Key Benefits:
(Adopted at the 37th ordinary meeting of the Government of the Republic of Vilhan on 26 April 2006 No. 169 of 8 June 2006 by the Order No. 169 of the People's Government of Vavhan City of 8 July 2006) Chapter I General Article 1 establishes this approach in line with the People's Republic of China Environmental Impact Assessment Act, the Regulations on the Construction of a Project on Environmental Protection and other laws, regulations and regulations. Article 2 engages in the planning and construction of project environmental impact evaluation activities and related management activities within the city's administration. Article 3. Governments at all levels should take measures to encourage, support relevant units, experts and citizens to participate in environmental impact evaluation activities. The municipal environmental protection administration should establish and improve the pool of experts for environmental impact evaluation in the city, the environmental impact base database and the system to promote information-sharing on environmental impacts. Chapter II Environmental impact evaluation Article IV. The Government of the city and its relevant sectors organize the development of land use, regional (including various development zones, industrial parks), watershed development utilization planning, and environmental impact evaluations should be organized in the preparation of environmental impact chapters or notes. Guidance planning in specific planning such as industrial, agricultural, livestock, forestry, energy, water, transport, urban construction, tourism, natural resource development should be organized in the preparation of environmental impact evaluation chapters or notes; other planning should prepare environmental impact evaluation reports. In accordance with paragraph 1, paragraph 2, of this article, the specific scope for the planning of environmental impact evaluations is to be published by the municipal environmental protection administration in accordance with national provisions. Article 5 Planning for environmental impact evaluation by the organization of the development body should be mandated by law, including through tendering, to the environmental impact evaluation technology service that is in line with national qualifications requirements, and to make consequential changes to the draft plan in accordance with its environmental impact assessment opinions; and the draft plan should also be supplemented or amended by environmental impact evaluation documents. Funding for planning environmental impact evaluation should be included in the planning budget. Article 6. The planning authority shall submit the following documents in conjunction with the preparation of the draft plan to the planning authority: (i) Planning environmental impact evaluation documents; (ii) A description of the environmental impact evaluation documents adopted in the draft plan. The draft plan that may result in adverse environmental impacts and directly involve public environmental rights should also be submitted to the relevant units, experts and the public for the assessment of environmental impacts and the adoption of the information, with the exception of confidentiality required by the State. The planning authority is not attached to the documents provided for in advance, and the planning authority shall not be approved. Article 7. The Government of the city and its relevant sectors, when approving the draft planning, shall obtain a review of the environmental impact evaluation documents in the draft plan and serve as an important basis for the approval of the environmental impact evaluation and the review of the municipal environmental protection administration. Article 8. In planning implementation, the planning authority should synchronize the implementation of environmental protection measures. Following the implementation of plans that have a significant impact on the environment, the planning authority should organize, in a timely manner, environmental impact tracking evaluations and report on the results of the evaluation planning review bodies; any unit and individuals have identified adverse environmental impacts and have the right to report to the planning authority or the local people's Government, the environmental protection administration sector, and the planning authority should monitor measures taken by the planning implementation units. There is a clear adverse environmental impact after planning implementation, and no improvement measures have been taken by the planning implementing units, the environmental protection administration or other relevant administrative departments should request the planning authority to make improvements. Chapter III Environmental impact evaluation of construction projects The following construction projects that may have a significant impact on the environment should be developed by the establishment of environmental impact reports, a comprehensive and detailed evaluation of the contamination of construction projects and their environmental impacts: (i) The range, quantity or toxicity involved in the production of raw materials, products or production processes, which are difficult to declassify construction projects; (ii) Construction projects that may have a greater impact on ecosystems or may trigger and exacerbate natural disasters; (iii) Possible construction projects that affect disputes across the administrative region; (iv) Development of regional development-building projects, such as the development of zones, the construction of new urban areas, the rehabilitation and watersheds in the old urban areas, along the Lake region; (v) The State provides for other construction projects in environmental reporting. The following Article 10 build-up projects that may have a light impact on the environment, and the construction units should prepare environmental impact reporting forms to analyse pollution from construction projects and their impact on the environment or undertake specific evaluations: (i) A single pollution factor and a small, small or less toxic construction project; (ii) There are some implications for terrain, geomorphology, hydrology, soil and biodiversity, but not change ecosystem structures and functional construction projects; (iii) Small-scale, basicly non-affected construction projects; (iv) The State provides that other construction projects in the environmental impact reporting form should be developed. Article 11. The following construction projects that affect small environmental impacts should be completed by construction units: (i) Construction projects that do not produce wastes, maliciousness, noise, shocks, heat pollution, radiation, etc. (ii) The construction of ecosystem structures and functions without changing terrain, landscape, hydrology, soil, biodiversity; (iii) Non-impact and small-scale construction projects for sensitive environmental areas; (iv) The State provides that other construction projects in the environmental impact registration form should be filled. Specific directory of construction projects under Articles 9, 10 and 11 of this approach is published by the municipal environmental protection administration in accordance with national provisions. Article 13 Construction projects are one of the following cases, and the environmental protection administration does not approve its environmental impact evaluation documents: (i) A national order to phase out construction projects that prohibit construction and do not meet national industrial policy; (ii) Construction projects that are not in line with urban overall planning, environmental functional areas; (iii) Inadequate use of natural resources or low utilization rates, which may result in environmental pollution and ecological damage-building projects; (iv) Inadequate projects to meet national and local aggregate emission control requirements and emission standards; (v) Construction projects that affect the ecological environment in areas such as water watersheds, natural protected areas, landscapes, critical ecological functional areas and ecologically sensitive areas; (vi) Other construction projects that do not meet the conditions for approval under the law, legislation and regulations. The environmental impact evaluation of construction projects should avoid duplication with the planning environmental impact evaluation; an environmental impact evaluation based on the construction of projects should be carried out as a whole. Specific construction projects already included in the environmental impact evaluation plan could be streamlined, but the nature of specific construction projects, pollution causes, etc., were not assessed in the planning environmental impact evaluation and the environmental impact evaluation was not simplified. Article 15. The construction units should entrust the evaluation of environmental impacts to the appropriate quality of environmental impact technical services. Any administrative body shall not conduct environmental impact evaluation for the establishment of a technical service agency designated for environmental impact evaluation. Article 16 (i) Strict implementation of technical norms for environmental impact evaluation; (ii) An objective and impartial assessment of environmental impacts; (iii) Not to provide false environmental impact evaluation documents; (iv) Non-compliance with environmental impact evaluation operations; (v) No unauthorized reduction of the level of environmental impact evaluation; (vi) Strict implementation of the State's fees standards. The environmental protection administration should enhance monitoring and guidance on the quality of the operation of the environmental impact evaluation technology services. Article 17: The environmental impact evaluation documents of the construction projects listed below shall be subject to approval by the municipal environmental protection administration, in addition to national or provincial approvals by law: (i) Construction projects approved, approved and submitted by the Government of the city and its relevant sectors; (ii) Construction of projects in severe polluting environments such as photocopy, denunciation, denunciation, manufacture of chemical raw materials, chemical fibre manufacture, pharmaceutical manufacture, rubber; (iii) Construction projects in environmental sensitive areas such as centralized watersheds, more than the natural protected areas at the municipal level, and wind poles; (iv) Construction projects that cross the administrative region or may have cross-regional environmental impacts; (v) New, re-engineering and expansion projects for industrial enterprises overseeing the administration of environmental protection; (vi) Other construction projects requiring the preparation of environmental impact reports according to national provisions. The Environmental Protection Administration Department of the Region is responsible for the approval of construction projects in this administrative area other than national, provincial and municipal clearance. Article 18 Construction units shall report to the environmental impact evaluation of projects, environmental impact evaluation reports or environmental impact evaluation forms, in accordance with articles 9, 10 and 11 of this approach, and shall also be presided over by industry authorities. The Environmental Protection Administration shall, within 30 days from the date of receipt of the environmental impact report and within 20 days from the date of the release of the environmental impact report, make decisions and notify the construction units in writing. For special reasons, the approval sector should be informed in writing of the construction unit, but the approval period should not exceed the time specified in the law, regulations. Pretrial, approval of construction project environmental impact evaluation documents shall not be charged. In accordance with Article 19, the construction units should report the environmental impact evaluation documents of the project prior to the submission of the feasibility study; the project on transport, urban construction, with the consent of the environmental protection administration, could be presented in advance of the initial design. In accordance with national provisions for the implementation of the approved management project, the construction units should report the environmental impact evaluation documents before submitting the project approval report. In accordance with national regulations, construction units should report environmental impact evaluation documents in advance of project backup and start-up construction. Article 20 Environmental impact evaluation documents for construction projects have not been approved by the environmental protection administration, and the project approval sector shall not approve its construction and the construction units shall not commence work. In accordance with national provisions, construction projects that do not require a feasibility study and construction projects that may have a direct impact on public environmental rights, such as malicious oil cigarettes, noises, etc., construction units should report on the environmental impact evaluation of the construction project prior to the start of the work, which will require the licensing of business, and environmental impact evaluation documents should be presented in advance of the licence. Article 21, in addition to the State's requirement for confidentiality, provides that construction projects that should be prepared in accordance with the provisions of the report on environmental impact, construction units should seek advice from relevant units, experts and the public prior to the submission of environmental impact reports; without the preparation of environmental impact reports, may result in construction projects that directly affect the environmental rights and interests of the inhabitants of the project sites, such as malicious oil, cigarettes, etc., and construction units should be sought from the relevant units, communities and residents of the project sites prior to the presentation of environmental impact evaluation documents. The environmental impact evaluation documents of the construction units should be accompanied by an information obtained and an explanation of their views or omission. Article 22 Construction projects are one of the following cases, and the Environmental Protection Administration shall hold hearings before the approval of the environmental impact evaluation document of the project: (i) The project-building unit, prior to the submission of the environmental impact report, shall seek the relevant units, experts and public opinions without consultation; (ii) directly involve major public interests; (iii) There are greater differences in public opinion and the majority of public views have not been adopted; (iv) Other circumstances in which hearings should be held should be provided by law, legislation and regulations. With the approval of the project environmental impact evaluation document, the nature, size, location, use of production processes or measures to control pollution, and control ecological damage have changed significantly, and the construction units should resubmit the environmental impact evaluation documents. The environmental impact evaluation documents for construction projects have been decided to start work since the date of ratification, and their environmental impact evaluation documents should be re-approved by the former sector; more than two years, they should be re-confirmed by the former approval department. When the project environmental impact evaluation document was re-approved or confirmed by the approval sector, there were significant changes in the environment surrounding the project or significant changes in laws, regulations, regulations and environmental standards, and construction units should make consequential changes to the environmental impact evaluation documents. The original approval department shall review, confirm the written notification of the construction unit within 10 days of receipt of the request for a review or confirmation of the construction of the project environmental impact evaluation document. Article 24 The construction units should evaluate the environmental impacts of the project and the environmental protection response or measures proposed by the environmental protection administration sector, while designing, simultaneously constructing, ensuring that they are used in parallel with the work of the main subjects, and report on the environmental protection management sector in the context of the design of environmental protection facilities. For special reasons, the construction of project designs, construction processes would need to change environmental impact evaluation documents or the measures proposed in the environmental protection administration approval opinion, which should be agreed in advance with the approval sector. Article 25 Building units shall apply for the construction of project probationary production or probation operation before the construction of the project's main works are carried out. Environmental protection facilities accompanying construction projects have been constructed and consistent with the probationary production or probationary operating conditions, and the original approval cell should authorize the construction of project probationary production or probationary operation within 20 days of receipt of the probationary production application; environmental protection facilities have not been completed or do not take into account the measures proposed by the environmental impact evaluation document and the environmental protection management sector for approval. Article 26 Construction projects for environmental impact evaluation management should be completed in accordance with national provisions for environmental protection projects. The construction project does not adopt environmental impact evaluation documents and environmental protection measures by the environmental protection administration sector, which must not be completed through environmental protection, without formal input into production or use. In one of the following cases, construction units should organize environmental impact assessments in accordance with the provisions of the original approval sector: (i) The construction project has created circumstances that do not meet the approved environmental impact evaluation documents in the construction and operation process; (ii) The approval of environmental impact evaluation documents or the authorization authority of the original approval department to conduct post-environmental evaluations. Measures should be taken to eliminate adverse environmental impacts in the post-environmental evaluation of construction units and to report on measures to the environmental protection administration and the construction of project approval services. Chapter IV Legal responsibility Article 28 of the State's executive organs and their staff have one of the following cases, and administratively disposed of directly responsible personnel and other responsible personnel by the superior authority or the inspectorate in accordance with the law; constituted an offence and transferred to the judiciary to be criminalized by law: (i) Disadvantages or omissions in the organization of environmental impact evaluations, which result in a serious failure to evaluate environmental impacts, or approval of the draft plan for the preparation of environmental impact chapters, notes or not in accordance with the law; (ii) Not subject to statutory conditions or in violation of statutory procedures, to the approval of the environmental impact evaluation documents for construction projects, or to the collection of fees in the approval, review and construction of project environmental impact evaluation documents, in the event of serious circumstances; (iii) No evaluation of environmental impact assessments should be carried out by law, or environmental impact evaluation documents have not been approved, unauthorized approval of the project to build or self-authorize it with the relevant administrative licence. Article 29 states that, according to the People's Republic of China Environmental Impact Assessment Act and the relevant laws, regulations and regulations: (i) In violation of article 16, paragraph 1, subparagraphs (iii), (iv), (vi) of this approach, the provision of false environmental impact evaluation documents, infraction operations and fees by institutional and professional technical personnel engaged in the construction of environmental impact evaluation exercises; (ii) In violation of article 20, paragraph 1, of the present approach, article 23, paragraph 1, provides that construction units are not reported or resubmissioned to environmental impact evaluation documents or have been submitted but have not been approved, with unauthorized construction; (iii) In violation of article 23, paragraph 2, of the scheme, construction units have not re-exploited the environmental impact evaluation document and have been self-employed. Article 33 is one of the following cases, which is being restructured by the municipal environmental protection administration and can be fined by more than 3,000 dollars. (i) In violation of article 16, paragraph 1 (v), of the present methodology, the work agencies involved in the construction of environmental impact evaluations in the project have taken the lead in reducing environmental impact evaluation levels; (ii) In violation of article 25 of this approach, construction units, without the approval of the original approval sector, have been able to invest in the construction of the project subject matter for probationary production or probation. Chapter V Article 31 of this approach refers to areas of environmental sensitivity that have the following characteristics: (i) Areas requiring special protection: national legislation, regulations, administrative regulations and planning, or those requiring special protection, as approved by the Government of the people at the municipal level, such as water watersheds, natural protected areas, wind areas, ecological functional protected areas, basic farmland protected areas, soil erosion focus areas, important fisheries, forest parks, national focus protection units, historical cultural protected areas. (ii) Social areas of concern: population-intensive zones, concentration of residential areas, language, party administration-centralized office locations, therapy, hospitals, etc. The evaluation of the environmental impact of construction projects described in this approach refers to monitoring and validation evaluations of environmental impacts in construction and operation and the effectiveness of preventive measures, as well as remedial programmes or measures. Article 32 of this approach is explained by the Government's Environmental Protection Administration. Article 33 of this approach is implemented effective 8 July 2006. |
