Procedures of Shanghai Municipality on the Implementation of the Law of the People's Republic of China on Environmental Impact Assessment
Procedures of Shanghai Municipality on the Implementation of the Law of the People's Republic of China on Environmental Impact Assessment
Procedures of Shanghai Municipality on the Implementation of the Law of the People's Republic of China on Environmental Impact Assessment
Order No.24 of the Shanghai Municipal People' s Government
May 15, 2004
Chapter I General Provisions
Article 1 (Purpose and Basis)
For the purpose of implementing the strategy of sustainable development and promoting this Municipality' s social, economic and environmental coordinated development, these Procedures are formulated in accordance with the provisions of the "Law of the People' s Republic of China on Environmental Impact Assessment" and other laws and regulations, and in the light of this Municipality' s actual circumstances.
Article 2 (Scope of Application)
These Procedures apply to the environmental impact assessment (hereinafter referred to as EIA) of this Municipality' s planning and construction projects, and the relevant administration activities thereof.
Article 3 (Policy-related EIA)
This Municipality encourages organizing and launching the EIA of policies concerning regional development, industrial development, and resources exploitation and utilization.
Article 4 (Set-up of Experts' Tank and Public Participation)
The Shanghai Municipal Environmental Protection Bureau (hereinafter referred to as SMEPB) shall, jointly with relevant departments, organize the establishment of this Municipality' s EIA experts' tank and environmental impact basic database so as to strengthen the building of EIA capability and promote the sharing of environmental impact information.
The SMEPB and the district/county competent administrative departments of environmental protection (hereinafter referred to as district/county EPDs) and relevant administrative departments shall safeguard the rights of the public to know environment information and adopt measures to bring convenience for relevant units, experts and the public to participate in the EIA.
Chapter II EIA of Planning
Article 5 (Scope and Mode of Planning EIA)
A chapter or an explanation of environmental impact shall be composed for the construction, development and utilization planning of river basins and sea areas that are examined and approved by the Municipal People' s Government and its relevant administrative departments or by a district/county government.
A written report of environmental impact shall be drawn up for planning of regional construction, development and utilization, planning relating to land utilization and special planning in relation to industry, agriculture, animal husbandry, forestry, energy, water conservancy, communications, urban construction, tourism and natural resource exploitation that are examined and approved by the Municipal People' s Government and its relevant administrative department or the district/county government.
With respect to the specific catalogue of planning that needs EIA according to the provisions set out in Clauses 1 and 2 of this Article, the SMEPB shall put forward the scheme and have it implemented after approval is obtained from the Municipal People' s Government.
Article 6 (Determination of Subject of Organizing and Drawing up Planning EIA and Specific Drawing up Agency)
With respect to the drawing up of planning within the scope set out in Article 5 of these Procedures, the planning drawing up organ shall organize the conduct of EIA in the process of drawing up the planning.
The specific drawing up agency of planning environmental impact report and environmental impact chapter or explanation (hereinafter jointly referred to as EIA documents) shall be selected through bidding by the planning drawing up organ from the recommendation list of planning EIA units published by the competent administrative department of environmental protection under the State Council.
Article 7 (Requirements for Drawing up of Planning EIA Documents)
The specific drawing up agency of planning EIA documents shall draw up EIA documents in compliance with the requirements of the State planning EIA technical guiding rules and this Municipality' s planning EIA technical norms.
The SMEPB shall separately formulate and publish this Municipality' s planning EIA technical norms.
Article 8 (Adjustment of Draft Planning)
The planning drawing up organ shall make appropriate revision of a draft planning according to the conclusion and recommendation of the planning EIA documents.
The planning drawing up organ, when making major adjustment of the draft planning after the completion of drawing up of EIA document, shall organize the specific drawing up agency of EIA documents to make addenda or amendments to the EIA documents.
Article 9 (Prerequisites for Submission of Draft Planning)
The planning drawing up organ, when reporting for examination and approval of a draft planning, shall concurrently submit the following documents:
(1) EIA documents of a planning;
(2) Explanation of the situation of the acceptance of EIA documents by the draft planning; and
(3) With respect to the draft planning that is likely to cause adverse environmental impact and directly involves the public' s rights and interests of environment, the opinions of relevant units, experts and the general public on planning EIA documents, and the explanation of the situation for the acceptance shall be submitted, with the exception of what needs to be confidential as prescribed by the State.
The planning examination and approval organ shall not render examination and approval unless the planning drawing up organ submits the additional documents set out in the preceding clause.
Article 10 (Examination of Planning EIA Documents)
Before a decision is made on the examination and approval of the draft planning that the Municipal People' s Government examines and approves, the MEPB shall organize relevant experts to examine the submitted documents according to the provision under Article 9, Clause 1 of these Procedures, and give their examination opinions; and before a decision is made on the examination and approval of the draft planning that the district/county government examines and approves, the district/county ETD shall organize relevant experts to examine the submitted documents according to the provision under Article 9, Clause 1 of these Procedures and give their examination opinions.
Before a decision is made on the examination and approval of the draft planning that the relevant administrative department under the Municipal People' s Government examines and approves, the SMEPB shall organize related experts to examine the submitted documents according to the provision under Article 9, Clause1 of these Procedures, and give their examination and approval opinions.
Experts who participate in the examination of the EIA documents provided by the two preceding clauses shall be determined by a random drawing from the corresponding specialists' list in the EIA experts' tank that this Municipality has established.
Article 11 (Role of the Planning EIA and Examination Opinion in Planning Examination and Approval)
The planning examination and approval organ, when examining and approving the draft planning, shall take as an important basis the EIA documents of planning and the examination or examination and approval opinions made by the environmental protection department.
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