中国地质大学(武汉）CHINA UNIVERSITYOFGEOSCIENCESEIAin China
EIA in China 1
ElA Systemin ChinaThere are three modes of administrative management system:regional management,the basis of other management modes, is the main mode ofenvironmentalmanagement inChina,where eachgovernment is inchargeoftheenvironmentamanagement ofitsadministrative jurisdictionarea.Industrial managementmode,asthesupplementtoregionalmanagement,iscross-regionmanagement concentrating on the management of specific industryResourcemanagement,focusingonthepreservationofnaturalresources,forexampleagriculture,forestry,water conservancy and marine,is toprotect the natural environment and tocoordinatetherelationshipbetweenresourcesutilizationandenvironmental protection.The management institutions of ElA are closely related to currentadministrative managementsystem in China.As stipulated in the EP Law, the competent departments of environmentalprotectionof local governments are in charge of supervisionand managementonenvironmentalprotectionwork2
EIA System in China • There are three modes of administrative management system: • regional management, the basis of other management modes, is the main mode of environmental management in China, where each government is in charge of the environmental management of its administrative jurisdiction area. • Industrial management mode, as the supplement to regional management, is cross-region management concentrating on the management of specific industry. • Resource management, focusing on the preservation of natural resources, for example, agriculture, forestry, water conservancy and marine, is to protect the natural environment and to coordinate the relationship between resources utilization and environmental protection. • The management institutions of EIA are closely related to current administrative management system in China. As stipulated in the EP Law, the competent departments of environmental protection of local governments are in charge of supervision and management on environmental protection work. 2
. The legal system of ElA is an important part of the nationalenvironmental protection law system in China.In general, ElAlegislationcanbeclassifiedintotwodifferentprocesses:1provisionsofElAorsimilararestipulatedinvariousenvironmentalprotectionlawsandregulations2specificlegislationonElA,alone: However, the content and the structure of the provisions ofElA or special single ElA law should be in accordancewiththerequirement ofthe Constitution, the EP Law and othersuperiorlaws.3
• The legal system of EIA is an important part of the national environmental protection law system in China. In general, EIA legislation can be classified into two different processes: • 1 provisions of EIA or similar are stipulated in various environmental protection laws and regulations • 2 specific legislation on EIA, alone • However, the content and the structure of the provisions of EIA or special single EIA law should be in accordance with the requirement of the Constitution, the EP Law and other superior laws. 3
Institutional setupof environmentalprotection in ChinaRegional management is the main mode of environmentalmanagement in China, which is achieved throughadministrativehierarchysystemThe MEP is representing the state to fulfill the function andresponsibilityof environmental protection,and localenvironmentalprotectionbureau(EPB)representslocalgovernment to fulfill the function and responsibility ofenvironmental protection, as shown in following figure4
Institutional setup of environmental protection in China • Regional management is the main mode of environmental management in China, which is achieved through administrative hierarchy system. • The MEP is representing the state to fulfill the function and responsibility of environmental protection, and local environmental protection bureau (EPB) represents local government to fulfill the function and responsibility of environmental protection, as shown in following figure. 4
National People's Congress andStanding Committee of NPCThe NPC of the People's Republic of China is theorganization with supreme power of the State. The StandingCommittee is the permanent institution of the NPCthe NPC and its Standing Committee jointly exercise thepower to legislate and enact laws, such as the ElA Law inOctober 2002 and the“Law of People's Republic of China onthe Promotion of Circular Economy" in August 2008, etc5
National People’s Congress and Standing Committee of NPC • The NPC of the People’s Republic of China is the organization with supreme power of the State. The Standing Committee is the permanent institution of the NPC. • the NPC and its Standing Committee jointly exercise the power to legislate and enact laws, such as the EIA Law in October 2002 and the “Law of People’s Republic of China on the Promotion of Circular Economy” in August 2008, etc. 5
National People's Congress andStanding Committee of NPCThe Committee of Environmental and ResourceProtection is in charge of reviewing proposalsfor the NPC and recommending suitable andnecessary propositions to the NPC. This has greatly promoted the legislativeprocess on environment and facilitated thepromulgation of environmental protection andrelated laws.6
National People’s Congress and Standing Committee of NPC • The Committee of Environmental and Resource Protection is in charge of reviewing proposals for the NPC and recommending suitable and necessary propositions to the NPC. • This has greatly promoted the legislative process on environment and facilitated the promulgation of environmental protection and related laws. 6
Ministryof Environmental ProtectionLocal Environmental Protection AgencyAspartoftheStateCouncil,theMEP isthecentralcompetentauthorityin chargeofaffairsofenvironmental protection andmanagement,withmajorfunctionsto establishandintegrated basioenvironmental protection system,and to manage and monitorenvironmentalpollutionpreventionandcontrol
Ministry of Environmental Protection Local Environmental Protection Agency • As part of the State Council, the MEP is the central competent authority in charge of affairs of environmental protection and management, with major functions to establish and integrated basic environmental protection system, and to manage and monitor environmental pollution prevention and control. 7
The legal framework of ElA in ChinaInChina,ElAsystemisacompulsorysystemwhereElAisregulatedasa legal requirementto be compliedwith.Formorethan30 yearsthedevelopment ofthe legal systemof environmental protection inChinahas been continuously improved through practical experienceInChina,thelegalsystemofenvironmental protectionismainlycomposedoflaws,regulations,statutes,rules,environmentalstandards andinternationalcovenantsonenvironmental protection8
The legal framework of EIA in China • In China, EIA system is a compulsory system where EIA is regulated as a legal requirement to be complied with. For more than 30 years, the development of the legal system of environmental protection in China has been continuously improved through practical experience. In China, the legal system of environmental protection is mainly composed of laws, regulations, statutes, rules, environmental standards and international covenants on environmental protection. 8
The ConstitutionIt was clearly stipulated in“the Constitution of thePeople's Republic of China" (the Constitution 1982) thatprotecting the environment is one of the fundamentalnational policies of the State,andis the obligationforallnational institutions,social groups,industrial enterprisesandthepublic.9
The Constitution • It was clearly stipulated in “the Constitution of the People’s Republic of China” (the Constitution 1982) that protecting the environment is one of the fundamental national policies of the State, and is the obligation for all national institutions, social groups, industrial enterprises and the public. 9
LawsTheenvironmental protectionlawincludes basiclaw ofenvironmental protection and single law of environmentalprotection.ThebasiclawofenvironmentallawistheEPLawpromulgated in 1989, which confirmed and standardized theElAsysteminChina.10
Laws • The environmental protection law includes basic law of environmental protection and single law of environmental protection. • The basic law of environmental law is the EP Law promulgated in 1989, which confirmed and standardized the EIA system in China. 10