Environmental protection laws and regulations

Environmental Impact Assessment Law of the People's Republic of China
October 28, 2002 the Ninth National People's Congress Standing Committee of the 30th Session

"Environmental Impact Assessment Law of the People's Republic of China" from the People's Republic of the Ninth National People's Congress Standing Committee at the 30th meeting of October 28, 2002, are hereby promulgated and come into effect on September 1, 2003.
Chinese President Jiang Zemin on October 28, 2002

First Chapter
The first to implement the strategy of sustainable development, planning and construction projects to prevent adverse environmental impacts of the implementation, promotion of economic, social and environmental development, the enactment of the law.
The second environmental impact assessment of this law, it refers to the planning and implementation of the project after the environmental impact analysis, prediction and assessment, to prevent or mitigate adverse environmental impacts of policies and measures to track and monitor the system.
Article III of Section within the scope defined by the plan, in the jurisdiction of the People's Republic of China to the People's Republic of China and other areas where the impact on the environment, environmental impact assessment should be conducted in accordance with this law.
Fourth of environmental impact assessment should be objective, open and just, comprehensive consideration of planning or construction projects and the implementation of various environmental factors posed by the possible impact of the ecological system, providing a scientific basis for decision-making.
Article 5 The state encourages relevant units, experts and public participation in environmental impact assessment in an appropriate manner.
Sixth of the country on the basis of environmental impact assessment and evaluation database system, and encourage and support the environmental impact assessment methodologies, scientific research, technical standards, create the necessary environment impact assessment, information sharing system, and improving the scientific nature of environmental impact assessment.
Environmental protection administration departments of the State Council shall, in conjunction with relevant departments, organizations establish and improve the basic database of environmental impact assessment and evaluation system.

Chapter II of the environmental impact assessment plan
7 Relevant departments of the State Council, the district above the level of local governments and their departments, its organizational structure of land-use planning, regional, rivers and seas building, the development and use of planning, the planning process should be organized to carry out an environmental impact assessment, planning for the preparation of the environmental impact of the chapter or notes. Planning for the environmental impact of the chapter or notes, it should be possible to implement the plan after the environmental impact analysis, prediction and assessment, to prevent or mitigate adverse environmental impacts of policies and measures as an integral part of the draft plan submitted to the planning approval organs together. Or the preparation of the environmental impact of the chapter did not explain the draft plan, the approving authority will not be approved.
Article 8 of the State Council departments, the district above the level of local governments and their departments, its organizational structure of industry, agriculture, animal husbandry, forestry, energy, water, transportation, urban construction, tourism, exploitation of natural resources of the special Planning (hereinafter referred to special plans), it should be in the draft plan submitted to the special approval, carry out an environmental impact assessment, the authorities were planning to the approval of the special environmental impact report. The above-mentioned special plan guiding planning, in accordance with the provisions of Article VII of the Act to carry out an environmental impact assessment.
In accordance with Article 7 of Article 9 of this Act, the provisions of Article 8 of planning to carry out an environmental impact assessment of the scope, the State Council's environmental protection administration departments of the State Council departments, and submitted to the State Council for approval.
10th special plan of the environmental impact report should include the following :
(A) the potential impact on the environment, analysis, prediction and assessment;
(B) to prevent or reduce the adverse environmental impact of policies and measures;
(C) environmental impact assessment conclusions.
11 special plans for the establishment of the organs could have adverse environmental impacts and directly involve public environmental interests in the planning, the draft should be submitted to the planning approval, at the feasibility studies and public hearings, or take other forms, seek relevant units, experts and the public on the draft environmental impact report on the views. However, the state needs to be kept confidential, except in the cases. The authorities should seriously consider the establishment of units, experts and public comments on the draft environmental impact report and environmental impact report should be submitted to the review of the book contain the views of the adopted or not adopted.
Article 12 of the special plans have been submitted for planning agencies in the preparation of the draft, an environmental impact report should be reviewed together with a copy of the approving authority; Not attached to the environmental impact report, the examination and approval will not be approved.
Article 13 of the municipal people's governments at or above the district's special plan for approval in the draft and then make a decision, government should first designated the administrative departments in charge of environmental protection departments or other departments convened review panel composed of experts and representatives of the environmental impact report for review. The review team should submit a written review.
The expert review team shall participate, in accordance with the State Council's environmental protection administration departments should set up a database of experts in the relevant professional list of experts, to identify the sample.
By the people's governments at or above the provincial departments responsible for the approval of the special plan, environmental impact report on the review, by the State Council's environmental protection administration departments in relevant departments of the State Council.
Article 14 of the district or municipal people's governments at or above the relevant departments of people's governments at or above the provincial level special plan for approval the draft, should be the environmental impact report's conclusions and opinions as an important basis for decision-making.
In approving the environmental impact report did not accept the conclusions and opinions should be explained and archived for future reference.
Article 15 have a major impact on the environment for implementing the plan, the availability of organs should promptly follow environmental impact assessment, will report the results of examination and approval; Found a significant adverse impact on the environment, he should promptly measures for improvement.

Chapter III of the construction project environmental impact assessment
Article 16 The state construction projects in accordance with the environmental impact of construction projects in the environmental impact assessment of category management. Construction should be prepared in accordance with the following provisions of the environmental impact report, environmental impact reports, environmental impact or fill in registration forms (hereafter collectively referred to the environmental impact assessment) :
(A) may result in a significant environmental impact, an environmental impact report should be prepared to conduct a comprehensive evaluation of the environmental impact;
(B) may cause mild impact on the environment, should prepare an environmental impact reports on the environmental impact analysis or specific evaluation;
(C) minimal impact on the environment, no need to carry out an environmental impact assessment, environmental impact should fill in registration forms. Construction of the project's environmental impact assessment and classification directory management, administrative departments in charge of environmental protection by the State Council and published.
Article 17 of the construction project's environmental impact report should include the following :
(A) construction project profiles;
(B) construction projects around the environment;
(C) the potential impact of the construction project on the environment analysis, forecasting and assess
(D) construction projects for environmental protection measures and the technical and economic feasibility studies;
(E) the economic impact of construction projects on the environment and loss analysis;
(F) environmental monitoring of the implementation of construction projects;
(F) Environmental impact assessments. Construction projects involving soil and water conservation, water administration departments must also be examined and approved by the Soil and Water Conservation program. Environmental impact reports and environmental impact on the content and format of the register, administrative departments in charge of environmental protection by the State Council.
Article 18 of the construction project, environmental impact assessment, environmental impact assessment should be avoided and planning phase plots.
Planning construction projects as a whole, according to a construction project environmental impact assessment, environmental impact assessment plan.
Has undertaken an environmental impact assessment of the specific projects include planning, environmental impact assessment as construction units can be simplified.
Article 19 commissioned an environmental impact assessment for construction projects to provide technical services, should be approved by the State Council's environmental protection administration departments review after passing the examination, the quality of certificates issued in accordance with the provisions of the certificate of quality grading and evaluation, engaged in environmental impact assessment, the evaluation findings. Environmental impact assessment for construction projects to provide technical services in terms of quality and management, administrative departments in charge of environmental protection by the State Council.
Environmental protection administration departments of the State Council has made quality certificates for construction projects to provide technical services to the environmental impact assessment of the list should be made public.
Environmental impact assessment for construction projects to provide technical services, and shall not be responsible for the approval of the construction project environmental impact assessment documents, or other relevant administrative departments of environmental protection department approval of any interest.
20 environmental impact assessment report or document the environmental impact of environmental impact reports, it should have the necessary skills to create the preparation of environmental impact assessment.
Any unit or individual is allowed to build units designated to carry out an environmental impact assessment on its construction projects agency.
Article 21 required by state confidentiality in the circumstances, likely to cause significant environmental impacts, should prepare an environmental impact report on the construction project, the construction unit should have been submitted for construction projects in the environmental impact report, held a panel discussion and public hearings, or take other forms, seek relevant units, experts and the public.
Construction approval of the environmental impact report should contain the relevant units, experts and the views of the public to adopt or not adopt the shows.
Article 22 of the construction project's environmental impact assessment documents from the construction units reported in accordance with the stipulations of the State Council is responsible for approving the environmental protection administration departments for approval. Building trades department in charge of the project, its environmental impact report or environmental impact reports should be approved by the departments in charge of the industry after the preliminary hearing. reported that the approving authority of the Environmental Protection approval.
Impact on the marine environment, marine engineering report on the construction project approval, in accordance with the "PRC Marine Environmental Protection Law" in the regulations.
Examination and approval departments shall be received within 60 days from the day of the environmental impact report, environmental impact reports received on the 30th day, the environmental impact received within 15 days from the date of registration forms were written decision approving construction units. Examining, reviewing and approving construction project environmental impact assessment document should not collect any fees.
Article 23 of the State Council's environmental protection administration departments responsible for the approval of the following projects : the environmental impact assessment document
(A) nuclear facility, the top-secret nature of construction projects and other special projects;
(B) provinces, autonomous regions, municipalities, the regional administrative building projects;
(C) authorized by the State Council for approval by the State Council for approval or construction projects.
Shall be outside the building project's environmental impact assessment document examination and approval authority, the provincial, autonomous regional and municipal governments.
Chief of the inter-regional projects likely to cause adverse environmental impact of the administrative departments in charge of environmental protection on the controversial conclusions of the project's environmental impact assessment, environmental impact assessment by the joint document on the level of administrative departments in charge of environmental protection approval.
Article 24 of the construction project's environmental impact assessment document is approved, construction of the nature, scale and location, the production process or preventing pollution and the measures to prevent ecological damage to major changes taking place, the construction units should be re-approved the building of the project's environmental impact assessment documents 。
Construction of the project's environmental impact assessment document for more than five years since the ratification of the day, decided to start the construction of the project and its environmental impact assessment document should be reported for approval to re-examine the department; Since the department received approval to the construction project environmental impact assessment within 10 days from the date of document, the construction units will be notified in writing its opinion.
Article 25 of the construction project's environmental impact assessment regulations of the document without legal review has not been reviewed or approved by the examination and approval department shall not approve building projects, the construction units should not start building.
26 of the construction project construction, the construction units should be implemented at the same time the environmental impact report, environmental impact reports and environmental impact assessment document approving department, the environmental protection measures put forward their views.
Article 27 of the project construction, operation process have not consistent with the approval of the environmental impact assessment document the situation, the construction units should be organized after the environmental impact assessment to take corrective measures, environmental impact assessment report to the original document examination and approval departments, and the construction sector record. the original environmental impact assessment document approving departments can also instruct construction units after evaluation of the environmental impact and take measures for improvement.
Article 28 administrative departments in charge of environmental protection should be put into production or use on a construction project after the track and inspect the environmental impact of causing serious environmental pollution or ecological damage, should be further investigation and identify those responsible. Environmental impact assessment for construction projects is to provide technical services to the Environmental Impact Assessment prepared false documents, in accordance with the provisions of Article 33 of this law be held accountable under the law; Staff is the approving departments of dereliction of duty, according to the approved construction projects should be approved by the Environmental Impact Assessment documents, In accordance with the provisions of Article 35 of this law be held accountable under the law.

Chapter IV legal responsibility
Planning authorities had violated Article 29 of this law, environmental impact assessment organizations when fraud or negligence, misrepresentation caused serious environmental impact assessment, the people directly in charge and other personnel from the higher authorities or supervisory organ shall be given administrative punishments.
Article 30 of the planning permission, authorities should be prepared according to the environmental impact of the chapter in the planning or preparation of the draft without note, according to a copy of the environmental impact report should be without a copy of the special plans for the draft law to be approved by the people directly in charge and other personnel directly responsible. monitoring by the superior organ or organs shall be given administrative punishments.
Article 31 construction units in accordance with the law approved construction project environmental impact assessment document, or not in accordance with the provisions of Article 24 of this Act or to re-submit the request to re-examine the environmental impact assessment document authorization to start construction, the power to approve the project's environmental impact assessment documents administrative departments in charge of environmental protection order to stop construction deadline for completing the formalities. late in completing the formalities, shall be liable to pay a fine of 50,000 yuan more than 200,000 yuan on the construction of units directly in charge and other personnel directly responsible shall be given administrative punishments.
Construction project environmental impact assessment documents without permission or without approval to re-examine the department agreed to start the construction of the building without authorization, the right to approve the Environmental Impact Assessment documents administrative departments in charge of environmental protection order to stop construction of more than 50,000 may be a fine of 200,000 yuan. directly in charge of building units and other personnel directly responsible shall be given administrative punishments. Marine units before construction projects are included in the two offenses, in accordance with the provisions of the "People's Republic of China Marine Environmental Protection Law" penalties.
32 of the construction projects should carry out an environmental impact assessment in accordance with the law without assessment or environmental impact assessment documents without the approval of the law, approving departments to arbitrarily approve the project, the people directly in charge and other personnel from the higher authorities or supervisory organ shall be given administrative punishments. Constitute a crime. be held criminally accountable.
33 commissioned an environmental impact assessment for construction projects to provide technical services to the environmental impact assessment work in irresponsible or fraud, causing false documents to the environmental impact assessment, environmental impact assessment qualifications awarded by the administrative departments in charge of environmental protection to lower grades or revoke their professional qualifications certificates, have to pay three times more than double his pay a fine constitute a crime, be held criminally accountable.
34 for the pre-trial, examining and approving construction projects in the department of environmental impact assessment document charging fees for approval of its superior organ or supervisory authorities have ordered refunds; In serious cases, the people directly in charge and other personnel directly responsible shall be given administrative punishments.
Article 35 The administrative departments in charge of environmental protection departments, or other staff fraud, abuse of power and dereliction of duty, illegal approval of the construction project environmental impact assessment document shall be given administrative punishment. Constitute a crime, be held criminally accountable.

Chapter 5
Article 36 provinces, autonomous regions and municipalities under the local conditions, the area of the county shall require the preparation of the planning to carry out an environmental impact assessment. Specific methods provinces, autonomous regions, municipalities reference to the provisions of Chapter II of this law enacted.
Article 37 military facilities in the project's environmental impact assessment, by the Central Military Commission in accordance with the principles of this Act 。
Article 38 : This law will go into effect September 1, 2003