"Regulations on the Prevention and Control of Pollution Damage to the Marine Environment from Marine Engineering Construction Projects", "Marine Environmental Protection Law of the People's Republic of China", and "Environmental Impact Assessment Law of the People's Republic of China"
p>Article 1 is to strengthen the management of environmental impact assessment of marine projects. According to the "Marine Environmental Protection Law of the People's Republic of China", The "Environmental Impact Assessment Law of the People's Republic of China" formulates these regulations.
Article 2 These regulations shall apply to marine engineering construction activities within the waters under the jurisdiction of the People’s Republic of China.
Article 3 The construction unit of a marine project (hereinafter referred to as the construction unit) shall, during the feasibility study stage, prepare an environmental impact report (form) in accordance with the "Technical Guidelines for Environmental Impact Assessment of Marine Projects" and submit the Approval shall be made by the marine administrative department with the authority of approval (hereinafter referred to as the approving department).
Article 4 The national marine administrative department is responsible for approving the following marine project environmental impact reports (hereinafter referred to as "reports"):
(1) Approval by the State Council or relevant departments authorized by the State Council Marine projects approved for project approval;
(2) Marine projects of special nature involving national maritime rights and interests, national defense security, nuclear facilities, etc.;
(3) Marine oil and gas mineral resources exploration and development, marine Solid mineral resources exploration and development projects;
(4) Reclamation projects of more than 50 hectares, and sea reclamation projects of more than 100 hectares;
(5) Marine projects for the development and utilization of marine energy ;
(6) Marine projects that require approval to adjust marine functional zoning;
(7) Other marine projects that require approval by the national marine authorities.
Marine engineering reports (forms) other than those specified in the preceding paragraph shall be approved by the marine competent authorities below the provincial level.
If a marine project may cause cross-regional environmental impacts, or if the relevant marine authorities have disputes with the conclusions of the environmental impact assessment, the report (form) shall be approved by the corresponding superior marine authority. .
Before approving a report (form), the marine administrative department must seek the opinions of the maritime and fishery administrative departments at the same level and the military environmental protection department, and organize on-site inspections if necessary.
The marine administrative department shall submit the approved report (form) to the environmental protection administrative department at the same level for record.
Article 5 Units engaged in environmental impact assessment of marine projects must obtain an environmental assessment qualification certificate issued by the state and be responsible for the environmental assessment conclusions.
Survey and monitoring data such as history and current situation used for environmental impact assessment should be provided by monitoring agencies with corresponding qualifications.
Article 6 For a project that prepares an environmental impact report form, the approval department shall make a decision on whether to approve it within 20 working days from the date of receipt of the application documents, environmental impact report form and other relevant materials.
Article 7 For projects for which a report should be prepared, an environmental impact assessment outline (hereinafter referred to as the "outline") must first be prepared and submitted to the marine competent authority with approval authority for review.
Article 8 The marine administrative department shall invite relevant experts to review the outline within 15 working days from the date of receipt of the review application, and solicit opinions from the fishery and maritime administrative departments at the same level and the military environmental protection department. Opinion.
Review may take the form of review meeting, letter review or other forms. If the review is conducted in the form of a review meeting, an expert review team shall be composed of no less than five odd experts including marine chemistry, marine hydrology, marine biology, marine geology, etc., who shall issue expert review opinions and sign the expert review opinions of the review meeting. Sign the form and be responsible for the review comments.
Article 9 The construction unit shall submit two copies of the revised outline for approval together with the documents to the approving department for record, and attach a description of whether to adopt or not adopt the opinions of experts and departments, and at the same time copy Report to the fishery and maritime authorities and the military environmental protection department.
If the approval department has objections to the contents of the outline, it shall put forward handling opinions and notify the construction unit in writing within 20 working days from the date of receipt of the filing documents. If no handling opinions are provided within the time limit, it will be deemed to be consent, and the construction unit can prepare the report in accordance with the outline for reporting and filing.
If it is necessary to supplement relevant materials, the construction unit should be notified immediately, and the filing time will be recalculated from the date of receipt of the supplementary materials.
Article 10 When submitting a report, the construction unit shall submit four copies of the report for review together with the application documents to the approval department. If there is an industry competent department, a copy shall be submitted to the industry competent department at the same time.
Article 11 The approval department shall organize a review meeting within 15 working days from the date of receipt of the application to listen to the opinions of relevant experts and the fishery and maritime authorities at the same level and the military environmental protection department. Representatives from relevant provincial and municipal marine authorities are invited to participate.
Article 12 The fishery and maritime authorities and the military environmental protection department shall fill in the "Department Soliciting Form for Environmental Impact Report of Marine Engineering Construction Projects" and stamp it with the official seal of the unit. Self-assessment meeting or pre-examination meeting Feedback to the approval department within 5 working days after completion. If no feedback is given within the time limit, it will be deemed as no feedback.
Article 13 The construction unit shall submit the revised report in triplicate together with the approval documents to the approving department with instructions on whether to adopt or not adopt the opinions of experts and departments, and send a copy to the Fisheries, maritime authorities and military environmental protection departments.
The fishery and maritime authorities and the military environmental protection department shall provide feedback on the report to the approving department within 10 working days from the date of receipt of the draft report for approval. Overdue opinions will be deemed to be no comments.
Article 14 When the construction unit submits the draft report to the approval department, it shall also send a copy to the next-level marine administrative department of the approval department.
The next-level marine administrative department shall submit preliminary review opinions to the approval department within 10 working days from the date of receipt of the construction unit’s report and approval documents.
Article 15 The approval department shall make a decision on whether to approve the report and notify the construction unit in writing within 60 working days from the date of receipt of the report.
Article 16 If a marine engineering project has not started construction more than 5 years since the date of approval of the environmental impact report (form), the construction unit shall submit the originally approved report (form) before starting construction. ) shall be resubmitted to the original approving department for approval.
The original approval department shall notify the construction unit in writing of the review opinions within 10 working days from the date of receipt of the application and report (form) requesting re-review. Failure to notify within the time limit shall be deemed as review approval. .
Article 17 After the environmental impact report (form) of a marine engineering project is approved, if there are major changes in the nature, scale, location, production process or environmental protection measures to be taken, the construction The unit shall prepare a new environmental impact report (form) and submit it to the original approval authority for approval.
Article 18 The approval of environmental impact reports (forms) for marine engineering projects shall be subject to a regular filing system, which shall be filed every six months.
Local marine authorities at all levels should report the approval status of environmental impact reports (forms), including environmental impact reports (forms) and expert review opinions, before mid-July and mid-January each year. , approval opinions, etc. shall be reported to the superior marine administrative department for record.
Provincial-level marine authorities should summarize the approval status of the environmental impact reports (forms) of their subordinate marine authorities before the end of July and January each year and submit them to the State Oceanic Administration.
Article 19 The review of the coastal engineering construction project report (form) shall be the responsibility of the marine administrative department at the same level as the environmental protection administrative department that approved the project report.
The marine administrative department shall provide review opinions and notify the construction unit in writing within 20 days from the date of receipt of the application materials. Specific procedures may be implemented with reference to these regulations.
Article 20 The environmental impact assessment of offshore oil exploration and development projects shall be carried out in accordance with the "Management Procedures for Environmental Impact Assessment of Offshore Oil Development Projects".
Article 21 These regulations will come into effect on December 1, 2004.