Regulation on Environmental Impact Assessment of Planning

Regulation on Environmental Impact Assessment of Planning Order of the State Council (No. 559) The Regulation on Environmental Impact Assessment of Planning, which was adopted at the 76th executive meeting of the State Council on August 12, 2009, is hereby promulgated and shall come into force as of October 1, 2009. Premier Wen Jiabao August 17, 2009 Regulation on Environmental Impact Assessment of Planning Chapter I General Provisions Article 1 For purposes of strengthening the environmental impact assessment of planning, improving the scientificalness of planning, preventing environmental pollution and ecological damage from the source and promoting the overall, harmonious and sustainable development of the economy, society and environment, this Regulation is formulated in accordance with the Law of the People's Republic of China on Environmental Impact Assessment . Article 2 The relevant departments of the State Council, and local people's governments at and above the districted city level and the relevant departments thereof shall make an environmental impact assessment when it organizes the planning of land use, and construction, development and utilization of regions, basins and sea areas (hereinafter referred to comprehensive planning) and relevant special planning of industry, agriculture, stockbreeding, forestry, energy, water resources, transport, urban construction, tourism and development of natural resources (hereinafter referred to as the special planning). The concrete scope of planning subject to environmental impact assessment under paragraph 1 of this Article shall be formulated by the environmental protection administrative department jointly with the relevant departments of the State Council, and be executed upon approval of the State Council. Article 3 The principle of objectiveness, openness and impartiality shall be followed in the environmental impact assessment of planning. Article 4 The state shall establish an information sharing system for the environmental impact assessment of planning. The people's governments at and above the county level and the relevant departments thereof shall share the information about the environmental impact assessment of planning. Article 5 The expenses necessary for the environmental impact assessment of planning shall be integrated into the fiscal budget under the provisions on budget administration, be subject to strict management and accept audit and supervision. Article 6 Any entity or individual has the right to report to the examination and approval organ of planning, planning preparation organ or environmental protection administrative department any violation of this Regulation or bad impact arising during the execution of planning. The relevant department shall investigate and deal with the case after receipt of the tip-off. Chapter II Assessment Article 7 The planning preparation organ shall organize an environmental impact assessment of the planning during the process of formulating the planning. Article 8 An environmental impact assessment of planning shall include the analysis, forecast and assessment of the following items: 1. the possible overall impact on the ecological system of the relevant regions, basins and sea areas as a result of the execution of planning; 2. the possible long-term impact on the environment and human health as a result of the execution of planning; and 3. the relationship between the economic & social benefits and the environmental benefits, and the relationship between the present interests and the long-term interests from the execution of planning. Article 9 The relevant criterions on environmental protection and the technical guide and norms on environmental impact assessment shall be observed in the environmental impact assessment of planning. The technical guide on environmental impact assessment of planning shall be formulated by the environmental protection administrative department of the State Council together with other relevant departments of the State Council. The technical norms on the environmental impact assessment of planning shall be formulated by the relevant department of the State Council according to the technical guide on environmental impact assessment of planning and a copy thereof shall be sent to the environmental protection administrative department of the State Council for archival purposes. Article 10 When comprehensive planning is made, a chapter or introduction about the environmental impact shall be prepared according to the possible environmental impact as a result of the execution of planning. When special planning is made, an environmental impact report shall be prepared before the draft of planning is submitted for examination and approval. A chapter or introduction about the environmental impact shall, in accordance with the provision of paragraph 1 of this Article, be prepared for the directive planning in the special planning. The term “directive planning” as mentioned in paragraph 2 of this Article refers to a special planning focusing on the strategy of development. Article 11 A chapter or introduction about the environmental impact shall include: 1. an analysis, forecast and assessment of possible impacts on the environment as a result of the execution of planning, mainly including an analysis of the bearing capacity of resources and environment, analysis and forecast of the bad environmental impact as well as analysis of the environmental coordination with relevant planning; 2. the countermeasures and measures for preventing or mitigating the bad environmental impact, mainly including the policies, administrative or technical measures for preventing or mitigating the bad environmental impact. In addition to the aforesaid contents, an environmental impact report shall contain conclusions to the environmental impact assessment, mainly including the environmental reasonableness and feasibility of the draft of planning, reasonableness and feasibility of the countermeasures and measures for preventing or mitigating bad environmental impact, and advice on adjustments to the draft of planning. Article 12 The planning preparation organ shall prepare the chapter or introduction about the environmental impact and the environmental impact report (hereinafter referred to as the environmental impact documents) or organize the technical institution for environmental impact assessment of planning to do so. The planning preparation organ shall be responsible for the quality of the environmental impact documents. Article 13 As to the special planning which may have bad environmental impact and directly involve the environmental interests of the general public, the planning preparation organ shall, prior to submitting the draft of planning for examination and approval, openly solicit the opinions of the relevant entities, experts and the general public on the environmental impact report through questionnaire, symposia, discussion meetings, hearings, etc., unless it is required to keep it confidential according to law. If there is any significant difference between the opinions of the relevant entities, experts and the general public and the conclusion to the environmental impact assessment, the planning preparation organ shall make further discussions through discussion meetings, hearings, etc. The planning preparation organ shall attach to the environmental impact report, which it submits for examination, a statement about the adoption and rejection of public opinions as well as the reasons therefor. Article 14 To make significant adjustments or revisions to the execution scope, applicable time limit, scale, structure and layout of the planning already approved, the planning preparation organ shall make a new or supplemental environmental impact assessment under this Regulation. Chapter III Examination Article 15 When the planning preparation organ submits a draft of comprehensive planning or a draft of directive planning in the special planning for examination an......