The General Office of the State Council has recently issued the Circular on Sorting out Regulations, Rules and Normative Documents with Respect to the Protection of Ecological Environment (the "Circular").
The Circular expressly states that, legislative documents to be sorted out this time cover administrative regulations concerning the protection of ecological environment, rules formulated by governments of provinces, autonomous regions, municipalities directly under the Central Government, cities with districts and autonomous prefectures and by departments under the State Council, and normative documents formulated by local governments above the county level and departments affiliated thereto and by departments under the State Council. This clearing-up work will mainly focus on those provisions that are not in line with, in connection with, or in harmony with Xi Jinping Thought on the Ecological Civilization, the spirit presented in policy documents issued since the 18th National Congress of the Communist Party of China ("CPC") by the CPC Central Committee and the State Council in respect of protection of ecological environment, or laws relating to the protection of ecological environment. Moreover, the Circular notes that, the clearing-up work shall be done under the principle of "letting whichever formulates the policy documents take charge of straightening them out". The aforesaid legislative documents shall be checked on an item-by-item basis, according to the spirit illustrated in policy documents released by the CPC Central Committee and the State Council in respect of eco-protection and the revisions to or abolishment of the laws of the higher level. Furthermore, the Circular sets out the arrangement for the submission of clearing-up results and the organization of implementation.