Regulations on the Administration of Construction Project Environmental Protection

Regulations on the Administration of Construction Project Environmental Protection (Promulgated by Decree No. 253 of the State Council of the People′s Republic of China on November 29, 1998)

Chapter I General Provisions

Article 1 These Regulations are formulated with a view to preventing construction projects from generating new pollution and damaging the ecological environment.

Article 2 These Regulations shall be applicable to building of construction projects having impacts on the environment within the territory of the People′s Republic ofChinaand other territorial sea areas under the jurisdiction of the People′s Republic ofChina.

Article 3 State standards and local standards for the discharge of pollutants must be complied with in building construction projects that generate pollution; requirements for aggregate control of discharge of major pollutants must be met in areas under aggregate control of discharge of major pollutants.

Article 4 Industrial construction projects should adopt clean production techniques with low energy consumption, low materials consumption and low pollutants generation, rationally exploit natural resources to prevent environmental pollution and ecological damage.

Article 5 Measures must be taken in reconstruction, expansion projects and technological transformation projects to treat original environmental pollution and ecological damage related to the said projects.

Chapter II Environmental Impact Evaluation

Article 6 The state practises the construction project environmental impact evaluation system. The work of construction project environmental impact evaluation shall be undertaken by units having acquired certificates of corresponding qualifications.

Article 7 The state practises classified control over construction project environmental protection in accordance with the extent of environmental impact of construction projects in pursuance of the following provisions:

(1)a report on environmental impact should be compiled for a construction project that may cause major impact on the environment, giving comprehensive and detailed evaluation of the pollution generated and environmental impact caused by the construction project;

(2)a statement on environmental impact should be compiled for a construction project that may cause light impact on the environment, giving analysis or special-purpose evaluation of the pollution generated and environmental impact caused by the construction project; and

(3)a registration form should be filled out and submitted for a construction project that has slight impact on the environment and necessitates no environmental impact evaluation.

Catalog for the classified control of construction project environmental protection shall be compiled and published by the competent department of environmental protection administration under the State Council.

Article 8 The report on construction project environmental im

pact should contain the following contents:

(1)an overview of the construction project;

(2)current state of environment surrounding the construction project;

(3)analysis and predictions of impacts which may be caused by the construction project on the environment;

(4)measures for environmental protection and their financial and technical authentication;

(5)environmental impact economic loss-benefit analysis;

(6)proposals for environment monitoring of the construction project; and

(7)conclusions of the environmental impact evaluation.

A scheme for water and soil conservation examined and approved by the competent department of water administration must be prepared for the construction project involving water and soil conservation.

Contents and formats of the construction project environmental impact statement and environmental impact registration form shall be prescribed by the competent department of environmental protection under the State Council.

Article 9 A construction unit should, in the phase of construction project feasibility study, sumbit the construction project environmental impact report, environmental impact statement or environmental impact registration form for approval; however, for such construction projects as railways and communications, environmental impact report or environmental impact statement may, prior to the completion of preliminary design, be submitted for approval upon the consent of the competent department of environmental protection administration with authority of examination and approval.

For a construction project that necessitates no feasibility study pursuant to relevant state provisions, the construction unit should, prior to the start of construction of the construction project, submit the construction project environmental impact report, environmental impact statement or environmental impact registration form for approval; among which where application for a business licence is required, the construction unit should, prior to the application for business licence, submit the construction project environmental impact report, environmental impact statement or environmental impact registration form for approval.

Article 10 Construction project environmental impact reports, environmental impact statements or environmental impact registration forms shall be submitted by construction units to competent departments of environmental protection administration with authority of examination and approval for examination and approval; where construction projects have competent departments of trades, their environmental impact reports or environmental impact statements should, upon preliminary examination of the competent departments of trades, be submitted to the competent departments of environmental protection administration with authority of examination and approval for examination and approval.

Coastal engineering construction project environmental impact report or environmental impact statement shall, upon the examination and v

erification of the competent department of maritime administration with views attached there on to, be submitted to the competent department of environmental protection administration for examination and approval.

Competent departments of environmental protection administration should, within 60 days starting from the date of receipt of the construction project environmental impact report, within 30 days starting from the date of receipt of the environmental impact statement and within 15 days starting from the date of receipt of the environmental impact registration form, make a decision on examination and approval and notify the construction units in writing respectively.

No fee whatsoever shall be collected for the preliminary examination, examination and verification, and examination and approval of construction project environmental impact reports, environmental impact statements or environmental impact registration forms.

Article 11 The competent department of environmental protection administration under the State Council shall be responsible for the examination and approval of the following construction project environmental impact reports, environmental impact statements or environmental impact registration forms:

(1)special-nature construction projects such as nuclear facilities and top-secret projects;

(2)construction projects transcending the administrative areas of the provinces, autonomous regions and municipalities directly under the Central Government; and

(3)construction projects subject to the examination and approval of the State Council or the examination and approval of the departments concerned authorized by the State Council.

Limits of authority of examination and approval of the construction project environmental impact reports, environmental impact statements or environmental impact registration forms beside those provided for in the preceding paragraph shall be prescribed by people′s governments of the provinces, autonomous regions and municipalities directly under the Central Government.

Where a construction project causes trans-administrative area environmental impact and a dispute arises between the competent departments concerned of environmental protection administration over the conclusions of environmental impact evaluation, the environmental impact report or environmental impact statement shall be submitted to the joint competent department of environmental protection administration at the next higher level for examination and approval.

Article 12 Where major changes take place in the nature, scale, location or production techniques adopted of the construction project upon approval of the construction project environmental impact report, environmental impact statement or environmental impact registration form, the construction unit should once again submit the construction project environmental impact report, environmental impact statement or environmental impact registration form for approval.

Where a construction project starts construction on expiry of 5 years starting from the date of approval of the construction project environmental impact report, environmental impact statement or environmental impact registration form, its environmental impact report, environmental impact statement or environmental impact registration form should be submitted to the original examination and approval organ for re-examination and revivification. The original examination and approval organ should, within 10 days starting from the date of receipt of theconstruction project environmental impact report, environmental impact statement or environmental impact registration form, notify the construction unit in writing of the views on examination and verification; failure to notify on expiry shall be construed as approval upon examination and verification.

Article 13 The state practises the qualification examination system of units engaging in the work of construction project environmental impact evaluation.

Units engaging in the work of construction project environmental impact evaluation must obtain a qualification certificate issued by the competent department of environmental protection administration under the State Council, engage in the work of construction project environmental impact evaluation pursuant to the grade and scope prescribed in the qualification certificate, and be responsible for the evaluation conclusions. The competent department of environmental protection administration under the State Council should publish at regular intervals the list of units engaging in the work of construction project environmental impact evaluation which have already been issued qualification certificates. Specific measures shall be worked out by the competent department of environmental protection administration under the State Council.

Units engaging in the work of construction project environmental impact evaluation must strictly comply with the rates for the collection of charges prescribed by the state.

Article 14 Construction units may adopt the form of open tender to select the units engaging in the work of environmental impact evaluation for environmental impact evaluation of the construction projects.

No administrative organ shall appoint units engaging in the work of environmental impact evaluation for construction units for environmental impact evaluation.

Article 15 Construction units should, in compiling the environmental impact reports, solicit the views of the units and residents concerned of the locality wherein the construction project is located pursuant to relevant provisions of law.

Chapter III Construction of Environmental Protection Facilities

Article 16 Simultaneous design, simultaneous construction and simultaneous going into operation with the main body project must be realized for matching environmental protection facilities construction which is required for the construction project.

Article 17 The preliminary design of a construction project should, pursuant to the requirements of environmental protection design standards, contain compilation of a chapter on environmental protection, and ascertain measures for the prevention and treatment of environmental pollution and ecological damage as well as budgetary estimate for investment in the chapter on environmental protection on the basis of the approved construction project environmental impact report or environmental impact statement.

Article 18 Where trial production is required upon completion of the main body project of a construction project, its matching environmental protection facilities built must go into simultaneous trial run with the main body project.

Article 19 The construction unit should, during the trial production of a construction project, monitor the operations of the environmental protection facilities and the environmental impact of the construction project.

Article 20 The construction unit should, upon completion of a construction project, file an application with the competent department of environmental protection administration that examined and approved the said construction project environmental impact report, environmental impact statement or environmental impact registration form for acceptance checks on completion of matching construction of environmental protection facilities required for the said construction project.

Acceptance checks for completion of construction of environmental protection facilities should be conducted simultaneously with the acceptance checks for completion of construction of the main body project. Where trial production is required for the construction project, the construction unit should, within 3 months starting from the date of the said construction project going into trial production, file an application with the competent department of environmental protection administration that examined and approved the said construction project environmental impact report, environmental impact statement or environmental impact registration form for acceptance checks on completion of matching construction of environmental protection facilities required for the said construction project.

Article 21 For construction projects that are built in phases, go into production or are delivered for use in phases, acceptance checks for their corresponding environmental protection facilities should be conducted in phases.

Article 22 Competent departments of environmental protection administration should, within 30 days starting from the date of receipt of the application for acceptance checks on completion of construction of the environmental protection facilities, complete the acceptance checks.

Article 23 The said construction project may only formally go into production or be delivered for use when the matching construction of the environmental protection facilities required for the construction project has passed acceptance checks.

Chapter IV Legal Liability

Article 24 Whoever commits any of the following acts in violation of the provisions of these Regulations shall be ordered by the competent department of environmental protection administration responsible for the examination and approval of the construction project environmental impact report, environmental impact statement or environmental impact registration form to make up the formalities within a given time period; whoever fails to make up the formalities on expiry of the given time period and start construction without authorization shall be ordered to stop the construction and may be imposed a fine of less than RMB 100000 Yuan:

(1)failure to file an application for approval of the construction project environmental impact report, environmental impact statement or environmental impact registration form;

(2)failure to file a new application for approval of the construction project environmental impact report, environmental impact statement or environmental impact registration form in the event of major changes taking place in the nature, scale, location or production techniques adopted of the construction project; and

(3)failure to submit the construction project environmental impact report, environmental impact statement or environmental impact registration form to the original examination and approval organ for re-examination and re-verification of the construction project that starts construction on expiry of 5 years starting from the date of approval of the construction project environmental impact report, environmental impact statement or environmental impact registration form.

Article 25 Whoever starts construction without authorization, without the approval of the construction project environmental impact report, environmental impact statement or environmental impact registration form or without the consent upon re-examination and re-verification of the original examination and approval organ shall be ordered by the competent department of environmental protection administration responsible for the examination and approval of the said construction project environmental impact report, environmental impact statement or environmental impact registration form to stop the construction, restore the original state within the given time period, and may be imposed a fine of less than RMB 100000 Yuan.

Article 26 The matching environmental protection facilites built for the construction project that goes into trial production fail to go into trial run simultaneously with the main body project in violation of the provisions of these Regulations shall be ordered by the competent department of environmental protection administration responsible for the examination and approval of the said construction project environmental impact report, environmental impact statement or environmental impact registration form to make a rectification within the given time period; whoever fails to make a rectification on expiry of the given time period shall be ordered to stop the trial production, and may be imposed a fine of less than RMB 50000 Yuan.

Article 27 A construction unit that fails to file an application for acceptance checks on completion of construction of the environmental protection facilities of a construction project having gone into trial production for more than 3 months in violation of the provisions of these Regulations shall be ordered by the competent department of environmental protection administration that examined and approved the said construction project environmental impact report, environmental impact statement or environmental impact registration form to go through the formalities of acceptance checks on completion of the environmental protection facilities within the given time period; whoever fails to complete the said formalities shall be ordered to stop the trial production and may be imposed a fine of less than RMB 50000 Yuan.

Article 28 Where the main body project formally goes into production or is delivered for use without the completion of construction of matching environmental protection facilities required for the construction project, without going through acceptance checks or without passing the acceptance checks in violation of the provisions of these Regulations shall be ordered by the competent department of environmental protection administration that examined and approved the said construction project environmental impact report, environmental impact statement or environment

al impact registration form to stop the production or use, and may be imposed a fine of less than RMB 100000 Yuan.

Article 29 Any unit engaging in the work of construction project environmental impact evaluation that practises fraud in the work of environmental impact evaluation shall be revoked of its qualification certificate by the competent department of environmental protection administration under the State Council, and may concurrently be imposed a fine of more than 100% less than 300% of the fee collected.

Article 30 Any functionary of the competent department of environmental protection administration who indulges in malpractises for selfish gains, abuse of power, negligence of duty that constitute a crime shall be investigated of the criminal liability according to law; where a crime has not been constituted, administrative sanctions shall be imposed according to law.

Chapter V Supplementary Provisions

Article 31 Environmental impact evaluation should be done in compiling construction planning for such regional development as valley development, development zone construction, new urban district construction and old urban district reconstruction. Specific measures shall be worked out separately by the competent department of environmental protection administration under the State Council in conjunction with the competent departments concerned under the State Council.

Article 32 Environmental protection administration of offshore oil prospecting and exploitation construction projects shall abide by the provisions of the State Council concerning environmental protection administration of offshore oil prospecting and exploitation.

Article 33 Environmental protection administration of construction projects of military installations shall abide by the relevant provisions of the Central Military Commission.

Article 34 These Regulations come into force as of the date of promulgation.

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