1、 1 中华人民共和国环境影响评价法(2002 年 10 月 28 日已由中华人民共和国第九届全国人民代表大会常务委员会第三十次会议通过 2002 年 10 月 28 日中华人民共和国主席令第 77 号公布,自 2003 年 9 月 1 日起施行) 。Law of the Peoples Republic of China on Environmental Impact Assessment(The Law of the Peoples Republic of China on Environmental Impact Assessment wasadopted at the 30th Meet
2、ing of the Standing Committee of the Ninth National PeoplesCongress on October 28, 2002, and is hereby promulgated with the Order No. 77 of Chairmanof the Peoples Republic of China, which shall be put into effect as of September 1, 2003. )本英文版为内部资料,仅供参考,以中文版为准。The Chinese version of standards has pr
3、ecedence to their English translations which are only for internal reference. 2 Law of the Peoples Republic of China on Environmental Impact AssessmentChapter I General ProvisionsArticle 1 This Law is formulated for the purpose of implementing the strategy of sustainable development, preventing adve
4、rse impact on the environment due to execution of plans and construction projects, and facilitating the coordinated development of the economy, the society and the environment.Article 2 “Environmental impact assessment” as used in this Law refers to the method and system for conducting analysis, pre
5、diction and assessment on the environmental impact that might arise from implementation of plans and construction projects, putting forward countermeasures and measures for preventing or alleviating adverse environmental impact, and performing follow-up monitoring.Article 3 Development of plans as d
6、efined in Article 9 of this Law and construction of projects that have environmental impact within the territory of the Peoples Republic of China and other sea areas under the jurisdiction of the Peoples Republic of China shall be subject to environmental impact assessment according to this Law. Art
7、icle 4 Environment impact assessment must be objective, open and impartial, taking into comprehensive consideration the impact on all the various environmental factors and the ecological system constituted thereby that might result from implementation of plans and construction projects, thus providi
8、ng scientific basis for decision making.Article 5 The State shall encourage relevant units, experts and the public to participate in environmental impact assessment by proper means.Article 6 The State shall strengthen the construction of the basic database and assessment index system for environment
9、al impact assessment, encourage and support the scientific study on the methods and technical codes for environmental impact assessment, establish necessary information sharing system for environmental impact assessment and raise the scientificalness of environmental impact assessment.The competent
10、department of environmental protection administration under the State Council shall organize to establish and improve the basic database and assessment index system for environmental impact assessment in conjunction with relevant departments under the State Council. 3 Chapter II Environmental Impact
11、 Assessment For PlansArticle 7 Competent departments under the State Council, the local peoples government at or above the city level with establishment of districts and their competent departments shall organize environmental impact assessment and compile the division or notes about environment imp
12、act in their developed land utilization related plans and the plans for construction, exploitation and utilization of areas, drainage basins and sea areas.The environmental impact division or notes of the plan shall make analysis, prediction and assessment on the environment impact that might arise
13、from implementation of the plan and put forward countermeasures and measures for preventing or alleviating adverse environmental impact, as an integral part of the draft plan for submitting to the approval authorities of the plan.The approval authorities shall not grant approval to draft plans witho
14、ut the division or notes concerning environmental impact developed.Article 8 Competent departments under the State Council, the local peoples government at or above the city level with establishment of districts and their competent departments, while organizing the compilation of relevant special pl
15、ans for industry, agriculture, animal husbandry, forestry, energy resources, water conservancy, traffic, urban construction, tourism and natural resource exploitation (hereinafter referred to as Special Plans), shall organize environmental impact assessment before submitting the draft special plans
16、for approval, and submit the environmental impact report to the authorities responsible for approval of the special plans. The directive plan in the special plans as listed in the preceding clause shall be subject to environmental impact assessment according to Article 7 of this Law.Article 9 The sp
17、ecific scope of plans subject to environmental impact assessment pursuant to provisions in Article 7 and Article 8 of this Law shall be defined by the competent department of environmental protection administration under the State Council in conjunction with relevant departments under the State Coun
18、cil, and submitted to the State Council for approval. Article 10 The environmental impact report of special plans shall include the following contents:(1) Analysis, prediction and assessment of the environmental impact that might result from implementation of the plan;(2) Countermeasures and measure
19、s for preventing or alleviating adverse environmental impact;(3) Conclusion of environmental impact assessment. 4 Article 11 While developing a plan that might cause adverse environmental impact and directly relates to public environmental interests, the department for the special plan development s
20、hall hold demonstration or hearing, or solicit related units, experts and the public by other means for comments on the draft environmental impact report before the draft plan is submitted for approval. The department for the plan development shall take into serious consideration the comments of rel
21、ated units, experts and the public on the draft environmental impact report, and enclose in the environmental impact report submitted for review an explanation on whether to adopt the comments or not. Article 12 While submitting the draft plan for review, the department for the special plan developm
22、ent shall enclose the environmental impact report along with the draft plan to the approving authorities for review; the approving authorities shall not grant approval to plans without the environmental impact report attached.Article 13 Before the peoples government at or above the city level with e
23、stablishment of districts approves a draft special plan and makes decision, the competent department of environmental protection administration or other departments as designated by the peoples government shall call representatives for relevant departments and experts together to form a review group
24、 to review the environmental impact report. Experts participating in the review group as defined in the preceding clause shall be determined by random taking from the experts list of respective disciplines in the database of experts established according to the stipulations of the competent departme
25、nt of environmental protection administration under the State Council.For special plans to be approved by relevant departments of the peoples government at or above the provincial level, the method for review of the environmental impact report shall be formulated by the competent department of envir
26、onmental protection administration under the State Council in conjunction with relevant departments under the State Council.Article 14 While approving a draft special plan, the competent departments of the peoples government at or above the city level with establishment of districts or at or above t
27、he provincial level shall regard the conclusion of the environmental impact report and the review comments as an important basis for decision making. Where the conclusion of the environmental impact report and the review comments are not adopted during the approval, explanation must be provided and
28、filed for future reference. Article 15 After implementation of a plan that has significant impact on the environment, the department that has developed the plan shall timely organize follow-up assessment on the environmental impact, and report the assessment result to the approving authorities. In t
29、he event of any apparent adverse environmental impact identified, measures for improvement must be proposed immediately. 5 Chapter III Environmental Impact Assessment For Construction ProjectsArticle 16 The State shall execute classified administration on environment impact assessment of constructio
30、n projects according to the extent of the project environmental impact. The construction unit shall organize to develop the environmental impact report and environmental impact report forms, or fill up and submit the environmental impact registration form (hereinafter referred to as Environmental Im
31、pact Assessment Documents in general) according to the following stipulations:(1) Where significant environmental impact might result, an environmental impact report shall be developed to comprehensively assess the environmental impact;(2) Where slight environmental impact might result, an environme
32、ntal impact report form shall be developed to make analysis or special assessment on the environmental impact;(3) Where the environmental impact is very small, rendering environmental impact assessment unnecessary, the environmental impact registration form shall be filled up. The directory for clas
33、sified administration of environmental impact assessment of construction projects shall be formulated and publicized by the competent department of environmental protection administration under the State Council.Article 17 The environmental impact report of construction projects shall include the fo
34、llowing contents:(1) General description of the project; (2) Environmental status in the surroundings of the project;(3) Analysis, prediction and assessment on the environment impact that might result from the project;(4) Environmental protection measures for the project and their technical and econ
35、omic demonstration;(5) Economic gain or loss analysis on the environmental impact of the project;(6) Suggestion on environmental monitoring of the project;(7) Conclusion of environmental impact assessment.Construction projects relating to water and soil conservancy must also have a water and soil co
36、nservancy plan approved by the competent department of water resource administration.The contents and format of the environmental impact report form and the environmental 6 impact registration form shall be formulated by the competent department of environmental protection administration under the S
37、tate Council.Article 18 Environmental impact assessment of construction projects shall avoid repeating environmental impact assessment of plans.The plan for an integral construction project shall be subject to environmental impact assessment of the construction project rather than environmental impa
38、ct assessment of the plan.For a specific construction project covered by a plan that has been subject to environmental impact assessment, the construction unit may simplify the contents of environmental impact assessment of the project.Article 19 An organization entrusted to provide technical servic
39、e for environmental impact assessment of construction projects shall hold qualification certificate issued by the competent department of environmental protection administration under the State Council after it has passed the examination and review by the latter, undertake environmental impact asses
40、sment service according to the grading and assessment scope defined in the qualification certificate, and assume responsibility for the conclusion of assessment. The qualification conditions and administration method for organizations providing technical service for environmental impact assessment o
41、f construction projects shall be formulated by the competent department of environmental protection administration under the State Council. The competent department of environmental protection administration under the State Council shall publicize the list of organizations that have obtained the qua
42、lification certificate to provide technical service for environmental impact assessment of construction projects.Organizations providing technical service for environmental impact assessment of construction projects shall not have relations of interests with the competent department of environmental
43、 protection administration responsible for approving the environmental impact assessment documents of construction projects or with other approving authorities.Article 20 The environmental impact report or environmental impact report form in the environmental impact assessment documents shall be dev
44、eloped by organizations possessing respective qualification for environmental impact assessment. No unit or individual shall designate for the construction unit the organization for environmental impact assessment of construction project. Article 21 With exception of confidential circumstances as sp
45、ecified by the State, for construction projects that might cause significant impact on the environment and need the environmental impact report, the construction unit shall hold demonstration or hearing, or solicit related units, experts and the public by other means for comments before submitting t
46、he project environmental impact report for approval. 7 The environmental impact report submitted by the construction unit for approval shall be complete with an explanation on whether or not to adopt the comments of related units, experts and the public. Article 22 Environmental impact assessment do
47、cuments of the construction project shall be submitted by the construction unit to the competent department of environmental protection administration with approving power for approval in accordance with stipulations of the State Council. Where the construction project has its own competent departme
48、nt of industrial administration, the environmental impact report or environmental impact report form shall first be subject to preliminary examination by the competent department of industrial administration before it is submitted to the competent department of environmental protection administratio
49、n with approving power for approval.Approval to the marine environmental impact report of oceaneering construction projects shall be handled in accordance with the Law of the Peoples Republic of China on Marine Environmental Protection.The approving authorities shall make approval decision and give the construction unit written notification within 60 days after receipt of the environmental impact report, 30 days after receipt of the environmental impact report form, and 15 days after receipt of the environmental impact registration form respectively. Preliminary