Environmental Impact Assessment Related Laws and Regulations Wonderful Lecture Notes (VI)

Chapter VI Other Laws and Regulations on Environmental Impact Assessment

Section 1: Relevant Provisions of the Basic Law on Environmental Protection

The Basic Law - The Law of the People's Republic of China on Environmental Protection of the People's Republic of China*** and the State of China, adopted on December 26, 1989, at the Eleventh Meeting of the Standing Committee of the Seventh National People's Congress. Adopted.

I. Scope of Application and Supervision and Management of the Environmental Protection Law

1. Scope of Application (note the definition of environment)

2. Supervision and Management

"Two major features": horizontal configuration, vertical configuration

"Five Means": legal means, administrative means, economic means, educational means, technical means

3. Relevant regulations on environmental impact assessment of construction projects - "four layers of meaning"

4. Environmental quality standards and pollutant emission standards

Definition of environmental standards

The standard system consists of "three levels" and "five categories";

5. Environmental monitoring and status bulletin system

Environmental monitoring Definition; environmental monitoring report; system of environmental status bulletin

II. Provisions related to the protection and improvement of the environment

1. Environmental protection of special areas - special areas

2. Protection of the agricultural environment - the Agricultural environment

3. Protection of the marine environment

4. Urban environmental protection

3. Prevention and control of pollution and other public nuisances

1. Environmental protection responsibilities of sewage disposal units

Declaring and registering, payment of over-expenditure sewage charges and treatments

2. Legal obligations of seriously polluting units and the treatment of pollution accidents

The legal obligations of serious polluters and the handling of pollution accidents

Deadline treatment, timely treatment, timely notification

3. "Three simultaneous" management system

The environmental impact assessment system is used in the feasibility study stage of construction projects

"Three simultaneous" management system is used in After the construction project into the substantive construction stage

Section II: Pollution Prevention and Control Laws and Regulations

First, the "Water Pollution Prevention and Control Law" and its implementing regulations

1. March 20, 2000 promulgation of the "Water Pollution Prevention and Control Law Implementing Rules"

2. "Water Pollution Prevention and Control Law" applicable to the scope of supervision and management

3.

3. Protection of surface water sources of domestic drinking water

Priority protection, establishment of protected areas, the right of people's governments at or above the provincial level to delineate the protected areas of surface water sources of domestic drinking water, the delineation of levels of protected areas and the requirements for their protection, and the applicable standards of the protected areas

4. Prevention of pollution of surface water

5. Prevention of pollution of groundwater

II. The relevant provisions of the Air Pollution Control Act

China's air pollution is soot-type pollution, mainly dust and sulfur dioxide.

1. total air pollutant emission control

2. bulletin of the state of the atmospheric environmental quality, forecasting system

3. prevention and control of coal combustion produces air pollution

is an important part of China's air pollution prevention and control, the main prevention and control measures 4 points

4. prevention and control of exhaust, dust and odor pollution (industrial production)

Third, the environmental Noise Pollution Prevention and Control Law

1. Environmental noise and its pollution - definition of environmental noise pollution

2. Planning and layout to reduce noise pollution

3. Environmental impact assessment and "three simultaneous" management

4.

4. Prevention and control of industrial noise pollution

5. Prevention and control of construction noise pollution - declaration within 15 days of the commencement of construction

6. Prevention and control of transportation noise pollution

4. Relevant provisions of the Law on Prevention and Control of Environmental Pollution by Solid Wastes

Definition of Solid Wastes --Industrial solid waste, municipal garbage and related hazardous waste

1. Scope of application - placed in containers of gaseous items, substances applicable to the Act, solid waste pollution of the marine environment prevention and control and radioactive solid waste contamination of the environment Textile Department of the application of the Act

2. Principles of solid waste management - "three principles", the principle of whole-process management, the principle of classification management, the principle of responsibility of the polluter.

3. Solid waste treatment facilities and siting requirements

4. Treatment and disposal of hazardous waste

Classification and management of hazardous waste

Prohibition of the transfer of hazardous waste in transit

V. Relevant Provisions of the Marine Environmental Protection Law, the Regulations on the Administration of Preventing Pollution and Damage to the Marine Environment from Coastal Engineering and Construction Projects, and the Regulations on the Administration of the Environmental Protection of Marine Petroleum Exploration and Exploitation

5. The relevant provisions of the Management Regulations

1. Scope of application - applicable to the provisions of the territorial jurisdiction, and protective jurisdiction, i.e., causing pollution of the sea areas under the jurisdiction of our country is also applicable to the Act.

2. Marine ecological protection - marine nature reserves and special protected areas

3. Prevention and control of pollution of the marine environment by pollutants from land-based sources - approval for the setting up of outfalls into the sea, and control of special pollution sources

4. Prevention and control of pollution of the marine environment by coastal engineering construction projects

5. Prevention and control of pollution of the marine environment by marine engineering construction projects

6. Relevant Provisions of the Radioactive Pollution Prevention and Control Law

1. Scope of Application

2. Environmental Impact Assessment of Nuclear Facilities

Section 3: Protection of Natural Resources and Relevant Provisions of Other Related Laws and Regulations

I. Grassland Law, Forest Law, Wildlife Protection Law, Fisheries Law and Regulations on Nature Reserves

1. Relevant Provisions of Grassland Law - Protection of Basic Grassland and Special Grassland, Measures to Protect Grassland Ecology

2. Relevant Provisions of Forest Law --Natural Forest Reserves

3. Relevant provisions of the Wildlife Protection Law - definition of wildlife and its protection classification, protection measures

4. Relevant provisions of the Regulations on Nature Reserves

5. --Relevant provisions of the Water Law, Flood Control Law and Regulations on River Management

1. Water Law

? Article 51 Industrial water shall adopt advanced technology, techniques and equipment, increase the number of recycled water, improve the water reuse rate. The State shall gradually phase out backward, water-consuming processes, equipment and products, and the specific list shall be formulated and announced by the competent department for economic integration under the State Council in conjunction with the competent department for water administration under the State Council and the relevant departments. Producers, sellers or users in the production and operation should be in the specified time to stop the production, sale or use of listed processes, equipment and products.

2. Flood Control Law

3. Relevant Provisions of the Law on Soil and Water Conservation and the Law on Prevention and Control of Sand and Sand

1. Law on Soil and Water Conservation

2. Law on Prevention and Control of Sand and Sand

Both sides of the railroads, highways, rivers and canals within the scope of the land that has already been sandified, and the surroundings of the cities, towns, villages, factories, mines and reservoirs, the unit treatment responsibility system shall be implemented by the Local people's governments at or above the county level issued governance responsibility, the responsible unit is responsible for organizing afforestation and grass planting or other governance measures.

IV. Relevant provisions of the Land Management Law, Regulations on the Protection of Basic Farmland and Law on the Management of Sea Area Use

1. Relevant provisions of the Land Management Law

2. Regulations on the Protection of Basic Farmland

V. Relevant provisions of the Mineral Resources Law and Regulations on Prevention and Control of Geological Hazards

1. Relevant Provisions of the Mineral Resources Law

? Closure of mines

A report on the closure of the pit of the mine and information on the extraction works, unsafe hidden dangers, land reclamation and utilization, and environmental protection must be submitted for examination and approval in accordance with the state regulations.

? Provisions related to the mining of mineral resources

Article 29 The mining of mineral resources, must adopt a reasonable mining sequence, mining methods and ore dressing process. The mining recovery rate, mining depletion rate and ore dressing recovery rate of mining enterprises shall meet the design requirements.

Article 30 In the mining of the main minerals at the same time, with industrial value of *** raw and associated minerals should be unified planning, integrated mining, comprehensive utilization, to prevent waste; temporarily can not be integrated mining or must be extracted at the same time and temporarily can not be comprehensive utilization of minerals and tailings containing useful components, effective protection measures should be taken to prevent the loss of damage.

Article 31 The mining of mineral resources, must comply with national labor safety and health regulations, with the necessary conditions to ensure safe production.

Article 32 The mining of mineral resources, must comply with the relevant laws and regulations on environmental protection, to prevent pollution of the environment. Mining of mineral resources, should economize on land. Cultivated land, grasslands, woodlands damaged due to mining, mining enterprises shall take reclamation and utilization, planting trees and grasses or other utilization measures according to local conditions. Mining of mineral resources to other people's production, life caused by loss, shall be responsible for compensation, and take the necessary remedial measures.

Article 33 In the construction of railroads, factories, reservoirs, oil pipelines, power transmission lines and various large buildings or complexes before the construction unit must be located in the provinces, autonomous regions and municipalities directly under the Central Government departments in charge of geology and minerals to understand the distribution of mineral resources in the area of the proposed project and the situation of mining. Non-authorized by the State Council authorized the approval of the department, shall not override the important mineral deposits.

Article 34 The State Council provides for the unified acquisition of minerals by designated units, any other unit or individual shall not be acquired; the miner shall not sell to non-designated units.

VI. Relevant Provisions of the Cleaner Production Promotion Law and the Energy Conservation Law

1. Relevant Provisions of the Cleaner Production Promotion Law

2. Relevant Provisions of the Energy Conservation Law

? Energy conservation is a long-term strategic policy for national economic development

The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strengthen energy conservation, rationally adjust the industrial structure, enterprise structure, product structure and energy consumption structure, promote the progress of energy-saving technologies, reduce energy consumption per unit of output value and per unit of product, improve the development, processing and conversion of energy, transportation and supply, and gradually improve the efficiency of energy utilization, and promote the national economy towards energy conservation. utilization efficiency, and promote the development of the national economy towards energy conservation. The state encourages the development and utilization of new and renewable energy sources.

? Article 13 prohibits the construction of new industrial projects with outdated technology, high energy consumption and serious waste of energy. The list of prohibited new industrial projects that consume too much energy and the specific measures for implementation shall be formulated by the State Council in conjunction with the relevant departments of the State Council to manage the work of energy conservation.

? Article XVII of the State on the backward energy-consuming energy-using products and equipment to implement the phase-out system.

The elimination of excessive energy-consuming products, equipment, the list of the State Council's management of energy-saving departments in conjunction with the relevant departments of the State Council to determine and publish. Specific implementation methods shall be formulated by the State Council departments in charge of energy conservation in conjunction with the relevant departments of the State Council.

VII. Relevant Provisions of the Urban Planning Law and the Law on the Protection of Cultural Relics

1. Relevant Provisions of the Urban Planning Law

? Provisions on General Embodiment and Detailed Planning

Article 18 The preparation of urban planning is generally carried out in two stages: general embodiment and detailed planning. In order to further control and determine the land use, scope and capacity of different lots, and to coordinate the construction of various infrastructures and public **** facilities, large and medium-sized cities may, on the basis of the master plan, prepare zoning plans. Article 19 The city master plan shall include: the nature of the city, development goals and development scale, the city's main construction standards and quota indicators, the layout of urban construction land, functional zoning and the overall deployment of the construction, the city's comprehensive transportation system and rivers and lakes, the green space system, the professional planning, near-term construction planning. City and county-level people's government town of the general embodiment of the planning, should include the city or county administrative area of the town system planning. Article 20 city detailed planning should be in the city master plan or zoning plan on the basis of the city's recent construction area to make specific plans for the construction. Detailed urban planning shall include: planning the construction of the specific land area, building density and height and other control indicators, general layout, engineering pipeline integrated planning and vertical planning.

2. The relevant provisions of the Law on the Protection of Cultural Relics

? Article 19 In the protection scope and construction control zone of the cultural relics protection unit, shall not build facilities that pollute the cultural relics protection unit and its environment, and shall not carry out activities that may affect the safety of the cultural relics protection unit and its environment. Existing pollution of cultural relics protection units and their environmental facilities, should be a limited period of time.

VIII. "Medical Waste Management Regulations" "Regulations on the Safe Management of Dangerous Chemicals" of the relevant provisions

1. "Medical Waste Management Regulations" of the relevant provisions

2. "Regulations on the Safe Management of Dangerous Chemicals" of the relevant provisions