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

control of pollution and for prevention of damage of the ecology， the construction unit shall submit a new document for evaluation of the environmental effects of the construction project for examination and approval.

　　Where decision is made for starting construction of a project more th

an five years following the date the document for evaluation of the environmental effects is approved， the said document shall be submitted to the original examination and approval department for examination and verification anew； the said department shall， within 10 days from the date it receives the document for evaluation of the environmental effects of the construction project， inform the construction unit of the result of the examination and verification in writing.

　　Article 25 Where the document for evaluation of the environmental effects of a construction project is not examined， or is examined but not approved， by the examination and approval department specified by law， the department for examination and approval of the said project shall not be allowed to approve construction of the project and the construction unit shall not be allowed to start construction.

　　Article 26 In the process of construction of a project， the construction unit shall simultaneously implement the measures for protection of the environment contained in the comments and suggestions put forth by the examination and approval department when examining and approving the written report or statement on the environmental effects and the document for evaluation of the environmental effects.

　　Article 27 Where， in the process of construction and operation of a project， things inconsistent with what is stated in the examined and approved document for evaluation of environmental effects occur， the construction unit shall make arrangements for post-evaluation of the environmental effects and take measures for improvements， and submit a report to the department for original examination and approval of the document for evaluation of environmental effects and to the original department for examination and approval of the construction project for the record； and the original department for examination and approval of the document for evaluation of environmental effects may also instruct the construction unit to make post-evaluation of the environmental effects and to take measures for improvements.

　　Article 28 The competent administrative department for environment protection shall conduct follow-up inspection of the environmental effects caused after a construction project is put into production or use. Where serious pollution is caused to the environment or damage is caused to the ecology， the causes shall be causes shall be ascertained and the responsibility shall be investigated. here it is because the document for evaluation of the environmental effects drawn up by the institution providing technical services for evaluation of the environmental effects of construction projects is untrue， its legal responsibility shall be investigated in accordance with the provisions of Article 33 of this Law； and where it is because the staff member of the examination and approval department approves the said document due to his negligence or dereliction of duty， which according to law he should not have approved， his legal responsibility shall be investigated in accordance with the provisions of Article 35 of this Law.

　　Chapter Ⅳ Legal Responsibility

　　Article 29 Where the department in charge of drawing up plans， in violation of the provisions of this Law， practices fraud or negligence of duty when making arrangements for evaluation of environmental effects， so that the evaluation of the environmental effects is e/seriously inconsistent with the facts， the persons directly in charge and the other persons directly responsible shall， according to law， be given administrative sanctions by the authority at a higher level or by the supervisory authority.

　　Article 30 Where the authority for examination and approval of plans， in violation of law， approves a draft plan， in which a chapter or an explanation on environmental effects required by law is not contained， or a special draft plan， to which a written report on

environmental effects should be attached， as required by law， but is not attached， the persons directly in charge and the other persons directly responsible shall， according to law， be given administrative sanctions be the authority at a higher level or the supervisory authority.

　　Article 31 Where a construction unit starts construction before submitting the document for evaluation of the environmental effects of a construction project for approval， as is required by law， or before submitting a new document for approval or submitting the document for examination and verification anew， as is required by the provisions of Article 24 of this Law， the competent administrative department for environment protection that has the power to examine and approve the document for evaluation of the environmental effects of the said project shall instruct the construction unit to stop construction and to go through formalities within a time limit； if it fails to do so at the expiration of the time limit， it may be fined not less than RMB 50，000yuan but not more than 200，000yuan， and the persons directly in charge of the construction unit and the other persons directly responsible shall， according to law， be given administrative sanctions.

　　Where a construction u nit starts construction when the document for evaluation of the environmental effects of a construction project is not approved or is not examined， verified， and approved anew by the original examination and approval department， the competent administrative department for environment protection that has the power to examine and approve the document for evaluation of the environmental effects of the said project shall instruct the construction unit to stop construction； it may be fined not less than 50，000yuan but not more than 200，000yuan； and the persons directly in charge of the construction unit and the other persons directly responsible shall， according to law， be given administrative sanctions.

　　Where a construction unit of a marine engineering project commits the illegal acts mentioned in the preceding two paragraphs， it shall be punished in accordance with the provisions in the Marine Environment Protection Law of the People's Republic of China.

　　Article 32 Where the examination and approval department approves construction of a project， the environmental effects of which are not evaluated as required by law， or the document for evaluation of the environmental effects of which is not approved according to law， the persons directly in charge and the other persons directly responsible shall， according to law， be given administrative sanctions by the authority at a higher level or by the supervisory authority； and if a crime is constituted， criminal responsibility shall be investigated according to law.

　　Article 33 Where the institution entrusted with the provision of technical services for evaluation of the environmental effects of a construction project is not responsible for or practices fraud， in the evaluation of the environmental effects， so that the document for such evaluation is inconsistent with the facts， the competent administrative department for environment protection which confers on it the qualification for evaluation of environmental effects， shall lower its grade of qualification or revoke its qualification certificate， and impose a fine of not less than the amount， but not more than three times the amount， of the fees it collects for the services； if a crime is constituted， criminal responsibility shall be investigated according to law.

　　Article 34 Where the department in charge of preliminary examination， examination and verification， or examination and approval of the documents for evaluation of the environmental effects of construction projects collects fees for examination and approval， the authority at the next higher level or the supervisory authority shall instruct it to return the fees； and if the c

ircumstances are serious， the persons directly in charge and the other persons directly responsible shall， according to law， be given administrative sanctions.

　　Article 35 Where staff members of the competent administrative department for environment protection an other departments， engaging in malpractices for personal gains， abusing their powers， or neglecting their duties， approve the documents for evaluation of the environmental effects of construction projects in violation of law， they shall， according to law， be given administrative sanctions； and if a crime is constituted， criminal responsibility shall be investigated according to law.

　　Chapter Ⅴ Supplementary Provisions

　　Article 36 People's governments of provinces， autonomous regions or municipalities directly under the Central Government in the light of local conditions， may require that environmental effects be evaluated in respect of the plans drawn up by people's governments at the county level under their respective jurisdiction. Specific measures in this regard shall be worked out by the provinces， autonomous regions and municipalities directly under the Central Government in reference to the provisions in Chapter II of this Law.

　　Article 37 Measures for evaluation of the environmental effects of construction projects of military installations shall be worked out by the Central Military Commission of the People's Republic of China in accordance with the principles of this Law.

　　Article 38 This Law shall go into effect as of September 1，200

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