PRC Environmental Impact Evaluation Law

Promulgated: October 28 2002
Effective: September 1 2003
Applicability: For the purposes of this Law, "environmental impact evaluation" refers to the analysis, prediction and assessment of possible environmental impact of development plans and construction projects, the proposition of preventive or mitigating measures, and tracking and monitoring methods and procedures in respect of such impact (Article 2). An environmental impact evaluation shall be made when development plans are being formulated within the specified scope and construction projects are being proposed in the PRC territories and other sea areas under PRC jurisdiction (Article 3).

Main contents: When a State Council department or a multi-district city government formulates an area development plan, it shall organize an environmental impact evaluation and include a chapter or section on environmental impact in the draft plan for approval (Article 7). Where a development plan is sector specific, an environmental impact report shall be submitted (Article 8). Reports on a plan that might do harm to the environment shall be made public for comment through professional testimonials, public hearings or other channels (Article 11). Construction projects will be classified by the State Council department in charge of environmental protection in respect of their environmental impact evaluation requirement depending on the extent of their possible environmental impact. Environmental impact evaluation requirement may take the form of a comprehensive environmental impact report, a special subject environmental impact report or an environmental impact registration (Article 16). If a material change has occurred to the nature, scale, location, technology applied or environmental protection measures of a project or if the construction of a project has not commenced within five years from the date of the approval of the environmental impact evaluation document, a new environmental impact evaluation shall be reported (Article 24). Providers of environmental impact evaluation services shall be subject to qualification examination by the State Council department in charge of environmental protection (Article 19).