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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II PROCEDURES FOR ENVIRONMENTAL IMPACT ASSESSMENT CHAPTER III ENVIRONMENTAL PROTECTION FACILITIES CHAPTER IV PUNISHMENT RULES CHAPTER V SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. In order to strengthen the administration of the environmental protection of transport construction projects, to prevent the transport construction projects from causing bad effects to the environment, and to promote the sustainable development of the transport undertakings, the present Measures are enacted in accordance with the Law of the People's Republic of China on Environmental Impact Assessment, the Regulations on the Administration of Environmental Protection of Construction Projects, and in light of the actuality of the transport construction. Article 2. The "transport construction projects" mentioned in the present Measures shall refer to the construction projects of highways and waterways that are carried out within the People's Republic of China and that have impacts on the environment. Article 3. The Ministry of Communications shall, in accordance with the relevant laws, administrative regulations, and the present Measures, administer the environmental protection of the transport construction projects. The transport environmental protection body set up by the Ministry of Communications shall be responsible for the concrete administration of the environmental protection of transport construction projects all over the country. The departments in charge of communications of the local people's governments at the county level and above shall, in accordance with the relevant laws, administrative regulations, and the present Measures, administer the environmental protection of the transport construction projects within their respective administrative areas. The departments in charge of communications of the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government may set up the transport environmental protection bodies to be responsible for the concrete administration of the environmental protection of the transport construction projects within their respective administrative areas. Article 4. The departments in charge of communications of the people's governments at the county level and above shall bring the work of environmental protection of transport construction projects into their work plans, and shall take the economic and technological policies and measures that are conducive to the environmental protection of transport construction projects, and thus to make the environmental protection work of the transport construction projects consistent with the transport construction. Article 5. The environmental impact assessment of transport construction projects shall avoid overlapping with the environmental impact assessment in the transport construction planning, with respect to any specific transport construction project included in the transport construction planning for which the environmental impact assessment has been conducted, the contents of the environmental impact assessment of that project may be simplified. Article 6. The departments in charge of communications of the people's government at the county level and above or the transport environmental protection bodies thereof may honor and award the entities and individuals that have made outstanding achievements in the work of environmental protection of transport construction projects. CHAPTER II PROCEDURES FOR ENVIRONMENTAL IMPACT ASSESSMENT Article 7. The departments in charge of communications of the people's government at the county level and above shall carry out classified administration of the environmental protection of transport construction projects in accordance with the environmental impact assessment system and the catalogue of the construction projects subject to the classified administration of environmental protection provided for by the state. With respect to any transport construction project for which the environmental impact assessment has not been conducted pursuant to the provisions of the state, the departments in charge of communications of the people's government at the county level and above shall not make the examination and approval of its feasibility study reports and preliminary design. Article 8. A construction entity shall, at the phase of feasibility study of the transport construction project, submit for approval the construction project environmental impact assessment report, the environmental impact report form or the environmental impact registration form. Upon examination by the transport environmental protection body, and with the consent of the administrative department in charge of environmental protection which has the authority to make examination and approval, the construction entity may, before finishing the preliminary design, submit for approval the construction project environmental impact assessment report, the environmental impact report form or the environmental impact registration form. With respect to any transport construction project for which the feasibility study is not required pursuant to the relevant provisions of the state, the construction entity shall, before the start of the transport construction project, submit for approval the construction project environmental impact assessment report, the environmental impact report form or the environmental impact registration form. Article 9. The contents and format of the transport construction project environmental impact report, the environmental impact report form or the environmental impact registration form shall be in conformity with the requirements of the relevant provisions and technical criteria of the state. Where a transport construction project involves the conservation of water and soil, the environmental impact report or the environmental impact report form must contain the scheme on conservation of water and soil. Article 10. With respect to any transport construction project that shall be submitted to the administrative department in charge of environmental protection in accordance with Paragraph 1 of Article 22 of the Law of the People's Republic of China on Environmental Impact Assessment and Article 10 of the Regulations on the Administration of Environmental Protection of Construction Projects, the environmental impact report, environmental impact report form or environmental impact registration form must be submitted in advance to the department in charge of communications at the corresponding level for preliminary examination. Article 11. The department in charge of communications shall, within 30 days from receiving the transport construction project environmental impact report, or within 15 days from receiving the environmental impact report form, or within 10 days from receiving the environmental impact registration form, present the preliminary examination opinions on whether or not to grant the consent, and shall submit for examination and approval the materials to the administrative department in charge of environmental protection which has the authority to make the examination and approval pursuant to the relevant provisions. After 12. After the transport construction project environmental impact report, environmental impact report form, or environmental impact registration form has been approved, if any major alteration occurs to the nature, scale, place, and applied construction technique of the construction project, or the construction hasn't started within 5 years or more, the construction entity shall handle the formalities for submitting for approval anew. Article 13. Where a construction entity applies for preliminary examination of the transport construction project environmental impact assessment with the department in charge of communications of the people's government at the county level or above, it shall, pursuant to the provisions, submit the transport construction project environmental impact report, environmental impact report form, or environmental impact registration form that has definite construction project environmental impact assessment conclusions; where the environmental impact assessment report shall be submitted pursuant to the provisions, it shall be enclosed with the opinions of the relevant entities, experts and public, and the explanations for whether or not to adopt such opinions. Article 14. With respect to the environmental impact assessment of a transport construction project, the construction entity shall independently select an undertaking institution that is familiar with the construction technique, pollution discharge, ecological damage, and the prevention and treatment measures of the transport construction project, has the analysis ability for transport construction projects, has obtained the corresponding qualification certificate and has put on record with the department in charge of communications. The departments in charge of communications of the people's government at the county level and above may not designate any institution for the construction entities to conduct the transport construction project environmental impact assessment. Article 15. The transport construction project environmental impact assessment institutions shall undertake the services of transport construction project environmental impact assessment and be responsible for the assessment result pursuant to the relevant provisions of the state and the grade and assessment scope determined in the qualification certificate. CHAPTER III ENVIRONMENTAL PROTECTION FACILITIES Article 16. The environmental protection project supporting a transport construction project must be designed, constructed and put into use together with the principal project. Article 17. In the preliminary design of a transport construction project, sections and chapters on environmental protection shall be drawn up in accordance with the requirements of the design criteria for environmental protection and other relevant technical criteria of the transport industry, and the measures for prevention and treatment of environmental pollution and ecological damages, as well as the estimation of investment for the environment project, shall be written in the sections and chapters on environmental protection in accordance with the construction project environment impact report or the environmental impact report form that has been approved. Article 18. The transport environment protection bodies shall participate in the examination of the preliminary design of transport construction projects organized by the departments in charge of communications of the people's government at the provincial level and above pursuant to the relevant provisions. Where the sections and chapters on environmental protection are not in conformity with the provisions, the preliminary design of a transport construction project may not pass the examination of preliminary design. Article 19. Where the principal project needs to be put into trial operation after completion, the supporting environmental protection facilities must be put into trial operation at the same time with the principal project. Article 20. After a transport construction project is completed, the construction entity shall apply for examination and acceptance with the administrative department in charge of environmental protection that made the examination and approval of the environmental impact report, environmental impact report form or environmental impact registration form of that construction project, and shall at the same time report to the department in charge of communications of the people's government at the county level or above. The relevant transport environmental protection bodies shall participate in the examination and acceptance organized by the departments in charge of communications of the people's government at the provincial level and above pursuant to the provisions. Article 21. Only after the supporting environmental protection facilities needed for a transport construction project pass the examination and acceptance may that construction project be put into formal production or use. Article 22. The post assessment documents of a transport construction project shall contain the sections and chapters on environmental protection. Special post environmental assessment shall be conducted with respect to major transport construction projects, and the expenses incurred shall be included in the working fund of the construction project. CHAPTER IV PUNISHMENT RULES Article 23. If any party violates the relevant provisions of the present Measures, the transport environmental protection body may suggest the administrative department in charge of environmental protection to give administrative punishment to that party according to law. Article 24. If any functionary of the departments in charge of communications of the people's government at the county level and above, as well as of the transport environmental protection bodies thereof, in violation of these Measures and other relevant provisions of the state, abuses the powers, neglects the duties, or seeks private benefits through wrongful means, that functionary shall be given administrative sanctions according to law. CHAPTER V SUPPLEMENTARY PROVISIONS Article 25. The power to interpret the present Measures shall remain with the Ministry of Communications. Article 26. The present Measures shall be implemented as of June 1, 2003. The Measures for the Administration of Environmental Protection of Transport Construction Projects promulgated by the Ministry of Communications on June 16, 1990, shall be repealed at the same time. |
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