Interim Measures for Hearing the Administrative License in Respect of Environmental Protection

Interim Measures for Hearing the Administrative License in Respect of Environmental Protection Order of the State Environmental Protection Administration (No.22) We have hereby formulated the Interim Measures for Hearing the Administrative License in Respect of Environmental Protection under such laws and regulations as the P.R.C Administrative License Law and the P.R.C Environmental Influence Assessment Law. These Measures have been adopted at the executive meeting of the State Environmental Protection Administration (hereinafter referred to as "SEPA") on June 17, 2004, are hereby promulgated and shall be effective as of July 1, 2004. Director of the SEPA Xie Zhenhua June 23, 2004 Measures for Hearing the Administrative License in Respect of Environmental Protection Chapter I General Provisions Article 1 These Measures have been formulated under the provisions of the relevant laws and regulations such as the P.R.C Administrative License Law and the P.R.C Environmental Influence Assessment Law with a view to regulating the administrative license in respect of environmental protection, guaranteeing and supervising the administration carried out in accordance with law by the administrative department in charge of environmental protection, improving the scientificity, impartiality, reasonableness and democracy of the administrative license in respect of environmental protection and safeguarding the lawful rights and interests of citizens, legal persons and other organizations.. Article 2 The administrative department in charge of environmental protection above the country level shall, when implementing the administrative license in respect of environmental protection, hold a hearing in accordance with the present Measures. Article 3 The administrative department in charge of environmental protection that is to make a decision on the administrative license in respect of environmental protection shall organize the hearing. Article 4 The administrative department that organizes a hearing shall abide by the principle of openness, fairness, impartiality and convenience-for-people, fully hear the opinions from citizens, legal persons and other organizations and guarantee their respective rights to state their respective opinions, to cross-examine, and to defend themselves. A hearing shall be held publicly with the exception of those involving any state secret, trade secret or personal privacy in the administrative license. Any citizen, legal person or other organization may apply for being present at a publicly held hearing as an observer. Chapter II Scope for Application of a Hearing Article 5 If any of the following circumstances arises in implementing the administrative license in respect of environmental protection, the present Measures shall apply: (1) A hearing on the implementation of administrative license in respect of environmental protection shall be organized under the provisions of laws, regulations and rules; (2) The administrative department in charge of environmental protection deems it necessary to hold a hearing on the implementation of administrative license in respect of the major environmental protection involving the public interest; or (3) An applicant or interested party claims to hold a hearing in accordance with the law, when the administrative license in respect of environmental protection directly involves the interests between the applicant and others. Article 6 Except the construction projects that need to be kept confidential under the State provisions, the unit that undertakes the construction of any project listed in this article fails to seek legally the opinions from the relevant units and experts and the public or though it has sought the opinions from the relevant units and experts and the public, there are still differences in opinions prior to its submission of the environmental influence report for the approval, the administrative department in charge of environmental protection shall, prior to the examination and re-verification of the documents on assessing the environmental influence of the construction project, hold a hearing to seek the opinions of the relevant units and residents of the place where the project is located: (1) Such construction projects that may have major influence upon the environment and on which an environmental influence report shall be prepared; (2) Such construction projects that may produce oil fume, foul smell, noise or other pollutions and have a serious influence upon the residents' living environmental quality in the place where the project is located. Article 7 If, prior to examining and approving and making a decision on the draft of such special planning relating to the industry, agriculture, animal husbandry, forestry, energy, water conservancy, traffic, municipal construction, tourism or natural resource development that may have a bad influence upon the environment and directly involve the environmental interests of the public, the people's government above the level of city divided into districts designates the administrative department in charge of environmental protection to examine the environmental influence report, the administrative department in charge of environmental protection may hold a hearing to seek the opinions from the relevant units and experts and the public on the draft of the environmental influence report with the exception of such planning that needs to be kept confidential under the State provisions. Chapter III Hearing Host and Attendances Article 8 The administrative department in charge of environmental protection that performs the license function shall organize a hearing on the administrative license in respect of environmental protection and designate a hearing host to implement the hearing specifically. Only those who are not the working personnel being responsible for examining the application for the administrative license in the license examining institution under the administrative department in charge of environmental protection may act as hearing hosts. If the administrative license is a major and complicated one, the administrative department decides to hold a hearing thereon, and the license may be handled partially where the working personnel of the license examining institution acts as a hearing host, the working personnel of the institution of legal affairs shall act as a hearing host. A hearing host shall be responsible for designating a recorder. Article 9 A hearing host shall exercise the following functions and powers in the activities relating to a hearing: (1) To decide the time, locality and way to hold a hearing; (2) To decide to defer, suspend and terminate a hearing; (3) To decide whether a witness is present at a hearing; (4) To enquire about the matters to be heard; (5) To receive and examine the relevant evidence, and to require the hearing attendances to provide and supplement the evidence when necessary; (6) To direct a hearing, to maintain the hearing order, and to impose a warning upon those violating the hearing disciplines or to order them to leave the hearing place; (7) To check and approve the hearing record; and (8) Other functions and powers delegated by laws, regulations and rules. A reorder shall undertake the specific work relating to the hearing preparation and recording. Article 10 The hearing host shall bear the following obligations in the activities relating to a hearing: (1) To decide to serve the notice relating to a hearing in a timely way to such hearing attendances as the administrative license applicant, interested parties, the administrative license examining personnel, identifying experts and translators; (2) To host a hearing impartially and insure that the parties may exercise their respective rights to state, defend themselves and cross-examine; (3) To withdraw from a hearing of his/her own accord if the proper reasons exist; and (4) To keep confidential all State secrets, commercial secrets and personal privacy involved in the hearing case. The recorder shall prepare the hearing record accurately, and bear the obligations specified in Item (4) of this article. Article 11 If a hearing host is under any of the following circumstances, he/she shall withdraw from a hearing of his/her own accord. The applicant for the administrative license in respect of environmental protection or the interested parties have the right to apply for his/her withdrawal orally or in writing: (1) He/she is the personnel examining the administrative license to be heard or the relative thereof; (2) He/she is the party involved in the administrative license to be heard or the relative of the party or agent involved in the administrative li......