Circular on Issuing the Administrative Provisions for Ecological and Environmental Damage Compensation
Circular on Issuing the Administrative Provisions for Ecological and Environmental Damage Compensation
Circular on Issuing the Administrative Provisions for Ecological and Environmental Damage Compensation
Huan Fa Gui [2022] No.31
April 26, 2022
The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, and the Xinjiang Production and Construction Corps,
The Administrative Provisions for Ecological and Environmental Damage Compensation, considered and approved by the Central Committee for Deepening Overall Reform, are hereby issued to you for your conscientious implementation in light of your actual conditions.
Administrative Provisions for Ecological and Environmental Damage Compensation
Chapter 1 General Provisions
Article 1 The Provisions are formulated in accordance with the requirements of the Reform Program of the Ecological Environmental Damage Compensation System, the Civil Code of the People's Republic of China, the Environmental Protection Law of the Republic and other laws and regulations in order to regulate ecological and environmental damage compensation, promote the construction of ecological civilization, and build a beautiful China.
Article 2 We shall under the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and the Plenary Sessions of the 19th Central Committee of the CPC, thoroughly implement Xi Jinping Thought on Ecological Civilization, adhere to the overall leadership of the Party, adhere to the people-centered development philosophy, adhere to the rule of law and law-based government administration, aim at building an ecological and environmental damage compensation system that features well-defined responsibilities, unobstructed channels, and standardized technologies, and that provides strong guarantees, adequate compensation, and effective restoration, continuously improve environmental quality, maintain national ecological security, continuously meet the people's ever-growing need for a better life and build a beautiful China where man and nature coexist in harmony.
Article 3 The ecological and environmental damage compensation work shall adhere to the principles of progress in accordance with the law, encouragement of innovations, liability for damage if environmental damage is caused, active negotiations, judicial protection, information sharing, and public supervision.
Article 4 For the purpose of the Provisions, ecological and environmental damage refers to the adverse changes in environmental elements such as atmosphere, surface water, groundwater, soil, and forests and biological elements such as plants, animals and microorganisms caused by environmental pollution and ecological damage, and the degradation of ecosystem functions composed of the said elements.
Whoever causes ecological and environmental damage in violation of state regulations shall be investigated for the liability for ecological and environmental damage compensation in accordance with the requirements of the Reform Program of the Ecological Environmental Damage Compensation System and the Provisions.
The Provisions do not apply in the following cases:
1. where personal injury, personal or collective property loss is involved and compensation is claimed, provisions on tort liability in the Civil Code of the People's Republic of China and other laws shall apply;
2. where compensation for damage to the marine ecology and environment is involved, the Marine Environment Protection Law and other laws and the related regulations shall apply.
Article 5 The scope of ecological and environmental damage compensation shall include:
1. losses caused by the loss of service functions during the period from the ecological and environmental damage to the completion of restoration;
2. losses caused by permanent damage to ecological and environmental functions;
3. costs of investigation, appraisal and evaluation of ecological and environmental damage;
4. costs of removing pollution and restoring the ecology and environment;
5. reasonable costs incurred to prevent the occurrence and expansion of damage.
Article 6 The provincial or municipal (prefectural) governments (including the district or county-level governments under the jurisdiction of the municipalities directly under the Central Government, the same below) granted by the State Council shall act as the claimants of ecology and environmental damage compensation in their own administrative regions. The compensation claimants may designate the relevant departments or institutions to be responsible for specific work according to the division of the relevant responsibilities.
Article 7 Compensation claimants and their designated departments or institutions shall carry out the following work:
1. regularly organizing the screening of case leads, and initiating case handling procedures in a timely manner;
2. entrusting appraisal and evaluation, carrying out negotiation of claims and filing lawsuits as the plaintiff;
3. guiding the compensation obligors to restore the damaged ecology and environment or entrust third-party organizations to do so, or organizing restoration or alternative restoration in accordance with the relevant state regulations;
4. organizing the evaluation of ecological and environmental restoration effects; and
5. other related work.
Article 8 Entities or individuals that have caused ecological and environmental damage in violation of state regulations shall be liable for compensating for the ecological and environmental damage according to the requirements and scope of state regulations.
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Huan Fa Gui [2022] No.31
April 26, 2022
The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government, and the Xinjiang Production and Construction Corps,
The Administrative Provisions for Ecological and Environmental Damage Compensation, considered and approved by the Central Committee for Deepening Overall Reform, are hereby issued to you for your conscientious implementation in light of your actual conditions.
Administrative Provisions for Ecological and Environmental Damage Compensation
Chapter 1 General Provisions
Article 1 The Provisions are formulated in accordance with the requirements of the Reform Program of the Ecological Environmental Damage Compensation System, the Civil Code of the People's Republic of China, the Environmental Protection Law of the Republic and other laws and regulations in order to regulate ecological and environmental damage compensation, promote the construction of ecological civilization, and build a beautiful China.
Article 2 We shall under the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and the Plenary Sessions of the 19th Central Committee of the CPC, thoroughly implement Xi Jinping Thought on Ecological Civilization, adhere to the overall leadership of the Party, adhere to the people-centered development philosophy, adhere to the rule of law and law-based government administration, aim at building an ecological and environmental damage compensation system that features well-defined responsibilities, unobstructed channels, and standardized technologies, and that provides strong guarantees, adequate compensation, and effective restoration, continuously improve environmental quality, maintain national ecological security, continuously meet the people's ever-growing need for a better life and build a beautiful China where man and nature coexist in harmony.
Article 3 The ecological and environmental damage compensation work shall adhere to the principles of progress in accordance with the law, encouragement of innovations, liability for damage if environmental damage is caused, active negotiations, judicial protection, information sharing, and public supervision.
Article 4 For the purpose of the Provisions, ecological and environmental damage refers to the adverse changes in environmental elements such as atmosphere, surface water, groundwater, soil, and forests and biological elements such as plants, animals and microorganisms caused by environmental pollution and ecological damage, and the degradation of ecosystem functions composed of the said elements.
Whoever causes ecological and environmental damage in violation of state regulations shall be investigated for the liability for ecological and environmental damage compensation in accordance with the requirements of the Reform Program of the Ecological Environmental Damage Compensation System and the Provisions.
The Provisions do not apply in the following cases:
1. where personal injury, personal or collective property loss is involved and compensation is claimed, provisions on tort liability in the Civil Code of the People's Republic of China and other laws shall apply;
2. where compensation for damage to the marine ecology and environment is involved, the Marine Environment Protection Law and other laws and the related regulations shall apply.
Article 5 The scope of ecological and environmental damage compensation shall include:
1. losses caused by the loss of service functions during the period from the ecological and environmental damage to the completion of restoration;
2. losses caused by permanent damage to ecological and environmental functions;
3. costs of investigation, appraisal and evaluation of ecological and environmental damage;
4. costs of removing pollution and restoring the ecology and environment;
5. reasonable costs incurred to prevent the occurrence and expansion of damage.
Article 6 The provincial or municipal (prefectural) governments (including the district or county-level governments under the jurisdiction of the municipalities directly under the Central Government, the same below) granted by the State Council shall act as the claimants of ecology and environmental damage compensation in their own administrative regions. The compensation claimants may designate the relevant departments or institutions to be responsible for specific work according to the division of the relevant responsibilities.
Article 7 Compensation claimants and their designated departments or institutions shall carry out the following work:
1. regularly organizing the screening of case leads, and initiating case handling procedures in a timely manner;
2. entrusting appraisal and evaluation, carrying out negotiation of claims and filing lawsuits as the plaintiff;
3. guiding the compensation obligors to restore the damaged ecology and environment or entrust third-party organizations to do so, or organizing restoration or alternative restoration in accordance with the relevant state regulations;
4. organizing the evaluation of ecological and environmental restoration effects; and
5. other related work.
Article 8 Entities or individuals that have caused ecological and environmental damage in violation of state regulations shall be liable for compensating for the ecological and environmental damage according to the requirements and scope of state regulations.
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