Key Benefits:
(Act No. 166 of the People's Government Order No. XIV of 15 December 2003) Chapter I General Article 1 promotes economic and social 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 management regulations and other laws, regulations. Article 2 builds projects that affect the environment within the administrative areas of this province and applies this approach. 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. This approach refers to the development of construction projects in the form of fixed-term asset investment, including industrial construction projects and infrastructure, real estate development, catering, recreation, tourism and various regional development projects. Article IV units or individuals involved in the construction of projects should comply with environmental protection laws, regulations, regulations, regulations, regulations, clean production, prevent or minimize adverse environmental impacts, and improve, rehabilitate and rehabilitate the environment damaged by construction activities. The units or individuals involved in the construction of projects should be compensated or compensated by law for damage to environmental rights and interests caused to States, citizens, legal persons and other organizations in construction activities. Units or individuals involved in construction projects should be strengthened to build greenization and sanitation in the vicinity of the construction project, focusing on the development of the project's external academic design, the protection of historical cultural and natural heritage, local traditional landscapes and natural, human landscapes. Article 5 new construction, alteration, expansion, relocation and technology rehabilitation projects should comply with the following provisions: (i) The choice site is in line with the overall land-use planning, urban overall planning or village town-building planning, and is in line with environmental functional area requirements; (ii) In line with national and provincial industrial policies; (iii) Meeting clean production requirements; (iv) Emissions of pollutant pollutants not exceeding national and provincial emission standards; (v) Implementation of projects to control construction in the area of total pollutant emissions and the need to implement the overall control requirements for pollutant emissions; (vi) The environmental impact of construction projects must be consistent with environmental quality requirements identified in the environmental functional areas of the project. Article 6 prohibits the construction of contaminated environments, ecological damage and important landscape projects in key ecological functional areas and in other specific areas under laws, regulations and regulations, and limits the construction of projects that may undermine environmental quality and functionality. Article 7. More than the people at the district level may decide to prohibit projects that may seriously affect the environment in specific locations outside the region, in accordance with the actual needs of environmental protection. Article 8 The executive authorities at all levels, UNCTAD, construction, planning, land resources, business, transport, water, oceans, agriculture, tourism, etc. should be able to build the environmental protection of projects in accordance with their respective responsibilities. The Government of all levels and the relevant administrative authorities shall not approve construction projects that are not in compliance with environmental protection laws, regulations, regulations and requirements in ecological provinces. Article 9. The executive authorities and relevant authorities at all levels should establish, maintain public systems for the sound administration of justice, establish clear elements, responsibilities, regulate law enforcement procedures and enforce justice. Chapter II Environmental impact evaluation Article 10. The construction units shall, prior to the design of the project, classify the management directory for the environmental impact evaluation of the construction project in accordance with national regulations (hereinafter referred to as the classification of the management directory), prepare environmental impact reports or environmental impact reporting tables or complete environmental impact registration forms (hereinafter referred to as environmental impact evaluation documents). The types of construction projects not listed in the classification management directory should be declared by the construction units to the executive authorities with the authorization. Environmental protection administrative authorities should determine the type of evaluation of the construction project and inform the construction units in writing, in accordance with the relevant provisions of the State and the province. Article 11 should develop proposals on environmental impact or a project on the development of environmental impact reporting tables, which could provide a summary statement to the executive authorities of the project location on initial constituencies, project profiles and possible environmental impacts, prior to the implementation of environmental impact assessments. In accordance with the content of the proposed construction project, the characteristics of pollution and the provisions of articles 5 to 7 of this approach, the executive authorities of environmental protection should inform the construction units in writing of the rejection of the proposed construction project. Article 12 Economic technology development zones, high-technical industrial development zones, tourist holidays, special industrial parks, etc. construction projects that can be used to produce or complete environmental impact evaluation documents for the environmental impact assessment of the parking area, and that the environmental impact evaluation documents of the parking area are already covered and streamlined. Article 13 Environmental impact reports, environmental impact reporting forms are commissioned by the construction units to carry out environmental impact evaluation technology services (hereinafter referred to as environmental impact evaluation agencies) based on environmental surveys, based on national environmental impact evaluation technical norms. Any unit or individual shall not designate an environmental impact evaluation institution for the construction unit. Article 14. The environmental impact reporting form or the construction of the environmental impact registration form should be developed, and environmental impact evaluation institutions, construction units should receive public inquiries on the construction of projects and adopt public-provided environmental protection advice and recommendations. Article 15. Construction units shall notify the public, through the media or other means, of the following elements within the scope and scope of the environmental impact of the construction project, prior to the release of the environmental impact report, and provide access and services to the public within 7 days of the date of the announcement: (i) The name of the construction unit, the legal representative, the location of the unit and the means of communication; (ii) The nature and content of construction projects; (iii) The construction of the project location and its surrounding profiles (written and accompanying notes); (iv) The main types and emissions of pollutant substances generated by construction projects may have environmental impacts and the measures to be taken to combat pollution; (v) Approval of the environmental protection authorities of the project's environmental impact report and its means of communication. Building units may organize hearings and hearings based on the needs of public surveys. Prior to the meeting, the construction units should be published through the media or other means, and the participation of representatives of social groups, research institutions, management agencies in environmental sensitive areas, schools, village councils (community councils). The public has environmental protection opinions on construction projects, which should be presented to the construction units within 10 days of the date of the announcement or the convening of an argumentary and hearing. The public may reproduce the opinion to the administrative authorities responsible for the environmental protection of the environment. Article 16 build-up units should bring together public opinions in a timely manner and be sent to the environmental impact evaluation agencies entrusted to them. The construction units may commission public surveys by environmental impact evaluation agencies; in this case, the provisions of article 15, paragraph 2, apply to environmental impact evaluation institutions. Article 17 build-up units, environmental impact evaluation institutions should fully listen to public opinions, be responsible for the authenticity of public investigations, and should not be used to conceal, detract public opinions or other means of circumscribeing to influence public investigations. Article 18 The environmental impact reports submitted by the construction units should be accompanied by notes that the views of the public, experts are adopted or not adopted. Article 19 (i) The construction projects established by the Government of the province and its relevant departments; (ii) The construction projects established by the Government of the city and its relevant sectors that fall under the heavy contaminated industry, as well as other construction projects that may severely contaminated the environment or undermine ecological damage; (iii) Alternative sites or construction projects in the urban administration area that affect the environment; (iv) Projects submitted by the municipal environmental protection administrative authorities in the establishment area for dispute-building projects on environmental issues. As indicated in paragraph 1 above, the provincial environmental protection administrative authorities may entrust the project's host city or the district (communication, area) environmental protection administrative authorities in accordance with the extension of economic management authority in accordance with the Zangger Committee document [2002]40. Article 20 (i) The construction projects established by the Government of the city and its relevant sectors; (ii) People's Government and its related sectors identified as construction projects in heavy contaminated industries as well as other projects that may seriously contaminated environments or undermine ecological construction; (iii) A choice site or environmental impact project for construction across the administrative areas of the city (market, area); (iv) The project on disputed construction of environmental issues submitted by district (markets, areas) environmental protection administrative authorities. As indicated in paragraph 1 above, the municipal environmental protection administrative authorities in the area may commission approval by the environmental protection administrative authorities in the district of the project (market, area). Article 21 Regional Environmental Protection Administrative authorities are responsible for the approval of project environmental impact evaluation documents in the current administration area, in addition to the approval of project environmental impact evaluation documents, which should be approved by national, provincial and municipal environmental protection authorities. Article 2 of this province's local legislation, the regulations of the provincial people's government and the regulatory documents of the former province before the entry into force of this approach have special authorization for the construction of project environmental impact evaluation documents, from their provisions, for the municipalities, districts (markets, zones) and economic technology development areas. In accordance with environmental protection needs, the authorization authority under articles 19 to 21 can be adjusted. The adjustment programme was submitted by the provincial authorities for the protection of the environment and was implemented after the approval of the provincial Government. Article 23 may result in significant adverse environmental impacts, public reflection of strong construction projects, and its environmental impact reports should include viable solutions to pollution and ecological damage. The implementation of the aggregate emission control project in the region should include the construction of a total control programme for post-natal pollutant emissions. Article 24 shall review environmental impact evaluation documents by the executive authorities of environmental protection from the date of receipt of environmental impact evaluation documents and related approval materials, based on laws, regulations, regulations and national, provincial industrial policy and environmental impact evaluation technical norms, and make approval decisions and written notification of construction units within the specified period of approval. Article 25 construction projects that do not meet the conditions set forth in Article 5 shall not be approved by the environmental protection administrative authorities. The environmental impact evaluation documents are produced in one of the following cases, and the environmental protection administrative authorities should provide specific guidance to modify or re-establish: (i) Developing non-performance, poor quality and non-compliance with environmental impact evaluation technical normative requirements; (ii) The construction of environmental impact reports should be developed and the construction units are not attached to the views provided for in article 18; (iii) In violation of article 23, paragraph 1, and paragraph 2, no relevant prevention or control programmes; (iv) Failure to carry out public investigations in accordance with this approach or acts prohibited under article 17 of the public investigation; (v) Environmental impact evaluation institutions do not have the corresponding qualifications and operational capacity. Article 26 Environmental protection administrative authorities have taken approval decisions and, in their ratification documents, specific requests should be made for environmental protection measures to be implemented by construction units in construction project design, construction, inspection phases. Article 27, in the process of approval of environmental impact evaluation documents by the environmental protection authorities, provides public advice on environmental protection, may request access to environmental impact evaluation documents and related annexes, except where confidentiality is required by the State. The executive authorities of the environmental protection can communicate, coordinate on the issue of controversy, in accordance with the need to convene construction units and relevant public representatives. Article 28, after the approval of the environmental impact evaluation document, the nature of the construction project, the location of major changes, or its size, changes in production processes, resulting in significant changes in the types of pollutant emissions or the total pollutant emissions, which could have a greater impact on the environment, and the construction units should reproduce the environmental impact evaluation documents. 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 the former environmental impact evaluation document, which should be re-executed by the environmental protection administrative authorities. Article 29 above-level executive authorities for environmental protection provide guidance and oversight for the construction of environmental management projects at the lower level of environmental protection administration. The executive authorities for the protection of the environment at the lower level should submit environmental impact evaluation approval reports to the executive authorities for environmental protection at the highest level. Article 33 Environmental impact evaluation bodies should undertake environmental impact evaluation in accordance with their qualifications and the corresponding operational scope, rigorous implementation of environmental impact evaluation technical norms and fees standards, and legal responsibility for environmental impact evaluation findings. Article 31 provides that the relevant authorities, such as transport, rail, civil aviation, electricity, water, and ocean affairs, are subject to prequalification or clearance before the approval of the executive authority for environmental protection evaluation documents. In accordance with the relevant provisions of the State, registration construction units shall submit approved environmental impact evaluation documents to the business administration authorities or other relevant registry authorities when registration is requested. Chapter III Designation of environmental protection measures during the construction inspection process Article 33 units responsible for the construction of project design should prepare a chapter on environmental protection in accordance with the requirements set out in the national environmental protection project design, with specific implementation of environmental protection measures and investment estimates identified in environmental impact evaluation documents and approval documents. In accordance with environmental impact evaluation documents and the request for approval documents, construction projects need to be accompanied by the construction of environmental protection facilities for the prevention of pollution and ecological damage (hereinafter referred to as environmental protection facilities) and environmental protection facilities should be designed, constructed and delivered in parallel with the work of the subject. parks such as economic technology development zones should be equipped with the corresponding infrastructure for environmental protection, based on 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. Article XV Environmental Protection Facility construction should be carried out by units with environmental protection facilities engineering qualifications. 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 36 Construction units should provide environmental protection facilities to environmental authorities. The construction units and construction units shall not change the design documents of environmental protection facilities with the intent of changing the requirements of environmental impact evaluation documents and approval of documentation. In the construction of the project, the construction unit should take measures to control pollution such as dust, noise, respiration, waste, solid waste and solid waste, to prevent or mitigate the damage of construction to the natural environment, such as water, vegetation, landscape, etc., and to improve the environment surrounding construction sites. In the construction of projects, construction units should be promoted to take environmental protection measures. Article 338 provides technical oversight for the implementation of environmental protection measures in construction projects that may result in significant environmental impacts. Following the completion of construction projects, construction units should apply to environmental protection authorities in environmental protection projects. The construction project was to conduct a probationary production, and the construction unit should inform the environmental protection administrative authorities in advance of the start of the probationary production and, within three months from the start of the probationary production (with the exception of the State's otherwise provided) to the environmental protection administrative authorities for the receipt. The construction units should submit a monitoring report to the environmental protection administrative authorities for the pilot operation of environmental protection facilities; environmental protection facilities should be conducted simultaneously during the probationary production period. 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. Without experience, construction projects must not be completed through the overall engineering test and must not be produced. Article 40 Prior to the production of project construction, the Environmental Protection Administration should take measures to promote the implementation of the prevention and control programmes set out in article 23, paragraph 1, and paragraph 2. Article 40, in the construction and operation of projects, should, in the event of circumstances that are not in compliance with the approval of environmental impact evaluation documents, construction units should organize post-benefit evaluations of environmental impacts, take measures to improve and report on relevant sectoral clearance of construction projects. Chapter IV Legal responsibility Article 42 states that construction units do not have environmental impact evaluation approval documents approved by the environmental authorities of the environmental protection administration, unauthorized construction, cessation of construction by the environmental protection administrative authorities, removal of environmental impact evaluation documents, late issuance of fines of more than 200,000 dollars, unauthorized start-up work and the development of inputs, and termination of production by environmental protection administrative authorities, removal of the production of environmental impact evaluation documents, and fines of over 500,000 dollars. The construction projects have not been resubmitted under article 28, the publication of environmental impact evaluation documents, which are sanctioned under this article by unauthorized start-up construction or the production of inputs. Article 43 quasibilizes the environmental protection authorities to approve construction projects, which are mandated by the executive authorities of the environment with the authorization to stop construction or production and re-approval by law. The executive authorities of environmental protection are in conflict with the approval of construction projects within the competence of the authorization and are mandated by the executive authorities of environmental protection at the highest level to withdraw their own approval or recommend to the Government of the same-ranking people to withdraw their approval documents and re-approve them in accordance with the law. Article 44 supplements the procedures for the approval of environmental impact evaluation documents under article 42 or construction projects re-approved in accordance with article 43, and shall not be approved in accordance with the conditions for the approval of environmental impact evaluation documents; Article 42 of the Environmental Protection Administration decided to stop construction projects or the decision of the People's Government to shut down them, and the Environmental Protection Administration should urge construction units to improve the environment damaged by construction activities. During the construction of project probationary production, the environmental protection facility was not operational at the same time, and the time limit was changed by the executive authorities of the environment; it was delayed to stop the testing of production and to impose a fine of 500,000 dollars. Article 47, in violation of the environmental protection laws, regulations, regulations and regulations of construction projects, the environmental administration authorities of the district (markets, zones) decided to impose fines of more than 50,000 to 10,000 dollars before the execution of the municipal environmental protection administrative authorities of the area in which they should be reported, decided to impose fines of more than 10,000 to 200,000 dollars, should be reported to the provincial executive authorities for the environmental protection of the environment; the municipal environmental protection authorities in the area decided to impose the penalties of over 10,000 to 200,000 dollars, and the executive authorities of the provinces should review environmental protection. Article 48 of the Environmental Impact Assessment Body is irresponsible or misleading in environmental impact evaluation, resulting in a serious loss of environmental impact evaluation findings, which are recommended by the Provincial Environmental Protection Administration authorities to reduce their level of qualifications or to cancel their credentials, and to impose a fine of more than three times the cost of environmental impact evaluation; and to provide administrative or disciplinary action to the competent and other direct responsible personnel directly responsible. Article 49 builds project design, construction, treasury units and their associated responsibilities, and violates the environmental protection provisions of construction projects in their operations, punishing or administrative disposal in accordance with the relevant provisions of national and present provinces. Article 50 of the Environmental Protection Administration and the authorities responsible for the construction of project environmental protection clearance are one of the following acts, and administrative or disciplinary measures are granted to the competent and other direct responsible persons directly responsible: (i) Environmental impact evaluation documents in violation of the principles, competencies and procedures set out in this approach; (ii) Accreditation of environmental protection facilities that are not in compliance with the provisions; (iii) To play a role in the field of environmental pollution and ecological damage in the area of construction, or in the form of condonation and condonation of the offence; (iv) Abuse of authority in order to be private or to undermine the interests of the administrative relative. Article 50 states that the Government of the People and its relevant departments have one of the following acts, and that those responsible for its main leadership are given administrative or disciplinary measures by law: (i) Contrary to approval of construction projects; (ii) Reference to the unlawful approval or inspection of construction projects by the public, strong environmental protection administration and relevant authorities; (iii) Violations of international interference, limitations on the administration of environmental protection, by law, to establish project environmental violations; (iv) Non-performance of the legislative responsibility for building environmental protection in projects. Article 52, in violation of this approach, provides that its conduct constitutes an offence and is criminalized by law. In violation of this approach, its conduct violates the legitimate rights and interests of citizens, legal persons and other organizations and should be held in accordance with the law. The executive branch and its staff are in violation of their legitimate rights and interests, in accordance with the National Compensation Act of the People's Republic of China and the People's Republic of China Administrative Procedure Act. Article 53 corresponds to the opinion of the executive branch that specific administrative acts, such as administrative sanctions decisions, undermine their legitimate rights and interests, may apply for administrative review in accordance with the law or for administrative proceedings before the People's Court. The parties had not applied for reconsideration or had not been prosecuted and had refused to fulfil their obligations under specific administrative acts, such as administrative penalties decisions, and the executive body that had made specific administrative acts applied for enforcement by the People's Court. Chapter V Article 54 of this approach refers to important ecological functional areas of river origin, major water cover, water conservation focus on protected areas and priority monitoring areas, river flooding and important fisheries waters. The environmental sensitive areas referred to in this approach refer to the following regions: (i) The protected areas of drinking water sources, landscapes, natural protected areas, the scope of protection of forest parks, physical protection units and the establishment of special protection areas such as control zones, historical cultural neighbourhoods (in villages), basic farmland protected areas; (ii) Ecologically sensitive areas such as wetlands, cherishing rare plant habitats, natural forests and important fisheries; (iii) Social areas of concern such as hygienic, hospitals, correctional areas and special regions with cultural, scientific, national and religious significance; (iv) The quality of the environment has reached areas where environmental functional areas are not required. This approach refers to the need to adapt to market competition, industrial upgrading and urbanization processes that are based on regional specific economics to the need for a reasonable convergence of the industry, which is the subject of niche enterprises, with appropriate concentration and a reasonable division of labour. Article 55 provides for article 38 that the provincial executive authorities for environmental protection develop specific management practices with the relevant authorities, and that the implementation of the provincial government has been carried out with approval. Article 56, Article 19, Article 20, referred to “remainly contaminated industries” and “other construction projects that may seriously contaminated the environment or undermine ecology”, are developed and published by the provincial environmental protection administrative authorities. Article 57 |
