Regulations on the administration of environmental protection of construction projects [Decree No. 682 (2017) of the State Council of the people’s Republic of China]


Decree No

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682 of the State Council of the people’s Republic of China “decision of the State Council on Amending the regulations on the administration of environmental protection of construction projects” has been adopted at the 177th executive meeting of the State Council on June 21, 2017, is hereby promulgated and shall come into force as of October 1, 2017

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General manager Li Keqiang decision of the State Council on Amending the regulations on the administration of environmental protection of construction projects on July 16, 2017 the State Council decided to amend the regulations on the administration of environmental protection of construction projects as follows: 1

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Delete the second paragraph of Article 6

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2、 The second paragraph of Article 7 is amended as: “the catalogue of classified management of environmental impact assessment of construction projects shall be formulated and published by the competent administrative department of environmental protection under the State Council on the basis of organizing experts to carry out argumentation and soliciting opinions from relevant departments, trade associations, enterprises, institutions and the public.” 3、 Delete Article 8, paragraph 2

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4、 Article 9 and Article 10 are merged as Article 9 and amended as follows: “for a construction project that is required to prepare an environmental impact report and an environmental impact report according to law, the construction unit shall submit the environmental impact report and an environmental impact report to the competent administrative department of environmental protection with the power of examination and approval for examination and approval before the commencement of construction; the environmental impact assessment documents of the construction project have not been examined and approved according to law The construction unit shall not start construction if the approval department has examined or has not given approval after examination

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“When examining and approving the environmental impact report and the environmental impact report form, the competent administrative department of environmental protection shall focus on examining the environmental feasibility of the construction project, the reliability of the prediction and assessment of the environmental impact, the effectiveness of the environmental protection measures, and the scientificity of the conclusion of the environmental impact assessment, and shall, within 60 days from the date of receiving the environmental impact report, submit the environmental impact report form to the competent administrative department of environmental protection Within 30 days from the date of approval, the approval decision shall be made and the construction unit shall be informed in writing

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“The competent administrative department of environmental protection may organize technical institutions to conduct technical evaluation on the environmental impact report and the environmental impact report form of construction projects, and bear the corresponding expenses; the technical institutions shall be responsible for the technical evaluation opinions put forward by them, and shall not charge any fees from the construction units or units engaged in environmental impact evaluation

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“For a construction project that shall fill in the environmental impact registration form according to law, the construction unit shall, in accordance with the provisions of the competent administrative department of environmental protection under the State Council, report the environmental impact registration form to the competent administrative department of environmental protection at the county level in the place where the construction project is located for the record

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“The competent administrative department of environmental protection shall carry out online examination and approval, filing and information disclosure of environmental impact assessment documents.” 5、 Change article 11 to Article 10, and delete “or environmental impact registration form” in the article

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6、 One article is added as Article 11: “under any of the following circumstances, the competent administrative department of environmental protection shall make a decision not to approve the environmental impact report and the environmental impact report form.” (1) the type of construction project and its site selection, layout and scale do not conform to the laws and regulations of environmental protection and the relevant statutory plans

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“(2) the environment of the area where the project is located The quality of the construction project fails to meet the national or local environmental quality standards, and the measures to be taken by the construction project can not meet the management requirements of regional environmental quality improvement objectives

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“(3) the pollution control measures taken by the construction project can not ensure that the pollutant discharge meets the national and local emission standards, or the necessary measures are not taken to prevent and control ecological damage.” (4) reconstruction, expansion and technical improvement (5) the basic data of the environmental impact report and the environmental impact report of the construction project are obviously untrue, there are major defects and omissions in the contents, or the conclusion of the environmental impact assessment is not clear and reasonable

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” 7、 Article 12 is amended as: “after the approval of the environmental impact report and the environmental impact report form of the construction project, if the nature, scale, location, production technology adopted or measures for preventing pollution and ecological damage of the construction project change significantly, the construction unit shall re submit the environmental impact report and the environmental impact report form of the construction project for approval

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“If the construction project starts construction after five years from the date of approval of the environmental impact report and the environmental impact report, the environmental impact report and the environmental impact report shall be submitted to the original examination and approval department for re examination and approval

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The original examination and approval department shall, within 10 days from the date of receiving the environmental impact report and the environmental impact report form of the construction project, notify the construction unit in writing of the examination and approval opinions; if it fails to do so within the time limit, it shall be deemed that it has approved the examination and approval

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“No fee shall be charged for the examination and approval of environmental impact reports, environmental impact report forms and environmental impact registration forms for the record of construction projects.” 8、 Delete Article 13

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9、 Article 17 is changed to Article 16, which is amended as: “in the preliminary design of a construction project, the chapter of environmental protection shall be compiled in accordance with the requirements of the design norms for environmental protection, the measures for preventing and controlling environmental pollution and ecological damage shall be implemented, and the investment budget of environmental protection facilities shall be estimated

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“The construction unit shall incorporate the construction of environmental protection facilities into the construction contract, ensure the progress and funds of the construction of environmental protection facilities, and organize the implementation of the environmental protection measures proposed in the environmental impact report, the environmental impact report form and the approval decision of the approval department during the project construction.” 10、 Delete articles 18 and 19

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11、 Article 20 is changed to Article 17, which is amended as: “after the completion of a construction project that has prepared an environmental impact report or an environmental impact report, the construction unit shall, in accordance with the standards and procedures prescribed by the competent administrative department of environmental protection under the State Council, check and accept the supporting environmental protection facilities and prepare an acceptance report

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“In the process of acceptance of environmental protection facilities, construction units shall truthfully check, monitor and record the construction and commissioning of environmental protection facilities of construction projects, and shall not resort to fraud

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“The construction unit shall disclose the acceptance report to the public in accordance with the law, except in cases where confidentiality is required according to state regulations.” 12、 Delete Article 22

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13、 Article 23 is changed to Article 19, which is amended as: “for a construction project that has prepared an environmental impact report or an environmental impact report, its supporting environmental protection facilities can be put into production or use only after they have passed the acceptance; those that have not passed the acceptance or fail to pass the acceptance shall not be put into production or use

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“After the construction projects mentioned in the preceding paragraph are put into production or use, the post environmental impact assessment shall be carried out in accordance with the provisions of the competent administrative department of environmental protection under the State Council.” 14、 One article is added as Article 20: “the competent administrative department of environmental protection shall supervise and inspect the design, construction, acceptance, production or use of environmental protection facilities of construction projects, as well as the implementation of other environmental protection measures determined in relevant environmental impact assessment documents

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“The competent administrative department of environmental protection shall record the information on environmental violations related to construction projects in the social integrity archives, and disclose the list of offenders to the public in a timely manner.” 15、 Article 24 and Article 25 are merged as Article 21 and amended as follows: “if the construction unit commits any of the following acts, it shall be punished in accordance with the provisions of the Environmental Impact Assessment Law of the people’s Republic of China.” (1) the environmental impact report or environmental impact report of a construction project starts construction without approval or re examination according to law

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“(2) The environmental impact report and environmental impact report form of a construction project start construction without approval or re examination and approval

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“(3) the environmental impact registration form of a construction project is not put on record according to law.

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