegetation, landscape, etc., and improve the environment surrounding construction sites.

In the construction of projects, construction units should be promoted to take environmental protection measures.

Article 31 projects that may result in significant environmental impacts, and construction units should commission technical oversight of the construction and implementation of environmental protection facilities in projects.

Article 32 of the environmental impact evaluation approval document clearly requires a pilot production construction project, which should be made available to the local districts (markets, zones) or the municipal environmental protection administrative authorities in the area where the construction of environmental protection facilities should be conducted in parallel with the work of the subject.

Following the completion of the construction project, construction units should apply to environmental protection authorities that approve environmental impact evaluation documents for the completion of environmental protection facilities. The construction project was produced in a pilot manner and the construction units should apply for the completion of environmental protection facilities before the completion of the production period.

Article 3.4 Environmental protection facilities for construction projects have been established and are one of the following cases, and the environmental protection authorities that approve environmental impact evaluation documents can complete the identification of environmental protection facilities on the basis of the construction unit's application:

(i) The scale of production of construction projects does not meet the scale determined by the environmental impact evaluation approval document, but is in line with the requirements for the production of the production required by national and provincial industrial policies;

(ii) The production of construction projects has not recently been able to meet the burden requirements under the national environmental protection facility for completing the processing of technical management, but in line with other conditions for the completion of the environmental protection facility.

The construction projects set out in the previous paragraph have resulted in a scale of production that has reached the scale determined by the environmental impact evaluation approval document, the production burden of production to meet the requirements for the completion of the national environmental protection facility, and the construction units should reproduce the application for the completion of the environmental protection facility.

Article 33 fifteen of the construction unit's application for the completion of the environmental protection facility, and the environmental protection administrative authorities that approve environmental impact evaluation documents should submit information such as the inspection of environmental protection facilities (Tables) or the survey report (Tables); construction projects for the testing of production should be submitted to test production reports; environmental construction projects should also be submitted to environmental management reports.

The environmental protection administrative authorities should organize, within 30 days of the date of receipt of the application, the relevant sectors, units to complete the receipt. Environmental protection facilities experience is qualified and the construction of project parties can be formally involved in production and use.

In addition to article 24 of this approach, in the construction of projects or in the production and use of inputs, construction units should organize post-environmental evaluations, take measures to improve and report on environmental protection administrative authorities that approve environmental impact evaluation documents.

Chapter IV Legal responsibility

Article 37 violates the provisions of this approach, and the relevant legislation, legislation and regulations already provide for administrative and administrative sanctions.

Article 338 The construction unit has not been submitted in accordance with the law or has been requested to re-examine the project environmental impact evaluation document, to be constructed by the competent environmental protection administrative authorities with the authorization to stop construction, to the extent that the time limit is to be completed, and to impose a fine of up to 200,000 dollars in advance of the proceedings.

The construction of the project environmental impact evaluation document has not been approved or, without the prior approval of the approval sector, re-engineered the construction of the unit, which is terminated by law by the competent environmental protection administrative authorities with the approval authority, with a fine of up to 200,000 dollars.

The construction project has no environmental impact on the evaluation of the approval document, the construction of units to build and develop inputs for production or use, and is mandated by the executive authorities of the environmental protection environment to stop production or use; and, in accordance with the relevant legislation, regulations and regulations, should be fined and closed.

Article 39 of the construction unit conceals the relevant information or provides false reports of environmental impact evaluation documents, requests for the completion of environmental protection facilities, is inadmissible or not approved by the executive authorities with the authorization authority to protect the environment, and has warned that the environmental impact evaluation of the approval document, the environmental protection facility completes the receipt document, and the administrative authorities with the authorization authority to withdraw their approval documents in accordance with the law and impose a fine of more than 10,000 dollars.

Article 40 is responsible for the environmental impact evaluation exercise or misleading breaks, resulting in poor environmental impact evaluation documents, which are recommended by the Provincial Environmental Protection Administration authorities to reduce their qualifications or to revoke their qualifications certificates and receive a fine of up to three times the cost.

The environmental impact evaluation body does not carry out environmental impact evaluation in accordance with its qualifications, which is being restructured by the executive authorities of environmental protection and fines of more than 100,000 dollars.

Article 40 units engaged in the construction of the project's technical assessment of environmental impact, inspection or investigation of environmental protection facilities, irresponsible or misleading of work, resulting in a serious failure of environmental impact technical assessment findings, monitoring or investigation findings, and disposed of by the competent and other direct responsibilities authorized by the competent authority to be directly responsible under the authority of management.

The units responsible for the construction of environmental protection facilities in the project have been punished or disposed of in violation of the relevant provisions of the scheme.

Article 42 of the Environmental Protection Authority's executive authority goes beyond statutory competence or violates the environmental impact evaluation documents of the construction project in violation of statutory procedures and conditions, which is implemented by the executive authority of the environmental protection or by its superior environmental protection authorities in accordance with the provisions of the National People's Republic of China's administrative licence law relating to the withdrawal of administrative licences.

In accordance with the preceding paragraph, the construction of a project environment impact evaluation document should be reproduced by law; construction projects are not eligible for approval.

Article 43 thirteenth, the Environmental Protection Administration, in accordance with the law, decides to cease construction projects that have been constructed, produced, used or closed by the people's Government, and that the environmental protection administrative authorities should supervise the construction units to improve and restore the environment damaged by construction activities.

Article 44 states that there are one of the following cases in the executive authorities for the protection of the environment, which is governed by the law by the competent and other persons directly responsible for direct responsibility under the authority of management:

(i) Approval of environmental impact evaluation documents in violation of statutory conditions, competences and procedures;

(ii) Designation of environmental impact evaluation institutions for construction units;

(iii) Approval of facilities that are not in compliance with the provisions of environmental protection facilities;

(iv) Long-term failure on the construction of environmental pollution and ecological damage in the project, or releasing and condoning violations;

(v) Other provocative cases of fraud, abuse of authority and failure.

Article 42 states that all levels of the people's Government and their relevant departments are treated by law by the competent and other persons directly responsible for direct responsibility, in accordance with the authority to manage:

(i) Contrary to approval of construction projects;

(ii) Refer to administrative authorities, such as the protection of the environment, in violation of the approval or inspection of construction projects;

(iii) Intrusive interference with the limitation of environmental protection administrative authorities to investigate, by law, environmental violations of the project;

(iv) Other provocative cases of fraud, abuse of authority and failure.

Article 46, in violation of the provisions of this approach, constitutes an offence and is criminalized by law.

Chapter V

Article 47