Environmental Impact Assessment Planning Regulations

Order of State Council of the People's Republic of China No.559

August 17, 2009

The Environmental Impact Assessment Planning Regulations, which have been adopted at the 73rd Executive Meeting of the State Council on August 12, 2009, are hereby promulgated and shall come into effect on its promulgation date.

Premier Wen Jiabao

Environmental Impact Assessment Planning Regulations

Chapter I General Provisions

Article 1 These Regulations are formulated for a purpose to strengthen the environmental impact assessment on planning, to enhance the scientific planning, to prevent environmental pollution and ecological destruction from the source, and to promote comprehensive, coordinated and sustainable development of economy, society and environment in accordance with the Environmental Impact Assessment Law of the Peoples Republic of China.

Article 2 The competent authorities of the State Council, local peoples governments at or above the level of city with districts as well as their relevant departments shall carry out environmental impact assessment on the planning with regard to land use, construction, development and utilization planning of regions, river basins and sea areas (hereinafter referred to as comprehensive planning), as well as the special planning with regard to industry, agriculture, animal husbandry, forestry, energy, water conservancy, transportation, urban construction, tourism and natural resource development (hereinafter referred to as special planning) which are prepared under their organization.
The specific scope of planning falling into the environmental impact assessment as provided in the first paragraph of this article shall be drawn up jointly by the competent department of environmental protection as well as other authorities concerned under the State Council and implemented upon the approval of the State Council.

Article 3 To carry out environmental impact assessment on planning shall follow the principle of objectiveness, openness and fairness.

Article 4 The state shall establish information sharing system for environmental impact assessment on planning.
Peoples governments at or above the level of county as well as their departments concerned shall implement information sharing for the necessary information concerning environmental impact assessment on planning.

Article 5 The costs of environmental impact assessment on planning shall be incorporated into fiscal budget in accordance with the provisions on budget management under strict expenditure management and subject to audit oversight.

Article 6 Any unit or individual is entitled to report the violation of these Regulations or significant adverse environmental impacts generated in the process of planning implementation to the planning approval authority, planning preparation body or the environmental protection department, which shall investigate and deal with in accordance with the law after receiving the report.

Chapter II Assessment

Article 7 Planning preparation body shall make environmental impact assessment on the planning organization in the process of planning preparation.

Article 8 Following aspects shall be analyzed, forecasted and evaluated in environmental impact assessment on planning:
1. the overall impact on the eco-system of relevant regions, river basins and sea areas likely produced by the planning implementation;
2. the possible long-term effects on the environment and human health resulting from the planning implementation; and
3.the relationship between economic, social and environmental benefits as well as the relationship between immediate interests and long-term interests from the planning implementation.

Article 9 The relevant environmental protection standards as well as technical guideline and technical specifications for environmental impact assessment shall be complied with in the implementation of environmental impact assessment on planning.
Technical guideline for environmental impact assessment on planning is formulated by the competent authority of environmental protection jointly with other departments concerned under the State Council; and technical specifications for environmental impact assessment are drafted by the relevant departments under the State Council, and a copy shall be made for the competent authority of environmental protection under the State Council for the record.

Article 10 To prepare a comprehensive planning, environmental impact chapter or statement shall be comprised based on the possible impact on the environment after the implementation of planning.
To prepare a special planning, environmental impact report shall be worked out before the submission of the draft plan for approval. Environmental impact chapter or statement shall be comprised in the preparation of guidance planning for a special planning in accordance with the first paragraph of this Article.
Guidance planning mentioned in the second paragraph of this Article refers to a special planning with the main content of development strategy.

Article 11 Environmental impact chapter or statement shall consist of the follows:
1.analysis, forecasting and assessment on the possible impact caused by the implementation of planning, including analysis on resources and environment carrying capacity, analysis and forecasting on adverse environment impact as well as analysis on environmental coordination with the relevant planning.
2. countermeasures and steps to prevent or mitigate adverse environmental effects, including policies, management or technologies, etc. to prevent or mitigate adverse environmental effects.
In addition to the aforesaid contents, environmental impact report shall also have the conclusion of environmental impact assessment, including rationality and feasibility of the draft planning, rationality and effectiveness of countermeasures and steps to prevent or mitigate adverse environmental impact as well as proposed adjustments to the draft planning.

Article 12 Environmental impact chapter or statement as well as environmental impact report (hereinafter referred to as environmental impact assessment documents) shall be drawn up by the planning preparation authority or the technical agency to organize the preparation of environmental impact assessment on planning. The planning preparation authority shall be responsible for the quality of environmental impact assessment documents.

Article 13 With regard to a special planning that may have adverse environmental impacts and involves directly public environmental rights and interests, the planning preparation authority shall solicit opinions from relevant units, experts and the public on the environmental impact report in the means of surveys, forums, demonstration meeting, hearings and so on before the submission of the draft planning for approval. However, those subject to keeping confidentiality in accordance with the law are excluded.
Where the opinions from relevant units, experts and the public have significant difference with the conclusion of environmental impact assessment, the planning preparation authority shall take demonstration meetings, hearings and other forms for further argumentation.
The environmental impact report submitted by a planning preparation authority for examination shall contain the decision whether or not to adopt the public opinion as well as the statement of the reasons.

Article 14 For major changes or amendments in the aspect of scope, application deadline, size, structure and layout to an approved planning, the planning preparation authority shall re-make or have a supplement to the environmental impact assessment in accordance with these Regulations.

Chapter III Examination

Article 15 The planning preparation authority shall submit environmental impact chapter or statement as an integral part of the draft planning together with the draft comprehensive planning and the draft guidance planning for a special planning for examination and approval. Where there is no environmental impact chapter or statement, the planning approval authority shall require a supplement; otherwise the draft planning will not be approved.

Article 16 The planning preparation authority shall submit the environmental impact report together with the draft special planning to the planning approval authority for examination; Where there is no environmental impact report, the planning approval authority shall require a supplement; otherwise the draft special planning will not be approved.

Article 17 Prior to the approval for a special planning subject to the approval of a peoples government at or above the level of city with districts, an examination panel consisted of representatives from relevant units as well as experts shall be convened by the competent department of environmental protection to review the environmental impact report and submit a written review opinion.
The examination method to review environmental impact report of a special planning subject to the approval of a peoples government at or above the level of province shall be formulated by the competent authority of environmental protection jointly with relevant departments under the State Council.

Article 18 Experts to participate in the examination panel shall be randomly selected from a list of experts in relevant fields from the expert database established in accordance with the law. However, an expert participated in the preparation of environmental impact report shall not be a member of the examination panel for environmental impact report.
The number of experts in the examination panel shall not be less than half of the total number of the panel; otherwise the examination panels review opinion is invalid.

Article 19 Members of the examination panel should be objective, impartial and independent to propose a written review opinion, planning approval authority, planning preparation authority as well as examination panel are not allowed to interfere.
The review opinion shall contain the following aspects:
1.authenticity of the basic information and data;
2. appropriateness of the assessment method;
3. reliability of analysis, forecasting and assessment on environmental impacts;
4. rationality and effectiveness of the countermeasures and steps to prevent or mitigate adverse environmental impacts;
5. whether or not adopting the public opinion and the rationality of statement for the reasons; and
6. whether the conclusion of environmental impact assessment is scientific.
The review opinion shall be agreed with signature by more than three-fourths of the members of the examination panel. Any different opinions of the panel members shall be faithfully recorded and reflected.

Article 20 Under any of the following cases, the examination panel shall propose an opinion to modify and re-examine the environmental impact report:
1.false basic information or data;
2. inappropriate selection of assessment methods;
3. the analysis, forecasting and assessment on adverse environmental impacts are not accurate or not in-depth which need further argumentation;
4. there are serious defects in the countermeasures and steps to prevent or mitigate adverse environmental impacts;
5. the conclusion of environmental impact assessment is not clear, unreasonable or wrong;
6. not accompanied by whether or not adopting public opinion as well as the statement for the reasons, or the reasons for not adopting public opinion is obviously unreasonable; and
7. there are significant defects or omission of the contents.

Article 21 Under any of the following circumstances, the examination panel shall propose the opinion not to adopt environmental impact report:
1.a scientific judgement on the extent and scope of possible adverse environmental impacts caused by the implementation of planning can not be made based on the existing level of knowledge and technical conditions; and
2. the implementation of planning may cause significant adverse environmental impacts, and there are no feasible countermeasures and steps to prevent or mitigate the adverse impacts.

Article 22 The planning approval authority shall take the conclusion of environmental impact report as well as the review opinion as an important basis to examine and approve a draft special planning.
Where the conclusion of environmental impact report as well as the review opinion is not adopted, a written statement for the reasons shall be made one by one and filed for the record by the planning approval authority. The relevant entities, experts and the public can apply for looking up with the exception of those subject to keeping confidential in accordance with the law.

Article 23 Where a planning, which has been carried out environmental impact assessment, contains specific construction projects, the conclusion of environmental impact assessment on the planning should be regarded as an important basis for environmental impact assessment on the construction projects, which can be simplified based on the analysis and argumentation on the environmental impact assessment on the planning.

Chapter IV Tracking Assessment

Article 24 After the implementation of planning which has a significant impact on the environment, the planning preparation authority shall timely prepare the tracking assessment on the planning environmental impacts, report the assessment to the planning approval authority, and inform the competent authority of environmental protection and other relevant departments.

Article 25 The tracking assessment on the planning environmental impacts shall involve the following matters:
1.comparative analysis and evaluation between the actual environmental impacts arisen after the implementation of the planning and the possible environmental impacts forecasted in the environmental impact documents;
2. analysis and evaluation on the effectiveness of countermeasures and steps taken in the implementation of the planning to prevent or mitigate adverse environmental impacts;
3. the public opinion on the environmental impacts caused by the implementation of the planning; and
4. tracking assessment conclusions.

Article 26 To tract the environmental impact assessment on planning, the planning preparation authority shall take questionnaire, on-site visits, seminars and other forms to seek comments from relevant entities, experts as well as the public.

Article 27 For significant adverse environmental impacts resulting in the implementation process of the planning, the planning preparation authority shall promptly propose improvement measures, report to the planning approval authority and inform the competent department of environmental protection and other relevant organs.

Article 28 Upon any finding of significant adverse environmental impacts in the implementation process of planning, the competent department of environmental protection shall conduct promptly verification and, for true facts after verification, put forward proposals to improve measures or revise the planning to the planning approval authority.

Article 29 After receiving the report of the planning preparation authority or the proposals of the competent department of environmental protection, the planning approval authority shall promptly organize argumentation and adopt measures or improve the planning based on the argumentation result.

Article 30 Where the total emission of major pollutant in the region of planning implementation exceeds the national or local targets of total control, environmental impact documents of construction projects which can add the total discharge of major pollutant in this region of planning implementation will not be approved temporarily.

Chapter V Legal Liabilities

Article 31 Where a planning preparation authority practices fraud or conduct dereliction of duty in the organization of environmental impact assessment, resulting in seriously falseness of environmental impact assessment, its executive officer directly in charge as well as other direct responsible personnel shall be given punishment in accordance with the law.

Article 32 Under any of the following cases, the executive officer directly in charge as well as other direct responsible personnel of a planning approval authority shall be given punishment in accordance with the law.
1.approve a draft comprehensive planning as well as the a draft guidance planning for a special planning without environmental impact chapter or statement which should have such content in accordance with the law; and
2. approve a draft special planning without environmental impact report which should be accompanied in accordance with the law, or approve a draft special planning with environmental impact report which does not reviewed by an examination panel.

Article 33 Where the convening authority of an examination panel practices fraud or abuses power in the organization of review of environmental impact assessment, resulting in seriously falseness of environmental impact assessment, its executive officer directly in charge as well as other direct responsible personnel shall be given punishment in accordance with the law.
Where an expert of an examination panel practices fraud or conduct dereliction of duty in the review of environmental impact report, resulting in serious falseness of environmental impact assessment, its qualification to be selected in the expert database shall be cancelled and announced by the competent authority of environmental protection which establishes the expert database; And the representatives of an examination panel who have the aforesaid acts shall be given punishment in accordance with the law.

Article 34 Where a technical agency of environmental impact assessment on planning practices fraud or conduct dereliction of duty, resulting in serious falseness of environmental impact documents, it shall be informed and imposed a fine of one to three times the fees it charged by the competent department of environmental protection under the State Council; Whereas the case constitutes a crime, criminal responsibility shall be investigated in accordance with the law.

Chapter 6 Supplementary Provisions

Article 35 Peoples governments at the level of province, autonomous and municipality can, based on local reality, require the peoples governments at the level of county in their administrative areas to conduct environmental impact assessment on the planning they prepared. The specific measures shall be worked out by provinces, autonomous regions and municipalities in accordance with the Environmental Impact Assessment Law of the Peoples Republic of China and the provisions of these Regulations.

Article 36 These Regulations shall take effect as of 1 October 2009.