Environmental Impact Assessment Planning Regulations
Environmental Impact Assessment Planning Regulations
Environmental Impact Assessment Planning Regulations
Order of State Council of the People's Republic of China No.559
August 17, 2009
The Environmental Impact Assessment Planning Regulations, which have been adopted at the 73rd Executive Meeting of the State Council on August 12, 2009, are hereby promulgated and shall come into effect on its promulgation date.
Premier Wen Jiabao
Environmental Impact Assessment Planning Regulations
Chapter I General Provisions
Article 1 These Regulations are formulated for a purpose to strengthen the environmental impact assessment on planning, to enhance the scientific planning, to prevent environmental pollution and ecological destruction from the source, and to promote comprehensive, coordinated and sustainable development of economy, society and environment in accordance with the Environmental Impact Assessment Law of the Peoples Republic of China.
Article 2 The competent authorities of the State Council, local peoples governments at or above the level of city with districts as well as their relevant departments shall carry out environmental impact assessment on the planning with regard to land use, construction, development and utilization planning of regions, river basins and sea areas (hereinafter referred to as comprehensive planning), as well as the special planning with regard to industry, agriculture, animal husbandry, forestry, energy, water conservancy, transportation, urban construction, tourism and natural resource development (hereinafter referred to as special planning) which are prepared under their organization.
The specific scope of planning falling into the environmental impact assessment as provided in the first paragraph of this article shall be drawn up jointly by the competent department of environmental protection as well as other authorities concerned under the State Council and implemented upon the approval of the State Council.
Article 3 To carry out environmental impact assessment on planning shall follow the principle of objectiveness, openness and fairness.
Article 4 The state shall establish information sharing system for environmental impact assessment on planning.
Peoples governments at or above the level of county as well as their departments concerned shall implement information sharing for the necessary information concerning environmental impact assessment on planning.
Article 5 The costs of environmental impact assessment on planning shall be incorporated into fiscal budget in accordance with the provisions on budget management under strict expenditure management and subject to audit oversight.
Article 6 Any unit or individual is entitled to report the violation of these Regulations or significant adverse environmental impacts generated in the process of planning implementation to the planning approval authority, planning preparation body or the environmental protection department, which shall investigate and deal with in accordance with the law after receiving the report.
Chapter II Assessment
Article 7 Planning preparation body shall make environmental impact assessment on the planning organization in the process of planning preparation.
Article 8 Following aspects shall be analyzed, forecasted and evaluated in environmental impact assessment on planning:
1. the overall impact on the eco-system of relevant regions, river basins and sea areas likely produced by the planning implementation;
2. the possible long-term effects on the environment and human health resulting from the planning implementation; and
3.the relationship between economic, social and environmental benefits as well as the relationship between immediate interests and long-term interests from the planning implementation.
Article 9 The relevant environmental protection standards as well as technical guideline and technical specifications for environmental impact assessment shall be complied with in the implementation of environmental impact assessment on planning.
Technical guideline for environmental impact assessment on planning is formulated by the competent authority of environmental protection jointly with other departments concerned under the State Council; and technical specifications for environmental impact assessment are drafted by the relevant departments under the State Council, and a copy shall be made for the competent authority of environmental protection under the State Council for the record.
Article 10 To prepare a comprehensive planning, environmental impact chapter or statement shall be comprised based on the possible impact on the environment after the implementation of planning.
To prepare a special planning, environmental impact report shall be worked out before the submission of the draft plan for approval.
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