State Environmental Protection Administration, Provisions on Procedures for Examination and Approval of Environmental Impact Assessment Documents for Construction Projects

Promulgated: November 23 2005
Effective: January 1 2006
Applicability: The term "environmental impact assessment documents for construction projects" is a collective term referring to environmental impact reports for construction projects, environmental impact statements and environmental impact registration forms
(Article 2). These Provisions apply to the examination and approval for which the State Environmental Protection Administration is responsible for environmental impact assessment documents for construction projects (Article 3).

Main contents: For construction projects subject to the examination and approval system in accordance with state provisions, the construction work units shall, prior to submission of the feasibility study report, submit the environmental impact assessment documents for approval. For construction projects subject to the check and approval system in accordance with state provisions, construction work units shall, prior to submission of the project application, submit the environmental impact assessment documents for approval. For construction projects subject to the record filing system in accordance with state provisions, construction work units shall, subsequent to handling record filing procedures and prior to commencement of work, submit the environmental impact assessment documents for approval (Article 4). The State Environmental Protection Administration shall carry out examination on environmental impact assessment documents for construction projects primarily in aspects such as: (i) whether or not they comply with the laws and regulations related to environmental protection; (ii) whether or not they comply with state industry policy and clean work standards or requirements; and (iii) whether or not the site, alignments and settings of the construction projects comply with the regional and river basin plans and the urban master plan (Article 12).
Related legislation: PRC Administrative Licensing Law; PRC Environmental Impact Assessment Law, Oct 28 2002, CLP 2002 No.9 p.6 and State Council, Decisions on the Reform of the Investment System, July 16 2004, CLP 2004 No.8 p.6