Law of the People's Republic of China on Environment Impact Assessment (Revised in 2018)
Law of the People's Republic of China on Environment Impact Assessment (Revised in 2018)
Law of the People's Republic of China on Environment Impact Assessment (Revised in 2018)
Order of the President of the People's Republic of China No. 24
December 29, 2018
(Adopted at the 30th Session of the Standing Committee of the 9th National People's Congress on October 28, 2002; amended for the first time according to the Decision of the Standing Committee of the National People's Congress on Amending the Energy Conservation Law of the People's Republic of China and Other Five Laws which was adopted at the 21st Session of the Standing Committee of the 12th 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 on Amending Seven Laws Including the Labor Law of the People's Republic of China adopted at the Seventh Session of the Standing Committee of the 13th National People's Congress on December 29, 2018)
Table of Contents
Chapter I General Provisions
Chapter II Environmental Impacts Assessment of Planning
Chapter III Environmental Impact Assessment of Construction Projects Chapter IV Legal Liability Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted with a view to implementing the sustainable development strategy, preventing the adverse impact on the environment of planning and construction projects after their implementation, and promoting the coordinated development of the economy, society, and the environment.
Article 2 The term "environmental impact assessment" as used in this Law refers to the method and system of making analysis, forecasting, and evaluation of the potential environmental impact of planning and construction projects after their implementation in order to put forward countermeasures and measures to prevent or mitigate adverse environmental impacts and carry out follow-up monitoring (hereinafter referred to as the "EIA").
Article 3 Planning within the scope described in Article 9 of this Law and projects within the territory of the People's Republic of China or within other sea areas subject to the jurisdiction of the People's Republic of China shall be subject to an EIA performed in accordance with this Law.
Article 4 EIA must be objective, open, and impartial and make a comprehensive consideration of the potential impact on various environmental factors and the ecological systems composed thereof of any planning or construction projects after their implementation in order to provide a scientific basis for decision-making.
Article 5 The State shall encourage the relevant units, experts, and the general public to participate in EIA in an appropriate way.
Article 6 The State shall strengthen the development of basic databases and an evaluation index system for EIA, encourage and support scientific research on EIA methods and technical standards , and establish a necessary EIA information sharing system in order to improve the scientific level of EIA.
The competent department for ecological environment under the State Council shall, jointly with other relevant State Council departments, organize, establish and improve the basic databases and evaluation index system for EIA.
Chapter II Environmental Impacts Assessment of Planning
Article 7 The relevant State Council departments and the local people's governments at or above the level of cities with district division and their relevant departments shall, in the process of developing land-use-related planning or regional, drainage area or sea area development or utilization planning, conduct EIA and draw up a section or statements on the environmental impact of the plans.
The section or statements on the environmental impact of a planning shall include an analysis, forecast and assessment of the potential environment impact of the planning after its implementation, along with the countermeasures and measures put forward to prevent or mitigate any adverse environmental impact. Such sections or statements shall be submitted as a part of the draft planning to the authority in charge of reviewing and approving the planning (the "approval authority").
The approval authority shall not approve any draft planning without any section or statements in it on the environmental impact of the planning.
Article 8 The relevant State Council departments and the local people's government at or above the level of cities with district division and their relevant departments shall, prior to submitting for review and approval any draft industry, agriculture, animal husbandry, forestry, energy, water conservancy, communications, urban development, tourism, and natural resources-related special planning developed by them, organize an EIA of the planning and submit the resulting environment impact report (the "EIR") to the authority in charge of reviewing and approving the special planning.
The guiding plan for any special planning as stated in the preceding paragraph shall be subject to an EIA in accordance with Article 7 of this Law.
Article 9 The specific scope of planning subject to an EIA in accordance with Articles 7 and 8 of this Law shall be prescribed by competent department for the ecological environment under the State Council jointly with other relevant State Council departments and be submitted to the State Council for ratification.
Article 10 The EIR of a special planning shall include the following contents:
1.
......
Order of the President of the People's Republic of China No. 24
December 29, 2018
(Adopted at the 30th Session of the Standing Committee of the 9th National People's Congress on October 28, 2002; amended for the first time according to the Decision of the Standing Committee of the National People's Congress on Amending the Energy Conservation Law of the People's Republic of China and Other Five Laws which was adopted at the 21st Session of the Standing Committee of the 12th 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 on Amending Seven Laws Including the Labor Law of the People's Republic of China adopted at the Seventh Session of the Standing Committee of the 13th National People's Congress on December 29, 2018)
Table of Contents
Chapter I General Provisions
Chapter II Environmental Impacts Assessment of Planning
Chapter III Environmental Impact Assessment of Construction Projects Chapter IV Legal Liability Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted with a view to implementing the sustainable development strategy, preventing the adverse impact on the environment of planning and construction projects after their implementation, and promoting the coordinated development of the economy, society, and the environment.
Article 2 The term "environmental impact assessment" as used in this Law refers to the method and system of making analysis, forecasting, and evaluation of the potential environmental impact of planning and construction projects after their implementation in order to put forward countermeasures and measures to prevent or mitigate adverse environmental impacts and carry out follow-up monitoring (hereinafter referred to as the "EIA").
Article 3 Planning within the scope described in Article 9 of this Law and projects within the territory of the People's Republic of China or within other sea areas subject to the jurisdiction of the People's Republic of China shall be subject to an EIA performed in accordance with this Law.
Article 4 EIA must be objective, open, and impartial and make a comprehensive consideration of the potential impact on various environmental factors and the ecological systems composed thereof of any planning or construction projects after their implementation in order to provide a scientific basis for decision-making.
Article 5 The State shall encourage the relevant units, experts, and the general public to participate in EIA in an appropriate way.
Article 6 The State shall strengthen the development of basic databases and an evaluation index system for EIA, encourage and support scientific research on EIA methods and technical standards , and establish a necessary EIA information sharing system in order to improve the scientific level of EIA.
The competent department for ecological environment under the State Council shall, jointly with other relevant State Council departments, organize, establish and improve the basic databases and evaluation index system for EIA.
Chapter II Environmental Impacts Assessment of Planning
Article 7 The relevant State Council departments and the local people's governments at or above the level of cities with district division and their relevant departments shall, in the process of developing land-use-related planning or regional, drainage area or sea area development or utilization planning, conduct EIA and draw up a section or statements on the environmental impact of the plans.
The section or statements on the environmental impact of a planning shall include an analysis, forecast and assessment of the potential environment impact of the planning after its implementation, along with the countermeasures and measures put forward to prevent or mitigate any adverse environmental impact. Such sections or statements shall be submitted as a part of the draft planning to the authority in charge of reviewing and approving the planning (the "approval authority").
The approval authority shall not approve any draft planning without any section or statements in it on the environmental impact of the planning.
Article 8 The relevant State Council departments and the local people's government at or above the level of cities with district division and their relevant departments shall, prior to submitting for review and approval any draft industry, agriculture, animal husbandry, forestry, energy, water conservancy, communications, urban development, tourism, and natural resources-related special planning developed by them, organize an EIA of the planning and submit the resulting environment impact report (the "EIR") to the authority in charge of reviewing and approving the special planning.
The guiding plan for any special planning as stated in the preceding paragraph shall be subject to an EIA in accordance with Article 7 of this Law.
Article 9 The specific scope of planning subject to an EIA in accordance with Articles 7 and 8 of this Law shall be prescribed by competent department for the ecological environment under the State Council jointly with other relevant State Council departments and be submitted to the State Council for ratification.
Article 10 The EIR of a special planning shall include the following contents:
1.
......