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

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

　　The Environmental Impact Assessment Law of the People's Republic of China, adopted at the 30th Meeting of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on October 28, 2002, is hereby promulgated and shall come into force as of September 1, 2003。

　　中华人民共和国主席 江泽民

　　28 October 2002

　　目录

　　** Chapter 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 general rules

　　Article ** This Law is enacted in order to implement the strategy of sustainable development, prevent adverse effects on the environment caused by the implementation of planning and construction projects, and promote coordinated development of the economy, society and the environment。

　　Article 2 The term "environmental impact assessment" as used in this Law refers to the methods and systems for analyzing, forecasting and assessing the environmental impact that may be caused after the implementation of planning and construction projects, proposing countermeasures and measures to prevent or mitigate adverse environmental impacts, and conducting follow-up monitoring。

　　Article 3 In drawing up plans within the scope prescribed in Article 9 of this Law and in constructing projects within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China that have an impact on the environment, environmental impact assessments shall be carried out in accordance with this Law。

　　Article 4 Environmental impact assessment must be objective, open and fair, taking into account the possible impacts of planning or construction projects on various environmental factors and the ecosystem they constitute, and providing a 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 manner。

　　Article 6 The State strengthens the construction of the basic database and evaluation index system for environmental impact assessment, encourages and supports scientific research on the methods and technical norms of environmental impact assessment, establishes the necessary information sharing system for environmental impact assessment, and improves the scientific nature of environmental impact assessment。

　　The competent department of environmental protection administration under The State Council shall, in conjunction with relevant departments under The State Council, organize the establishment and improvement of the basic database and evaluation index system for 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 city level divided into districts and their relevant departments，The relevant plans for the use of land prepared by its organization，Planning for the construction, development and utilization of regions, river basins and sea areas，Environmental impact assessments should be organized during the planning process，Prepare a section or description of the environmental impact of the plan。

　　The chapter or description of the plan concerning environmental impact shall analyze, forecast and evaluate the environmental impact that may be caused after the implementation of the plan, propose countermeasures and measures to prevent or mitigate adverse environmental impact, and submit it to the planning examination and approval authority together as part of the draft plan。

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

　　Article VIII The relevant departments of The State Council, the local people's governments at or above the city level divided into districts and their relevant departments，Special plans for industry, agriculture, animal husbandry, forestry, energy, water conservancy, communications, urban construction, tourism and natural resources development (hereinafter referred to as special plans) formulated by them，The draft of the special plan shall be submitted for approval before，To organize environmental impact assessment，And submit an environmental impact statement to the authority approving the special plan。

　　For the guiding plans in the special plans listed in the preceding paragraph, environmental impact assessment shall be carried out in accordance with the provisions of Article 7 of this Law。

　　Article 9 The specific scope of plans for environmental impact assessment in accordance with the provisions of Article 7 and Article 8 of this Law shall be formulated by the competent department of environmental protection administration under The State Council in conjunction with the relevant departments under The State Council and submitted to The State Council for approval。

　　Article 10 The environmental impact statement of a special plan shall include the following contents:

　　(1) Analysis, prediction and assessment 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) Conclusions of environmental impact assessment。

　　Article 11 For plans that may cause adverse environmental impacts and directly affect the environmental rights and interests of the public, the preparation authority of a special plan shall, before the draft plan is submitted for examination and approval, hold demonstration meetings, hearings, or take other forms to solicit opinions on the draft environmental impact statement from relevant units, experts and the public。However, except in cases where the State requires confidentiality。

　　The drafting authority shall seriously consider the opinions of relevant units, experts and the public on the draft environmental impact statement, and shall attach an explanation of the adoption or rejection of the opinions to the environmental impact statement submitted for examination。

　　Article 12 When submitting the draft plan for approval, the preparation authority of a special plan shall attach the environmental impact statement to the examination and approval authority for examination and approval;If no environmental impact statement is attached, the examination and approval authority shall not approve it。

　　Article 13 Before approving the draft of a special plan and making a decision, the people's government at or above the city level divided into districts shall, first, the competent administrative department of environmental protection designated by the people's government or other departments shall convene representatives and experts from relevant departments to form a review group to examine the environmental impact statement。The review team shall submit written review opinions。

　　The experts to participate in the review group provided for in the preceding paragraph shall be selected at random from the list of experts in the relevant professions in the expert database established in accordance with the provisions of the competent department of environmental protection administration under The State Council。

　　For special plans that are subject to examination and approval by the relevant departments of the people's governments at or above the provincial level, the measures for examining the environmental impact statement shall be formulated by the competent department of environmental protection administration under The State Council in conjunction with the relevant departments under The State Council。

　　Article 14 The people's government at or above the municipal level or the relevant department of the people's government at or above the provincial level shall, when examining and approving the draft special plan, take the conclusions of the environmental impact report and the review opinions as an important basis for decision-making。

　　Where the conclusions of the environmental impact statement and the review opinions are not adopted in the examination and approval, an explanation shall be made and the case shall be filed for future reference。

　　Article 15 After the implementation of a plan that has a major impact on the environment, the preparation authority shall promptly organize follow-up evaluation of the environmental impact and report the evaluation results to the examination and approval authority;Where obvious adverse environmental effects are found, improvement measures shall be put forward in a timely manner。

　　Chapter III environmental impact assessment of construction projects

　　Article 16 The State shall exercise classified management on the environmental impact assessment of construction projects according to their impact on the environment。

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

　　(1) Where significant environmental impact is likely to be caused, an environmental impact statement shall be prepared to conduct a comprehensive assessment of the resulting environmental impact;

　　(2) Where mild environmental impacts may be caused, an environmental impact report form shall be prepared and the resulting environmental impacts shall be analyzed or specially evaluated;

　　(3) Where the environmental impact is small and no environmental impact assessment is required, an environmental impact registration form shall be completed。

　　The classified management list for environmental impact assessment of construction projects shall be formulated and published by the competent department of environmental protection administration under The State Council。

　　Article 17 The environmental impact statement of a construction project shall include the following contents:

　　(1) Overview of the construction project;

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

　　(3) Analysis, prediction and assessment of the possible impact of the construction project on the environment;

　　(4) Environmental protection measures for construction projects and their technical and economic demonstration;

　　(5) Economic profit and loss analysis of the environmental impact of the construction project;

　　(6) Suggestions on the implementation of environmental monitoring for construction projects;

　　(7) Conclusions of environmental impact assessment。

　　For construction projects involving water and soil conservation, there must also be a water and soil conservation plan that has been examined and approved by the competent department of water administration。

　　The content and format of the environmental impact report form and the environmental impact registration form shall be formulated by the competent department of environmental protection administration under The State Council。

　　Article 18 The environmental impact assessment of a construction project shall avoid duplication with the planned environmental impact assessment。

　　As a whole construction project planning, according to the construction project environmental impact assessment, no planning environmental impact assessment。

　　For specific construction projects that have been included in the planning for environmental impact assessment, the content of environmental impact assessment can be simplified by the construction unit。

　　Article 19 Institutions entrusted to provide technical services for environmental impact assessment of construction projects shall, after passing the examination and examination by the competent administrative department of environmental protection under The State Council, issue qualification certificates, engage in environmental impact assessment services in accordance with the level and scope of assessment specified in the qualification certificates, and be responsible for the assessment conclusions。The qualifications and management measures for institutions providing technical services for environmental impact assessment of construction projects shall be formulated by the competent department of environmental protection administration under The State Council。

　　The competent department of environmental protection administration under The State Council shall publish the list of institutions that have obtained qualification certificates and provide technical services for environmental impact assessment of construction projects。

　　Institutions providing technical services for the environmental impact assessment of construction projects shall not have any interest relationship with the competent administrative department of environmental protection responsible for examining and approving the environmental impact assessment documents of construction projects or other relevant examination and approval departments。

　　Article 20 The environmental impact report or environmental impact report form in the environmental impact assessment document shall be prepared by the organization with the corresponding environmental impact assessment qualification。

　　No unit or individual may designate an agency for a construction unit to conduct environmental impact assessment on its construction projects。

　　Article 21 Except in cases where confidentiality is required as prescribed by the State, a construction project that may have a major impact on the environment and an environmental impact statement should be prepared, the construction unit shall, before submitting the environmental impact statement of the construction project for approval, hold a demonstration meeting, a hearing, or take other forms to solicit the opinions of the relevant units, experts and the public。

　　The environmental impact statement submitted for approval by the construction unit shall be accompanied by an explanation of the adoption or rejection of the opinions of the relevant units, experts and the public。

　　Article 22 Environmental impact assessment documents for construction projects，The construction unit shall, in accordance with the provisions of The State Council, report to the competent administrative department of environmental protection with the power of examination and approval for examination and approval;The construction project has the competent department of the industry，Its environmental impact report or environmental impact report form shall be pre-examined by the competent department of the industry，It shall be submitted to the competent administrative department of environmental protection with the power of examination and approval for examination and approval。

　　The examination and approval of Marine environmental impact statements for Marine construction projects shall be handled in accordance with the provisions of the Marine Environment Protection Law of the People's Republic of China。

　　The examination and approval department shall, within 60 days from the date of receipt of the environmental impact report, within 30 days from the date of receipt of the environmental impact report form and within 15 days from the date of receipt of the environmental impact registration form, make an examination and approval decision and notify the construction unit in writing。

　　No fees shall be charged for pre-examination, examination and approval of environmental impact assessment documents for construction projects。

　　Article 23 The competent department of environmental protection administration under The State Council shall be responsible for examining and approving the environmental impact assessment documents of the following construction projects:

　　(1) Construction projects of special nature such as nuclear facilities and top-secret projects;

　　(2) Construction projects in the administrative areas of cross-province, autonomous region and municipality directly under the Central Government;

　　(3) Construction projects approved by The State Council or approved by relevant departments authorized by The State Council。

　　The authority for examining and approving environmental impact assessment documents for construction projects other than those provided for in the preceding paragraph shall be prescribed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government。

　　If a construction project may cause adverse environmental impacts across administrative regions, and the relevant competent administrative department of environmental protection disputes the conclusion of the environmental impact assessment of the project, the environmental impact assessment document shall be examined and approved by the common competent administrative department of environmental protection at the next level。

　　Article 24 After the environmental impact assessment document of a construction project is approved, if there is a major change in the nature, scale, location, production technology adopted or measures to prevent pollution or ecological damage of the construction project, the construction unit shall submit the environmental impact assessment document of the construction project for approval again。

　　If the environmental impact assessment document of a construction project has been approved for more than five years, and the project is decided to start construction, the environmental impact assessment document shall be submitted to the original approving department for re-examination;The original examination and approval department shall, within 10 days from the date of receipt of the environmental impact assessment document of the construction project, notify the construction unit of its review opinions in writing。

　　Article 25 Where the environmental impact assessment documents of a construction project have not been examined by the examination and approval department as prescribed by law or have not been approved after examination, the examination and approval department of the project shall not approve the construction, and the construction unit shall not start construction。

　　Article 26 During the construction of a construction project, the construction unit shall simultaneously implement the environmental protection countermeasures and measures proposed in the environmental impact report, environmental impact report form and the examination and approval opinions of the environmental impact assessment document examination and approval department。

　　Article 27 In the process of construction and operation of the project, circumstances arise that do not conform to the approved environmental impact assessment documents，The construction unit shall organize a post-assessment of the environmental impact，Take improvement measures，And report to the original environmental impact assessment document approval department and construction project 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 a post-assessment of the environmental impact，Take improvement measures。

　　Article 28 The competent department of environmental protection administration shall follow up and inspect the environmental impact of a construction project after it has been put into production or use, and in the case of serious environmental pollution or ecological damage, it shall find out the causes and identify the responsibilities。Preparing false environmental impact assessment documents for institutions that provide technical services for environmental impact assessment of construction projects，To investigate its legal responsibility in accordance with the provisions of Article 33 of this Law;It belongs to the dereliction of duty and dereliction of duty of the staff of the examination and approval department，Approving the environmental impact assessment documents of construction projects that should not be approved according to law，They shall be investigated for legal responsibility in accordance with the provisions of Article 35 of this Law。

　　Chapter IV Legal liability

　　Article 29 Where an organ for planning preparation commits fraud or dereliction of duty in organizing an environmental impact assessment in violation of the provisions of this Law, resulting in serious misrepresentation of the environmental impact assessment, the person directly in charge and other persons directly responsible shall be given administrative sanctions by the organ at a higher level or the supervisory organ according to law。

　　Article 30 The planning examination and approval authority shall, in accordance with the law, prepare chapters or statements on environmental impact, but does not prepare draft plans，Draft special plans that should be accompanied by an environmental impact statement but are not，Illegal approval，To the directly responsible persons in charge and other directly responsible persons，Administrative sanctions shall be imposed by higher authorities or supervisory organs according to law。

　　Article 31 The construction unit failed to submit the environmental impact assessment documents of the construction project for approval in accordance with the law，Or failing to apply for approval again or apply for re-examination of environmental impact assessment documents in accordance with the provisions of Article 24 of this Law，To start construction without authorization，The competent department of environmental protection administration which has the power to examine and approve the environmental impact assessment documents of the project shall order the suspension of construction，Make up the formalities within a time limit;Failing to go through the formalities within the time limit，A fine of not less than 50,000 yuan but not more than 200,000 yuan may be imposed，Persons directly in charge of the construction unit and other persons directly responsible，Give administrative sanction according to law。

　　The environmental impact assessment documents of construction projects have not been approved or have not been re-examined and approved by the original examination and approval department，The construction unit starts construction without authorization，The competent department of environmental protection administration which has the power to examine and approve the environmental impact assessment documents of the project shall order the suspension of construction，A fine of not less than 50,000 yuan but not more than 200,000 yuan may be imposed，Persons directly in charge of the construction unit and other persons directly responsible，Give administrative sanction according to law。

　　Where the construction unit of a Marine engineering construction project commits any illegal act listed in the preceding two paragraphs, it shall be punished in accordance with the provisions of the Marine Environment Protection Law of the People's Republic of China。

　　Article 32 The construction project should have carried out environmental impact assessment in accordance with the law, but it has not been assessed，Or the environmental impact assessment documents have not been approved according to law，The examination and approval department authorizes the construction of the project without authorization，To the directly responsible persons in charge and other directly responsible persons，Administrative sanctions shall be imposed by higher authorities or supervisory organs according to law;criminal，Criminal responsibility shall be investigated according to law。

　　Article 33 Institutions entrusted to provide technical services for environmental impact assessment of construction projects are irresponsible or fraudulent in environmental impact assessment work，Causing the environmental impact assessment document to be inaccurate，The competent administrative department of environmental protection that has granted the qualification for environmental impact assessment shall reduce its qualification level or revoke its qualification certificate，A fine of not less than twice but not more than three times the amount charged;criminal，Criminal responsibility shall be investigated according to law。

　　Article 34 Where the department responsible for pre-examining, examining and approving the environmental impact assessment documents of a construction project collects fees in the course of examination and approval, it shall be ordered by its superior department or supervisory department to return them;If the circumstances are serious, the persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law。

　　Article 35 Any staff member of the competent department of environmental protection administration or any other department who engages in malpractices for personal gain, abuses his power, neglects his duty and illegally approves the environmental impact assessment documents of a construction project shall be given administrative sanctions according to law;If the case constitutes a crime, 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, in light of the actual local conditions, require environmental impact assessments of the plans formulated by the people's governments at the county level under their jurisdiction。Specific measures shall be formulated by provinces, autonomous regions and municipalities with reference to the provisions of Chapter II of this Law。

　　Article 37 Measures for environmental impact assessment of construction projects of military installations shall be formulated by the Central Military Commission in accordance with the principles of this Law。

　　Article 38 This Law shall come into force as of September 1, 2003。