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Laws of the People's Republic of China |
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| Category | ENVIRONMENTAL PROTECTION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1998-11-29 | Effective Date | 1998-11-29 |
|
Regulations on the Administration of Construction Project Environmental Protection |
|---|
Article 1 These Regulations are formulated with a view to preventing
construction projects from generating new pollution and damaging the
ecological environment.
Article 2 These Regulations shall be applicable to building of construction projects having impacts on the environment within the
territory of the People's Republic of China and other territorial sea
areas under the jurisdiction of the People's Republic of China.
Article 3 State standards and local standards for the discharge of pollutants must be complied with in building construction projects
that
generate pollution;requirements for aggregate control of discharge of major pollutants must be met in areas under aggregate control
of discharge
of major pollutants.
Article 4 Industrial construction projects should adopt clean
production techniques with low energy consumption, low materials
consumption and low pollutants generation, rationally exploit natural
resources to prevent environmental pollution and ecological damage.
Article 5 Measures must be taken in reconstruction, expansion projects Article 6 The state practises the construction project environmental The work of construction project environmental impact evaluation shall Article 7 The state practises classified control over construction (1)a report on environmental impact should be compiled for a construction (2)a statement on environmental impact should be compiled for a (3)a registration form should be filled out and submitted for a Catalog for the classified control of construction project environmental Article 8 The report on construction project environmental impact should (1)an overview of the construction project; (2)current state of environment surrounding the construction project; (3)analysis and predictions of impacts which may be caused by the (4)measures for environmental protection and their financial and (5)environmental impact economic loss-benefit analysis; (6)proposals for environment monitoring of the construction project; and (7)conclusions of the environmental impact evaluation. A scheme for water and soil conservation examined and approved by the Contents and formats of the construction project environmental impact Article 9 A construction unit should, in the phase of construction For a construction project that necessitates no feasibility study Article 10 Construction project environmental impact reports, Coastal engineering construction project environmental impact report or Competent departments of environmental protection administration should, No fee whatsoever shall be collected for the preliminary examination, Article 11 The competent department of environmental protection (1)special-nature construction projects such as nuclear facilities and (2)construction projects transcending the administrative areas of the (3)construction projects subject to the examination and approval of the Limits of authority of examination and approval of the construction Where a construction project causes trans-administrative area Article 12 Where major changes take place in the nature, scale, location Where a construction project starts construction on expiry of 5 years Article 13 The state practises the qualificaton examination system of units engaging in the work of construction project environmental
impact Units engaging in the work of construction project environmental impact Units engaging in the work of construction project environmental impact Article 14 Construction units may adopt the form of open tender to No administrative organ shall appoint units engaging in the work of environmental impact evaluation for construction
units for environmental Article 15 Construction units should, in compiling the environmental Article 16 Simultaneous design, simultaneous construction and Article 17 The preliminary design of a construction project should, Article 18 Where trial production is required upon completion of the main body project of a construction project, its matching environmental Article 19 The construction unit should, during the trial production of a construction project, monitor the operations of the environmental
Article 20 The construction unit should, upon completion of a Acceptance checks for completion of construction of environmental Article 21 For construction projects that are built in phases, go into Article 22 Competent departments of environmental protection Article 23 The said construction project may only formally go into Article 24 Whoever commits any of the following acts in violation of the provisions of these Regulations shall be ordered by the
competent (1)failure to file an application for approval of the construction (2)failure to file a new application for approval of the construction (3)failure to submit the construction project environmental impact Article 25 Whoever starts construction without authorization, without Article 26 The matching environmental protection facilites built Article 27 A construction unit that fails to file an application for Article 28 Where the main body project formally goes into production or Article 29 Any unit engaging in the work of construction project Article 30 Any functionary of the competent department of environmental Article 31 Environmental impact evaluation should be done in compiling Article 32 Environmental protection administration of offshore oil Article 33 Environmental protection administration of construction Article 34 These Regulations come into force as of the date of promulgation.
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and technological transformation projects to treat original environmental
pollution and ecological damage related to the said projects.
Chapter II Environmental Impact Evaluation
impact evaluation system.
be undertaken by units having acquired certificates of corresponding
qualifications.
project environmental protection in accordance with the extent of environmental impact of construction projects in pursuance of the
following provisions:
project that may cause major impact on the environment, giving comprehensive
and detailed evaluation of the pollution generated and environmental impact
caused by the construction project;
construction project that may cause light impact on the environment,
giving analysis or special-purpose evaluation of the pollution generated
and environmental impact caused by the construction project; and
construction project that has slight impact on the environment and
necessitates no environmental impact evaluation.
protection shall be compiled and published by the competent department of environmental protection administration under the State
Council.
contain the following contents:
construction project on the environment;
technical authentication;
competent department of water administration must be prepared for the
construction project involving water and soil conservation.
statement and environmental impact registration form shall be prescribed by
the competent department of environmental protection under the State Council.
project feasibility study, sumbit the construction project environmental
impact report, environmental impact statement or environmental impact
registration form for approval; however, for such construction projects as
railways and communications, environmental impact report or environmental
impact statement may, prior to the completion of preliminary design, be
submitted for approval upon the consent of the competent department of environmental protection administration with authority of
examination and
approval.
pursuant to relevant state provisions, the construction unit should,
prior to the start of construction of the construction project, submit
the construction project environmental impact report, environmental impact
statement or environmental impact registration form for approval; among
which where application for a business licence is required, the construction
unit should, prior to the application for business licence, submit the
construction project environmental impact report, environmental impact
statement or environmental impact registration form for approval.
environmental impact statements or environmental impact registration
forms shall be submitted by construction units to competent departments of environmental protection administration with authority
of examination and
approval for examination and approval; where construction projects have
competent departments of trades, their environmental impact reports or
environmental impact statements should, upon preliminary examination of the competent departments of trades, be submitted to the
competent departments
of environmental protection administration with authority of examination and
approval for examination and approval.
environmental impact statement shall, upon the examination and verification
of the competent department of maritime administration with views attached
thereonto, be submitted to the competent department of environmental
protection administration for examination and approval.
within 60 days starting from the date of receipt of the construction project
environmental impact report, within 30 days starting from the date of receipt
of the environmental impact statement and within 15 days starting from the
date of receipt of the environmental impact registration form, make a
decision on examination and approval and notify the construction units
in writing respectively.
examination and verification, and examination and approval of construction
project environmental impact reports, environmental impact statements or
environmental impact registration forms.
administration under the State Council shall be responsible for the
examination and approval of the following construction project environmental
impact reports, environmental impact statements or environmental impact
registration forms:
top-secret projects;
provinces, autonomous regions and municipalities directly under the Central
Government; and
State Council or the examination and approval of the departments concerned
authorized by the State Council.
project environmental impact reports, environmental impact statements or
environmental impact registration forms beside those provided for in the
preceding paragraph shall be prescribed by people's governments of the
provinces, autonomous regions and municipalities directly under the
Central Government.
environmental impact and a dispute arises between the competent departments
concerned of environmental protection administration over the conclusions of environmental impact evaluation, the environmental impact
report or
environmental impact statement shall be submitted to the joint competent
department of environmental protection administration at the next higher
level for examination and approval.
or production techniques adopted of the construction project upon approval of
the construction project environmental impact report, environmental impact
statement or environmental impact registration form, the construction unit
should once again submit the construction project environmental impact report,
environmental impact statement or environmental impact registration form for
approval.
starting from the date of approval of the construction project environmental
impact report, environmental impact statement or environmental impact
registration form, its environmental impact report, environmental impact
statement or environmental impact registration form should be submitted to
the original examination and approval organ for re-examaination and re-
verification. The original examination and approval organ should, within
10 days starting from the date of receipt of the construction project
environmental impact report, environmental impact statement or environmental
impact registration form, notify the construction unit in writing of the
views on examination and verification; failure to notify on expiry shall
be construed as approval upon examination and verification.
evaluation.
evaluation must obtain a qualification certificate issued by the competent
department of environmental protection administration under the State Council,
engage in the work of construction project environmental impact evaluation
pursuant to the grade and scope prescribed in the qualification certificate,
and be responsible for the evaluation conclusions. The competent department
of environmental protection administration under the State Council should
publish at regular intervals the list of units engaging in the work of construction project environmental impact evaluation which
have already
been issued qualification certificates. Specific measures shall be worked
out by the competent department of environmental protection administration
under the State Council.
evaluation must strictly comply with the rates for the collection of charges
prescribed by the state.
select the units engaging in the work of environmental impact evaluation
for environmental impact evaluation of the construction projects.
impact evaluation.
impact reports, solicit the views of the units and residents concerned of the locality wherein the construction project is located
pursuant to relevant
provisions of law.
Chapter III Construction of Environmental Protection Facilities
simultaneous going into operation with the main body project must be
realized for matching environmental protection facilities construction
which is required for the construction project.
pursuant to the requirements of environmental protection design standards,
contain compilation of a chapter on environmental protection, and ascertain
measures for the prevention and treatment of environmental pollution and
ecological damage as well as budgetary estimate for investment in the
chapter on environmental protection on the basis of the approved
construction project environmental impact report or environmental impact
statement.
protection facilities built must go into simultaneous trial run with the
main body project.
protection facilities and the environmental impact of the construction
peoject.
construction project, file an application with the competent department
of environmental protection administration that examined and approved
the said construction project environmental impact report, environmental
impact statement or environmental impact registration form for acceptance
checks on completion of matching construction of environmental protection
facilities required for the said construction project.
protection facilities should be conducted simultaneously with the acceptance
checks for completion of construction of the main body project. Where trial
production is required for the construction project, the construction unit
should, within 3 months starting from the date of the said construction
project going into trial production, file an application with the competent
department of environmental protection administration that examined and
approved the said construction project environmental impact report,
environmental impact statement or environmental impact registration form
for acceptance checks on completion of matching construction of environmental protection facilities required for the said construction
project.
production or are delivered for use in phases, acceptance checks for their
corresponding environmental protection facilities should be conducted in
phases.
administration should, within 30 days starting from the date of receipt
of the application for acceptance checks on completion of construction of the environmental protection facilities, complete the acceptance
checks.
production or be delivered for use when the matching construction of the
environmental protection facilities required for the construction project
has passed acceptance checks.
Chapter IV Legal Liability
department of environmental protection administration responsible for
the examination and approval of the construction project environmental
impact report, environmental impact statement or environmental impact
registration form to make up the formalities within a given time period;
whoever fails to make up the formalities on expiry of the given time period
and start construction without authorization shall be ordered to stop the
construction and may be imposed a fine of less than RMB 100000 Yuan:
project environmental impact report, environmental impact statement or
environmental impact registration form;
project environmental impact report, environmental impact statement or
environmental impact registration form in the event of major changes
taking place in the nature, scale, location or production techniques
adopted of the construction project; and
report, environmental impact statement or environmental impact registration
form to the original examination and approval organ for re-examination and
re-verification of the construction project that starts construction on
expiry of 5 years starting from the date of approval of the construction
project environmental impact report, environmental impact statement or
environmental impact registration form.
the approval of the construction project environmental impact report,
environmental impact statement or environmental impact registration form
or without the consent upon re-examination and re-verification of the
original examination and approval organ shall be ordered by the competent
department of environmental protection administration responsible for the
examination and approval of the said construction project environmental
impact report, environmental impact statement or environmental impact
registration form to stop the construction, restore the original state
within the given time period, and may be imposed a fine of less than
RMB 100000 Yuan.
for the construction project that goes into trial production fail to
go into trial run simultaneouly with the main body project in violation
of the provisions of these Regulations shall be ordered by the competent
department of environmental protection administration responsible for the
examination and approval of the said construction project environmental
impact report, environmental impact statement or environmental impact
registration form to make a rectification within the given time period;
whoever fails to make a rectification on expiry of the given time period
shall be ordered to stop the trial production, and may be imposed a fine of less than RMB 50000 Yuan.
acceptance checks on completion of construction of the environmental
protection facilities of a construction project having gone into trial
production for more than 3 months in violation of the provisions of these
Regulations shall be ordered by the competent department of environmental
protection administration that examined and approved the said construction
project environmental impact report, environmental impact statement or
environmental impact registration form to go through the formalities of acceptance checks on completion of the environmental protection
facilities
within the given time period; whoever fails to complete the said formalities
shall be ordered to stop the trial production and may be imposed a fine of less than RMB 50000 Yuan.
is delivered for use without the completion of construction of matching
environmental protection facilities required for the construction project,
without going through acceptance checks or without passing the acceptance
checks in violation of the provisions of these Regulations shall be ordered
by the competent department of environmental protection administration that
examined and approved the said construction project emvironmental impact
report, environmental impact statement or environmental impact registration
form to stop the production or use, and may be imposed a fine of less than
RMB 100000 Yuan.
environmental impact evaluation that practises fraud in the work of environmental impact evaluation shall be revoked of its qualification
certificate by the competent department of environmental protection
administration under the State Council, and may concurrently be imposed
a fine of more than 100% less than 300% of the fee collected.
protection administration who indulges in malpractices for selfish gains,
abuse of power, negligence of duty that constitute a crime shall be
investigated of the criminal liability according to law; where a crime
has not been constituted, administrative sanctions shall be imposed
according to law.
Chapter V Supplementary Provisions
construction planning for such regional development as valley development,
development zone construction, new urban district construction and old
urban district reconstruction. Specific measures shall be worked out
separately by the competent department of environmental protection
administration under the State Council in conjunction with the competent
departments concerned under the State Council.
prospecting and exploitation construction projects shall abide by the
provisions of the State Council concerning environmental protection
administration of offshore oil prospecting and exploitation.
projects of military installations shall abide by the relevant provisions
of the Central Military Commission.
URL: http://www.asianlii.org/cn/legis/cen/laws/rotaocpep871