Law of the Peoples Republic of China on Evaluation of Environmental Effects中华人民共和国环境影响评价法

ation and approval authority； and once it discovers obvious adverse effects on the environment， it shall put forth measures for improvement.

　　Chapter Ⅲ Evaluation of Environmental Effects of Construction Projects

　　Article 16 On the basis of the extent of the effects exerted on the environment by construction projects， the State exercises， in a classified manner， control over the evaluation of the effects of construction projects on the environment.

　　A construction unit shall， in accordance with the following provisions， make arrangements for preparing a written report on the environmental effects or a statement on such effects or filling out a registration form of environmental effects （hereinafter referred to as the document for evaluation of environmental effects， in general）：

　　（1）where considerable effects may be exerted on the environment， preparing a written report on environmental effects， in which a comprehensive evaluation of the effects on the environment shall be made；

　　（2）where mild effects may be exerted on the environment， preparing a statement on the effects， in which an analyses or special evaluation of the effects shall be made； or

　　（3）where the effects on the environment are very little and therefore it is not necessary to make an evaluation of them， filling out a registration form of environmental effects.

　　A classified catalogue for control over the evaluation of the environmental effects of construction projects shall be worked out and published by the competent administrative department for environment protection under the State Council.

　　Article 17 The written report on the evaluation of the environmental effects of a construction project shall include the following：

　　（1）a brief introduction to the construct project；

　　（2）the existing environment of the construction project；

　　（3）an analyses， prediction and assessment of effects that the construction project may exert on the environment；

　　（4）protective measures for the environment of the construction project and technical and economic demonstrations

of the measures；

　　（5） analyses of the economic losses and benefits by the construction project to the environmental effects；

　　（6）a proposal for monitoring the environment of the construction project； and

　　（7）a conclusion on the evaluation of environmental effects.

　　With respect to a construction project that has a bearing on soil and water conservation， an additional plan for soil and water conservation that has been examined and approved by the competent administrative department for water is essential.

　　The contents and forms of the statement on and registration form of environmental effects shall be worked out by the competent administrative department for environment protection under the State Council.

　　Article 18 Attention shall be paid to avoiding repetition of the evaluation of the environmental effects of a construction project in the evaluation of the environmental effects of plan.

　　With respect to a plan which is part of an integrated construction project， for which an evaluation of the environmental effects exerted by the construction project shall be made， no evaluation of such effects of the plan is required.

　　The construction unit may simplify the evaluation of the environmental effects exerted by the specific construction projects contained in the plan， the environmental effects of which have already been evaluated.

　　Article 19 The institutions to be entrusted with the provision of technical services for evaluation of the environmental effects of construction projects shall be the ones which are considered qualified after appraisal and examination by the competent administrative department for environment protection under the State Council， to which the said department has issued qualification certificates， which provide services for evaluation of environmental effects in conformity with their grade and within the scope of evaluation as specified in their qualification certificates， and which are responsible for the conclusion they made on the evaluation. The qualifications and administration measures regarding the institutions that provide technical services for evaluation of environmental effects of construction projects shall be worked out by the competent administrative department for environment protection under the State Council.

　　The competent administrative department for environment protection under the State Council shall publish the name list of the institutions providing technical services for evaluation of the environmental effects of construction projects that have obtained qualification certificates.

　　No institutions providing technical services for evaluation of the environmental effects of construction projects may have any relations of interest with the competent administrative department for environment protection that is in charge of examination and approval of the document for evaluation of environmental effects or the relevant examination and approval departments.

　　Article 20 Among the documents for evaluation of environmental effects， the forms of written reports or statements on environmental effects shall be designed by the institutions with the appropriate qualifications for evaluation of environmental effects.

　　No units or individuals may designate any institution to evaluate for a construction unit the environmental effects of construction projects.

　　Article 21 Except where secrets need to be guarded， as required by State regulations， the unit of the construction project which may cause considerable effects on the environment and for which a written report on environmental effects is required to be prepared shall， before submitting for examination and approval， the report on the environmental effects of the construction project， hold demonstration meetings or hearings， or solicit in other forms the comments and suggestions from relevant units， specialists and

the public on the written report.

　　The construction unit shall attach its explanations on why it adopts or rejects the comments and suggestions put forward by the relevant units， specialists and the public to the written report submitted for approval.

　　Article 22 The document for evaluation of evaluation of the environmental effects of a construction project shall， in accordance with the regulations of the State Council， be submitted by the construction unit for examination and approval to the competent administrative department for environment protection that has the power of examination and approval； where the construction project is subordinated to the competent department of its trade， the written report or the statement on its environmental effects shall， after preliminary examination by the said department， be submitted for examination and approval to the competent administrative department for environment protection that has the power of examination and approval.

　　The written report on marine environmental effects of a marine engineering project shall be examined and approved in accordance with the provisions of the Marine Environment Protection Law of the People's Republic of China.

　　The examination and approval department shall within 60 days form the date it receives a written report on environmental effects， or within 30 days from the date it receives a statement on environmental effects， or within 15 days from the date it receives a registration form of environmental effects， respectively make a decision after examination， and inform the construction unit of its decision in writing.

　　No fees whatever may be collected for preliminary examination， examination and verification， or examination and approval of the document for evaluation of the environmental effects of a construction project.

　　Article 23 The competent administrative department for environment protection under the State Council shall be in charge of examination and approval of the following documents for evaluation of the environmental effects of construction projects：

　　（1）construction projects of a special nature， such as such as unclear institutions and most confidential projects；

　　（2）construction projects spanning administrative regions of provinces， autonomous regions or municipalities directly under the Central Government； and

　　（3）construction projects subject to examination and approved by the State Council or by the relevant department authorized by the State Council.

　　The limits of power for examination and approval of the documents for evaluation of the environmental effects of construction projects， other than the ones specified in the preceding paragraph， shall be defined by the people's governments of provinces， autonomous regions or municipalities directly under the Central Government.

　　Where the relevant competent administrative departments for environment protection disagree with each other over the conclusion on evaluation of the environmental effects of the construction project that may cause adverse environmental effects over administrative regions， the document for evaluation of the environmental effects shall be submitted for examination and approval to their common competent administrative department for environment protection at the next higher level.

　　Article 24 Where， after the document for evaluation of the environmental effects of a construction project is approved， major changes are made in the nature， scale and location of the construction project， in the production techniques adopted， or in the measures taken for prevention and

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