Environmental impact assessment law should be applied, because the national people's Congress promulgated and implemented the law, and environmental protection regulations are promulgated and implemented by the State Council of the law and regulations, the former is a higher law, while the latter is a government regulation, the former is greater than the latter, should be applied first, not to mention that there is no conflict between the two, and even if there is, it is the application of the people's Congress promulgated the law, and can not be the State Council's regulations. Local regulations do not belong to the law, belongs to the regulations; provinces, autonomous regions, municipalities directly under the central people's congress and its standing committee in accordance with the specific circumstances of the administrative region and the actual needs, in different constitutions, laws, administrative regulations, under the premise of conflict, you can formulate local regulations.
Article 72 of the Law of the People's Republic of China on Legislation The people's congresses of provinces, autonomous regions, and municipalities directly under the central government and their standing committees may, in accordance with the specific conditions and practical needs of their respective administrative regions, enact local laws and regulations on the premise that they do not contravene the Constitution, laws, or administrative regulations.
The people's congresses and standing committees of cities with districts may, in accordance with the specific conditions and actual needs of the cities, enact local regulations on matters of urban and rural construction and management, environmental protection, and the protection of history and culture under the premise that they do not contravene the Constitution, laws, administrative regulations, or local regulations of the province or autonomous region, where the law otherwise provides for the enactment of local regulations by the cities with districts. Where the law provides otherwise for the enactment of local regulations by a city that has set up an area, such provisions shall apply. The local laws and regulations of a city with an area shall be submitted to the standing committee of the people's congress of the province or autonomous region for approval and shall come into force. The standing committee of the people's congress of a province or autonomous region shall examine the legality of the local regulations submitted for approval, and shall approve them within four months if they do not conflict with the Constitution, the laws, the administrative regulations and the local regulations of the province or autonomous region.
When the Standing Committee of the People's Congress of a province or autonomous region examines a local regulation of a city that has set up a district for approval, and finds that it is in conflict with the regulations of the people's government of the province or autonomous region, it shall make a decision to deal with it.
Except for cities where the people's governments of provinces and autonomous regions are located, cities where special economic zones are located, and larger cities which have been approved by the State Council, the specific steps and time for cities with districts to begin to formulate local laws and regulations shall be determined by the standing committees of the people's congresses of the provinces and autonomous regions, taking into account the population size, geographical area, economic and social development, and legislative demand and legislative capacity of the municipalities with districts under the jurisdiction of the provinces and autonomous regions. legislative needs, legislative capacity and other factors, and report them to the Standing Committee of the National People's Congress and the State Council for the record.
The people's congresses of autonomous prefectures and their standing committees may, in accordance with the provisions of the second paragraph of this article, exercise the power and authority of cities with districts to formulate local regulations. The specific steps and time for autonomous prefectures to begin enacting local regulations shall be determined in accordance with the provisions of the preceding paragraph.
Local laws and regulations already enacted by the municipalities where the people's governments of the provinces and autonomous regions are located, the municipalities where the special economic zones are located, and the larger municipalities which have been approved by the State Council, shall continue to be effective insofar as they relate to matters outside the scope of the provisions of the second paragraph of this Article.