Law of the People's Republic of China on Environmental Impact Assessment (2018 Amendment)

Law of the People's Republic of China on Environmental Impact Assessment (2018 Amendment) Law of the People's Republic of China on Environmental Impact Assessment (Adopted at the 30th session of the Standing Committee of the Ninth National People's Congress on October 28, 2002; amended for the first time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Six Laws including the Energy Conservation Law of the People's Republic of China at the 21st Session of the Standing Committee of the Twelfth National People's Congress on July 2, 2016; and amended for the second time according to the Decision of the Standing Committee of the National People's Congress to Amend Seven Laws Including the Labor Law of the People's Republic of China adopted at the Seventh Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on December 29, 2018) Table of Contents Chapter I General Provisions Chapter II Appraisal of the Environmental Impacts of Programs Chapter III Appraisal of the Environmental Impacts of Construction Projects Chapter IV Legal Liabilities Chapter V Supplementary Provisions Chapter I General Provisions Article 1 The present Law has been enacted for the purpose of carrying out the strategy of sustainable development, prevent the unfavorable impacts of programs and constructions projects upon the environment after they are carried out, and promote the concerted development of the economy, society and environment. Article 2 The term “appraising environmental impacts” as mentioned in the present Law refers to the methods and institutions for analyzing, predicting and appraising the impacts of programs and construction projects that might incur after they are carried out so as to propose countermeasures for preventing or mitigating the unfavorable impacts and make follow-up monitoring. Article 3 To work out any of the programs as described in Article 9 of the present Law or to build any project within the territory of the People's Republic of China or within other seas subject to the jurisdiction of the People's Republic of China, appraisals shall be conducted about the environmental impacts according to the present Law. Article 4 The appraisals of the environmental impacts shall be objective, open and impartial, and shall take the impacts imposed upon the various environmental factors and the corresponding ecosystem by the programs or construction project after they are carried out so as to provide a scientific basis for decision-making. Article 5 The state encourages relevant entities, experts and the general public to participate in the appraisal of the environmental impacts in appropriate ways. Article 6 The state shall strengthen the construction of the basic databases for the appraisal of environmental impacts and the system of indicators for appraisal, encourage and support the scientific research of the methods and technical specifications for appraising environmental impacts, and build a system for sharing the information about environmental impacts so as to make the environmental impact appraisals more scientific. The administrative department of ecology and environment under the State Council shall, in collaboration with other relevant departments under the State Council, organize, establish and improve the basic databases for appraising environmental impacts and the system of appraisal indicators. Chapter II Appraisal of the Environmental Impacts of Programs Article 7 The relevant departments of the State Council and the local people's governments at(above) the level of the cities with districts as well as the relevant departments thereof shall, in the process of working out the relevant programs concerning the use of land and the programs for constructing, developing and utilizing the areas, drainage areas or sea areas, conduct environmental impact appraisals, draft chapters or explanations concerning environmental impacts. In the chapters or explanations of the programs concerning environmental impacts, an analysis, prediction and appraisal of the environment impacts of the program after it is implemented shall be made, and countermeasures shall be put forward for preventing or mitigating the unfavorable environmental impacts. Such chapters or explanations shall form a part of the draft of the programs and shall be reported to the organ in charge of the examination and approval of the programs. The examination and approval organ may not approve any draft of program which does not have a chapter or explanation of the environmental impacts. Article 8 With regard to the relevant special programs of industry, agriculture, animal husbandry, forestry, energy, water conservancy, communications, municipal construction, tourism, and natural resources development (hereafter “special programs”), the relevant departments of the State Council and the local people's government of the cities with districts as well as the relevant departments thereof shall, prior to reporting the draft of the special program for examination and approval, organize appraisals of environmental impacts, and submit a report of environmental impacts to the organ in charge of the examination and approval of the special program. For the directive program for the special programs as mentioned in the preceding paragraph, an appraisal shall be made about the environmental impacts according to the provisions of Article 7 of the present Law. Article 9 The specific scope of programs for which environmental impact appraisals shall be made according to the provisions of Articles 7 and 8 of the present Law shall be prescribed by the administrative department of ecology and environment under the State Council jointly with other relevant departments of the State Council and be submitted to the State Council for ratification. Article 10 The report of the environmental impacts of special program shall include the following elements: a. An analysis, prediction and appraisal of the environmental impacts that might occur if the program is implemented; b. The countermeasures for predicting or mitigating the unfavorable environmental impacts; c. The conclusion of the appraisal upon the environment. Article 11 In case a program may cause unfavorable environmental impacts or directly involve the environmental interests of the general public, the organ that works out the special programs shall, prior to submitting the draft of the programs for examination and approval, seek the opinions of the relevant entities, experts and the general public about the draft of the report about the environmental impacts by holding demonstration meetings or hearings or by any other means, except it is provided by the state that it shall be kept confidential. The drafting organ shall take the opinions of the relevant entities, experts and the general public about the draft report of environmental impacts into careful consideration, and shall attach a remark whether the opinions are adopted or refused to the report of environmental impacts to be submitted for examination and approval. Article 12 The organ that works out a special program shall, when reporting the draft of the program for examination and approval, submit the report about the environmental impacts at the same time. In case it fails to submit the report about the environmental impacts, the examination and approval organ may not grant approval. Article 13 When the people's government at(above)the level of the cities with districts examines the draft of a special program and before making the decision, the administrative department of ecology and environment designated by the people's government or other relevant departments shall summon the representatives of relevant departments and experts to form an examination and approval group so as to examine the report of environmental impacts. The examination and approval group shall submit their opinions in written form. The experts of the examination and approval group as described in the preceding paragraph shall be determined randomly from the list of experts within the relevant majors of the databases of experts established by the administrative department of ecology and environment of the State Council. The measures for the examination of the special programs subject to the examination and approval of the relevant departments of the people's government on the provincial level and above shall be formulated by the administrative department of ecology and environment of the State Council jointly together with other relevant departments of the State Council. Article 14 Where the examination team offers an amendment opinion, the authority that makes the special plan shall, according to the conclusion of the environmental impact report and examination opinion, amend and improve the draft plan, and give an explanation on the adoption of the conclusion of the environmental impact report and the exam......