Administrative Regulations on Environmental Protection of Construction Projects
Administrative Regulations on Environmental Protection of Construction Projects
Administrative Regulations on Environmental Protection of Construction Projects
Decree of the State Council [1998] No. 253
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 the building of construction projects having impacts on the environment within the territory of the People's Republic of China and other territorial sea areas under the jurisdiction of the People's Republic of China.
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 shall adopt clean production techniques with low energy consumption, low materials consumption and low pollutants generation,and 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 practices 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 practices classified control over the environmental protection of construction project in accordance with the extent of environmental impact of construction projects in pursuance of the following provisions:
(1) a report on environmental impact shall 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) an environmental impact statement shall 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 shall 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 environmental protection of construction project shall be compiled and published by the competent department of environmental protection administration under the State Council.
Article 8 A construction project environmental impact report shall 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 shall, in the phase of construction project feasibility study, submit 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 shall, 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 shall, 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 shall, 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 verification 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 shall, 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 shall 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 shall be submitted to the original examination and approval organ for re-examination and revivification.
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