State Environmental Protection Administration, Tentative Measures for Public Participation in Environmental Impact Assessments

Promulgated: February 14 2006
Effective: March 18 2006
Applicability: These Measures apply to public participation in environmental impact assessment of the following construction projects: (1) construction projects that may cause serious impact to the environment, and of which an environmental impact report shall be compiled; (2) construction projects of which material changes occur to their nature, scale, site, production techniques adopted, or measures for the prevention and treatment of pollution and for the prevention of ecological harm after the environmental impact report has been approved, and of which the construction work unit shall re-submit its environmental impact report for approval; and (3) construction projects of which the commencement of construction is decided more than five years from the date of approval of the environmental impact report; and such report is required to be submitted to the original examination and approval authority for review anew (Article 2).

Main contents: Construction work units or their entrusted environmental impact assessment organizations shall adopt such means as public surveys, consulting professional opinions, seminars, discussions and hearings to openly seek public opinion (Article 12). Members of the public from which opinion is sought shall include citizens, legal persons or representatives of other organizations that are affected by the construction project (Article 15).
Related legislation: PRC Environmental Impact Assessment Law, Oct 28 2002, CLP 2003 No.1 p.69; Administrative Licensing Law; Implementing Outline for Full Promotion of Administration in Accordance with the Law; State Council, Decision on Implementation of an Scientific Development View and Strengthening of Environmental Protection; Catalogue for Environmentally Classified Administration of Construction Projects; Tentative Measures for Environmental Protection Administrative Licensing Hearings; and Technological Guidelines for Environmental Impact Assessments