9.3 Management Instruments
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departments and prefectural and county governments, reviewed by provincial governments, and submitted to the State Council for approval. The plan for cross-county
river basins in a province is compiled by the provincial environmental protection
department with the provincial water department, approved by the provincial government, and reported to the State Council for recording. The local governments shall
formulate regional water pollution control plans according to approved river basin
plans (Article 16).
9.3.3 EIA and “Three-Simultaneous” for Construction
Project
The EIA is a system for analysis, forecasting, and assessing the possible environmental impact of a plan or construction project, and it develops countermeasures to
prevent or alleviate negative effects. China introduced EIA quite early in the 1979
Environmental Protection Law (trail). In 2002, the Standing Committee of NPC
issued the EIA Law.
Article 16 of the EIA Law stipulates that the EIA of construction projects is
classified according to environmental impact. The following requirements must be
observed: (1) the EIA report shall be compiled to fully assess environmental impact,
if significant; (2) the EIA reporting form shall be compiled to analyze environmental
impact or conduct special assessments; and (3) the EIA registration form shall be
filled in if environmental impacts may be minor and not significant enough to conduct
an EIA.
Therefore, Article 19 of the 2017 Water Pollution Control Law requires that the
new and reconstruction projects as well as expansions and other water facilities
directly or indirectly discharging pollutants into water bodies must conduct EIA. If
related to new, rebuilding and expanding discharge outlets to waters, construction
requires approval from water departments or RBOs (until now, legislation related
to the 2018 governmental restructure has not been amended.). If related to navigation or fishery waters, EPAD shall solicit opinions from transportation and fishery
departments when approving the EIA document.
In China, EIA is a mandatory legal system to evaluate project construction. Only
after the approval of the pertinent EIA document can a project be constructed.
At the same time, in order to promote pollution control, Article 19 of 2017 Water
Pollution Control Law requires that the design, construction, and operation of the
water pollution control facility shall occur simultaneously with the main structure
(three-simultaneous). If the pollution control facility does not pass through the examination of EPAD, the construction project cannot occur. Additionally, the pollution
control facility must meet the requirements of the EIA document.
211
departments and prefectural and county governments, reviewed by provincial governments, and submitted to the State Council for approval. The plan for cross-county
river basins in a province is compiled by the provincial environmental protection
department with the provincial water department, approved by the provincial government, and reported to the State Council for recording. The local governments shall
formulate regional water pollution control plans according to approved river basin
plans (Article 16).
9.3.3 EIA and “Three-Simultaneous” for Construction
Project
The EIA is a system for analysis, forecasting, and assessing the possible environmental impact of a plan or construction project, and it develops countermeasures to
prevent or alleviate negative effects. China introduced EIA quite early in the 1979
Environmental Protection Law (trail). In 2002, the Standing Committee of NPC
issued the EIA Law.
Article 16 of the EIA Law stipulates that the EIA of construction projects is
classified according to environmental impact. The following requirements must be
observed: (1) the EIA report shall be compiled to fully assess environmental impact,
if significant; (2) the EIA reporting form shall be compiled to analyze environmental
impact or conduct special assessments; and (3) the EIA registration form shall be
filled in if environmental impacts may be minor and not significant enough to conduct
an EIA.
Therefore, Article 19 of the 2017 Water Pollution Control Law requires that the
new and reconstruction projects as well as expansions and other water facilities
directly or indirectly discharging pollutants into water bodies must conduct EIA. If
related to new, rebuilding and expanding discharge outlets to waters, construction
requires approval from water departments or RBOs (until now, legislation related
to the 2018 governmental restructure has not been amended.). If related to navigation or fishery waters, EPAD shall solicit opinions from transportation and fishery
departments when approving the EIA document.
In China, EIA is a mandatory legal system to evaluate project construction. Only
after the approval of the pertinent EIA document can a project be constructed.
At the same time, in order to promote pollution control, Article 19 of 2017 Water
Pollution Control Law requires that the design, construction, and operation of the
water pollution control facility shall occur simultaneously with the main structure
(three-simultaneous). If the pollution control facility does not pass through the examination of EPAD, the construction project cannot occur. Additionally, the pollution
control facility must meet the requirements of the EIA document.