Urgent

Environmental impact assessment is the abbreviation of environmental impact assessment, which refers to the method and system of analyzing, predicting and evaluating the possible environmental impact after the implementation of planned construction projects, putting forward countermeasures and measures to prevent or mitigate adverse environmental impact, and tracking and monitoring. Generally speaking, it is to analyze the possible impact on the environment after the project is completed and put into production, and put forward pollution prevention countermeasures and measures.

Environmental impact assessment refers to the systematic identification, prediction and evaluation of the possible impacts (consequences) on the environment after the implementation of proposed construction projects, regional development plans and national policies. The fundamental purpose of environmental impact assessment is to encourage environmental factors to be considered in planning and decision-making, and finally realize human activities that are more in line with the environment.

The process of environmental impact assessment includes a series of steps, which are carried out in sequence. In practical work, the workflow of environmental impact assessment can be different, and the order of each step can also be changed.

An ideal environmental impact assessment process should meet the following conditions:

(1) basically adapts to all projects that may have a major impact on the environment, and can identify and evaluate all possible major impacts.

(2) Compare various alternatives (including the case that the project is not built or the area is not developed), management technology and mitigation measures;

(3) Formulate a clear environmental impact statement, so that both experts and non-experts can understand the characteristics and importance of possible impacts;

(4) Including extensive public participation and strict administrative review procedures;

(5) Timely and clear conclusions to provide information for decision-making.

Law of the People's Republic of China on Environmental Impact Assessment

(Adopted at the 30th Session of the Ninth NPC Standing Committee on 28 October/2002 10)

catalogue

Chapter I General Provisions

Chapter II Environmental Impact Assessment of Planning

Chapter III Environmental Impact Assessment of Construction Projects

Chapter IV Legal Liability

Chapter V Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is formulated for the purpose of implementing the strategy of sustainable development, preventing the adverse impact of planning and construction projects on the environment, and promoting the coordinated development of economy, society and environment.

Article 2 The term "environmental impact assessment" as mentioned in this Law refers to the methods and systems for analyzing, predicting and evaluating the possible environmental impacts after the implementation of planning and construction projects, putting forward countermeasures and measures to prevent or mitigate adverse environmental impacts, and tracking and monitoring them.

Article 3 The planning and construction of projects that have an impact on the environment within the scope stipulated in Article 9 of this Law in People's Republic of China (PRC) and other sea areas under the jurisdiction of People's Republic of China (PRC) shall be subject to environmental impact assessment in accordance with this Law.

Article 4 Environmental impact assessment must be objective, open and fair, and comprehensively consider the possible impacts of planning or construction projects on various environmental factors and their ecosystems, so as to provide scientific basis for decision-making.

Article 5 The State encourages relevant units, experts and the public to participate in environmental impact assessment in an appropriate way.

Article 6 The State shall strengthen the construction of the basic database and evaluation index system of environmental impact assessment, encourage and support the scientific research of environmental impact assessment methods and technical specifications, establish the necessary information sharing system of environmental impact assessment, and improve the scientific nature of environmental impact assessment.

The competent administrative department of environmental protection of the State Council shall, jointly with relevant departments of the State Council, establish and improve the basic database and evaluation index system of environmental impact assessment.

Chapter II Environmental Impact Assessment of Planning

Article 7 The relevant departments of the State Council, the local people's governments at or above the municipal level divided into districts and their relevant departments shall, when making plans, organize an environmental impact assessment on the relevant land use plans and the plans for the construction, development and utilization of regions, river basins and sea areas, and prepare a chapter or explanation on the environmental impact of the plans.

When preparing an environmental impact chapter or explanation, it shall analyze, predict and evaluate the environmental impact that may be caused after the implementation of the plan, put forward countermeasures and measures to prevent or mitigate the adverse environmental impact, and submit them to the planning examination and approval authority as an integral part of the draft plan.

The examination and approval authority shall not approve a draft plan without an environmental impact chapter or explanation.

Article 8 The relevant departments of the State Council and the local people's governments at or above the municipal level divided into districts and their relevant departments shall organize the environmental impact assessment of the special plans (hereinafter referred to as special plans) on industry, agriculture, animal husbandry, forestry, energy, water conservancy, transportation, urban construction, tourism and resource development, etc. compiled by them, and submit the environmental impact report to the examination and approval authority of the special plans.

The guiding plans in the special plans listed in the preceding paragraph shall be subject to environmental impact assessment in accordance with the provisions of Article 7 of this Law.

Article 9 The specific scope of the environmental impact assessment plan stipulated in Articles 7 and 8 of this Law shall be stipulated by the competent administrative department of environmental protection of the State Council in conjunction with the relevant departments of the State Council and submitted to the State Council for approval.

Article 10 The environmental impact report of special planning shall include the following contents:

(a) analysis, prediction and evaluation of the possible impact of the implementation of the plan on the environment;

(2) Countermeasures and measures to prevent or mitigate adverse environmental impacts;

(3) conclusion of environmental impact assessment.

Article 11 Before the draft plan is submitted for examination and approval, the special planning organ shall hold a demonstration meeting, a hearing or take other forms to solicit the opinions of relevant units, experts and the public on the draft environmental impact report. However, unless the state stipulates that confidentiality is required.

The compiling organ shall seriously consider the opinions of relevant units, experts and the public on the draft environmental impact report, and attach an explanation of whether to adopt or not to adopt the opinions in the environmental impact report submitted for review.

Twelfth special planning authorities shall submit the environmental impact report to the examination and approval authority for examination and approval when submitting the draft plan for examination and approval. Without an environmental impact report, the examination and approval authority shall not approve it.

Article 13 Before examining and approving the draft special plan and making a decision, the people's government at or above the municipal level with districts shall convene a review team composed of representatives and experts from relevant departments designated by the people's government to review the environmental impact report. The review team shall put forward written review opinions.

The experts who participate in the evaluation team specified in the preceding paragraph shall be randomly selected from the list of experts in related disciplines in the expert database established in accordance with the provisions of the competent administrative department of environmental protection of the State Council.

The relevant departments of the people's governments at or above the provincial level shall be responsible for the examination and approval of special plans, and the measures for examining the environmental impact report shall be formulated by the competent administrative department of environmental protection of the State Council in conjunction with the relevant departments of the State Council.

Fourteenth people's governments at or above the municipal level or the relevant departments of the people's governments at or above the provincial level shall take the conclusions and review opinions of the environmental impact report as an important basis for decision-making when examining and approving the draft special plan.

If the conclusions and review opinions of the environmental impact report are not adopted in the examination and approval, they shall be explained and filed for future reference.

Fifteenth planning has a significant impact on the environment, the preparation organ shall timely organize environmental impact tracking evaluation, and report the evaluation results to the examination and approval authority; If it is found that there are obvious adverse environmental impacts, improvement measures shall be put forward in time.

Chapter III Environmental Impact Assessment of Construction Projects

Article 16 The State shall, according to the degree of environmental impact of construction projects, conduct classified management on environmental impact assessment of construction projects.

The construction unit shall, in accordance with the following provisions, organize the preparation of an environmental impact report, an environmental impact report form or fill in an environmental impact registration form (hereinafter referred to as an environmental impact assessment document):

(a) may cause significant environmental impact, it shall prepare an environmental impact report, and make a comprehensive evaluation of the environmental impact;

(two) may cause minor environmental impact, it shall prepare an environmental impact report, environmental impact analysis or special evaluation;

(3) If the impact on the environment is not significant and environmental impact assessment is unnecessary, an environmental impact registration form shall be filled in.

The catalogue of classified management of environmental impact assessment of construction projects shall be formulated and published by the competent administrative department of environmental protection of the State Council.

Seventeenth construction project environmental impact report shall include the following contents:

(a) the general situation of construction projects;

(two) the current situation of the surrounding environment of the construction project;

(three) analysis, prediction and evaluation of the possible impact of construction projects on the environment;

(four) environmental protection measures of construction projects and their technical and economic demonstration;

(five) the economic profit and loss analysis of the environmental impact of the construction project;

(six) suggestions on the implementation of environmental monitoring for construction projects;

(7) conclusion of environmental impact assessment.

Construction projects involving soil and water conservation must also have a soil and water conservation plan approved by the water administrative department.

The contents and formats of the environmental impact report form and the environmental impact registration form shall be formulated by the competent administrative department of environmental protection of the State Council.

Eighteenth environmental impact assessment of construction projects should avoid duplication with the planned environmental impact assessment.

As a whole, the environmental impact assessment is carried out according to the construction project, but the planned environmental impact assessment is not carried out.

For specific construction projects included in the environmental impact assessment plan, the content of environmental impact assessment can be simplified.

Article 19 An institution entrusted to provide technical services for the environmental impact assessment of a construction project shall, after passing the examination by the competent administrative department of environmental protection of the State Council, issue a qualification certificate, engage in environmental impact assessment services according to the grade and evaluation scope specified in the qualification certificate, and be responsible for the evaluation conclusion. The qualification conditions and management measures of institutions providing technical services for environmental impact assessment of construction projects shall be formulated by the competent administrative department of environmental protection of the State Council.

The competent administrative department of environmental protection of the State Council shall publish the list of institutions that have obtained qualification certificates to provide technical services for environmental impact assessment of construction projects.

Institutions that provide technical services for environmental impact assessment of construction projects shall not have an interest in the competent administrative department of environmental protection or other relevant examination and approval departments responsible for examining and approving environmental impact assessment documents of construction projects.

Article 20 The environmental impact assessment documents in the environmental impact report or environmental impact report form shall be compiled by institutions with corresponding environmental impact assessment qualifications.

No unit or individual may designate an institution for the construction unit to conduct environmental impact assessment on its construction projects.

Article 21 Except in cases where confidentiality is required by the state, before submitting the environmental impact report of a construction project, the construction unit shall hold a demonstration meeting, a hearing or take other forms to solicit the opinions of relevant units, experts and the public.

The environmental impact report submitted for approval by the construction unit shall be accompanied by an explanation of whether to adopt the opinions of relevant units, experts and the public.

Twenty-second construction project environmental impact assessment documents, by the construction unit in accordance with the provisions of the State Council, submitted to the competent administrative department of environmental protection for approval; For a construction project with a competent department of industry, its environmental impact report or statement shall be submitted to the competent administrative department of environmental protection for examination and approval after preliminary examination by the competent department of industry.

The examination and approval of the marine environmental impact report of marine engineering construction projects shall be handled in accordance with the provisions of the Marine Environmental Protection Law of the People's Republic of China.

The examination and approval department shall make an examination and approval decision within 60 days from the date of receiving the environmental impact report, 30 days from the date of receiving the environmental impact report form, and 0/5 days from the date of receiving the environmental impact registration form, and notify the construction unit in writing.

Pre-examination and approval of environmental impact assessment documents of construction projects shall not charge any fees.

Twenty-third the State Council municipal environmental protection administrative department is responsible for the examination and approval of the environmental impact assessment documents of the following construction projects:

(a) nuclear facilities, top secret projects and other special construction projects;

(2) Construction projects across provinces, autonomous regions and municipalities directly under the Central Government;

(three) construction projects approved by the State Council or authorized by the relevant departments of the State Council.

The examination and approval authority of environmental impact assessment documents of construction projects other than those specified in the preceding paragraph shall be stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

A construction project may cause adverse environmental impact across administrative regions. If the relevant administrative department of environmental protection disputes the conclusion of the environmental impact assessment of the project, the environmental impact assessment document shall be submitted to the administrative department of environmental protection at the next higher level for examination and approval.

Article 24 If the nature, scale, location, production technology or measures to prevent pollution and ecological damage of a construction project have undergone major changes after the approval of the environmental impact assessment document of the construction project, the construction unit shall resubmit the environmental impact assessment document of the construction project.

If the environmental impact assessment document of a construction project has been approved for more than five years, it shall be submitted to the original examination and approval department for re-examination. The original examination and approval department shall, within ten days from the date of receiving the environmental impact assessment document of the construction project, notify the construction unit in writing of the audit opinions.

Article 25 If the environmental impact assessment document of a construction project has not been examined by the examination and approval department prescribed by law or has not been approved after examination, the project examination and approval department shall not approve its construction, and the construction unit shall not start construction.

Twenty-sixth during the construction of a construction project, the construction unit shall simultaneously implement the environmental protection countermeasures put forward in the environmental impact report, the environmental impact report form and the examination and approval opinions of the examination and approval department of the environmental impact assessment document.

Twenty-seventh in the process of project construction and operation, it is found that it does not meet the approved environmental impact assessment documents, and the construction unit shall organize the post-environmental impact assessment, take improvement measures, and report to the original environmental impact assessment document examination and approval department and the construction project examination and approval department for the record; The examination and approval department of the original environmental impact assessment document may also instruct the construction unit to conduct post-environmental impact assessment and take improvement measures.

Article 28 The competent administrative department of environmental protection shall track and inspect the environmental impact of a construction project after it is put into production or used, and shall find out the reasons and investigate the responsibilities if it causes serious environmental pollution or ecological damage. Institutions providing technical services for environmental impact assessment of construction projects that prepare false environmental impact assessment documents shall be investigated for legal responsibility in accordance with the provisions of Article 33 of this Law; Any staff member of the examination and approval department who neglects his duty or engages in malpractices for personal gain and approves the environmental impact assessment document of a construction project that should not be approved according to law shall be investigated for legal responsibility in accordance with the provisions of Article 35 of this Law.

Chapter IV Legal Liability

Article 29 If a planning agency violates the provisions of this Law by practicing fraud or neglecting its duties in organizing environmental impact assessment, resulting in serious inaccuracies in the results of environmental impact assessment, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions by the higher authorities or supervisory organs according to law.

Article 30 If the planning examination and approval authority illegally approves a draft plan that should have an environmental impact chapter or explanation or a draft special plan that should be accompanied by an environmental impact report, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions by their higher authorities or supervisory organs according to law.

Article 31 If a construction unit fails to submit the environmental impact assessment document of a construction project for approval according to law, or fails to complete or re-examine the environmental impact assessment document in accordance with the provisions of Article 24 of this Law and starts construction without authorization, the competent administrative department of environmental protection with the power to examine and approve the environmental impact assessment document of the project shall order it to stop construction and complete the formalities within a time limit; If the formalities are not completed within the time limit, a fine of not less than 50,000 yuan but not more than 200,000 yuan may be imposed, and the directly responsible person in charge and other directly responsible personnel of the construction unit shall be given administrative sanctions according to law.

If the environmental impact assessment document of a construction project is not approved by the original examination and approval department or re-approved, and the construction unit starts construction without authorization, the competent administrative department of environmental protection that has the right to examine and approve the environmental impact assessment document of the project shall order it to stop construction and may impose a fine of not less than 50,000 yuan but not more than 200,000 yuan. The person in charge directly responsible for the construction unit and other directly responsible personnel shall be given administrative sanctions according to law.

If the construction unit of a marine engineering construction project commits the illegal acts listed in the preceding two paragraphs, it shall be punished in accordance with the provisions of the Marine Environmental Protection Law of the People's Republic of China.

Article 32 If the environmental impact assessment of a construction project is not conducted according to law, or the environmental impact assessment document is not approved according to law, and the examination and approval department approves the construction project without authorization, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions by the higher authorities or supervisory organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 33 If an institution entrusted to provide technical services for the environmental impact assessment of a construction project is irresponsible or fraudulent in the environmental impact assessment, resulting in inaccurate environmental impact assessment documents, the competent administrative department of environmental protection that granted the environmental impact assessment qualification shall lower its qualification level or revoke its qualification certificate, and impose a fine of more than one time and less than three times the cost; If a crime is constituted, criminal responsibility shall be investigated according to law.

Thirty-fourth departments responsible for the pre-examination and approval of environmental impact assessment documents of construction projects shall be ordered by their higher authorities or supervisory organs to refund the fees charged at the time of approval; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.

Article 35 Any staff member of the competent administrative department of environmental protection or other departments who engages in malpractices for personal gain, abuses his power, neglects his duty and illegally examines and approves the environmental impact assessment documents of construction projects shall be given administrative sanctions according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter V Supplementary Provisions

Article 36 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to local actual conditions, require the people's governments at the county level to conduct environmental impact assessment on the planning within their respective jurisdictions. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government with reference to the provisions of Chapter II of this Law.

Article 37 Measures for environmental impact assessment of military facilities construction projects shall be formulated by the Central Military Commission (CMC) in accordance with the principles of this Law.

Article 38 This Law shall come into force as of September 6, 2003.