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MEASURES OF REVIEWING ENVIRONMENTAL IMPACT OF SPECIAL PLANNING REPORT
 
(Order of the State Environmental Protection Administration (No. 18), October 8, 2003: The "Measures of Reviewing on Environmental Impact of Special Planning Report", which was formulated in accordance with the "Law of the People's Republic of China on Environmental Impact Assessment", are hereby promulgated, and shall come into force on the date of promulgation)
     
     
SUBJECT : ADMINISTRATIVE MEASURES; ENVIRONMENTAL IMPACT OF SPECIAL PLANNING REPORT
ISSUING DEPARTMENT : STATE ENVIRONMENTAL PROTECTION ADMINISTRATION
ISSUE DATE : 10/08/2003
IMPLEMENT DATE : 10/08/2003
LENGTH : 728 words
TEXT :
Article 1. The present Measures are formulated in accordance with the "Law of the People's Republic of China on Environmental Impact Assessment" with a view to regulating the review of written reports on environmental impact of special planning, and guaranteeing the objectivity and impartiality of the review.


Article 2. A written report on environmental impact of special planning that meets the following conditions shall be reviewed in accordance with the present Measures:

(1) It is listed into the scope of environmental impact assessment prescribed by the State Council; and

(2) It is to be lawfully reviewed and approved by the relevant department of the people's government at the provincial level or above.


Article 3. The review of a written report on environmental impact of special planning must be objective, public and impartial. The impacts which might be caused to various environmental factors and the ecological system composed of them after the carrying-out of the special planning shall be comprehensively considered from the angles of economic, social and environmental sustainable developments.


Article 4. The organ for working out a special planning shall, when submitting the draft of the special planning for approval, submit the written report on environmental impact along with the said draft to the approval organ. The approval organ of the special planning shall, before making the decision on reviewing the special planning draft, submit the written report on environmental impact of special planning to the administrative department of environmental protection at the same level, which shall, jointly with the approval organ for special planning, review the written report on environmental impact.


Article 5. The administrative department of environmental protection shall, within 30 days as of receiving the written report on environmental impact of special planning, convene jointly with the approval organ for special planning the representatives and experts of the relevant departments to form a review team. The review team shall review the written report on environmental impact of special planning and render its written opinions for the review.


Article 6. The experts of the review team shall be determined by means of random sampling from the name list of the relevant professional experts in the database of experts for assessment and review of environmental impact, which was established prescribed by the administrative department of environmental protection under the State Council. The number of experts shall be no less than half of the total number of the members in the review team.


Article 7. The opinions for review shall include the following contents:

(1) the rationality and accuracy of the analysis and forecast on the impact that might be caused to the environment due to the carrying-out of the special planning;

(2) the feasibility, effectiveness and adjustment suggestions on the countermeasures and measures for preventing or mitigating bad environmental impacts;

(3) the basic assessment on the written assessment report on and assessment conclusion from the environmental impact of the special planning; and

(4) the overall assessment and improvement suggestions on the rationality and feasibility of the special planning from the angles of economic, social and environmental sustainable developments.

The opinions for review shall truthfully and objectively record the opinions of the experts, and be signed by the experts.


Article 8. The administrative department of environmental protection shall, within 10 days as of the day when the review team renders its written opinions for review, submit the opinions to the approval organ for special planning.

The approval organ for special planning shall regard the conclusion of the written report on environmental impact and the opinions for review as the important basis for making decisions. If a written report on environmental impact of special planning has not been reviewed, the approval organ for special planning shall not approve the special planning. If the opinions for review are not adopted in the approval, indications shall be given concerning this, and the opinions shall be kept in file for future reference.


Article 9. The expenses needed in the review of the written reports on environmental impact of special planning shall be listed and paid from the expenses for working out the written reports on environmental impact of special planning.


Article 10. The written reports on environmental impact of special planning that are confidential prescribed by the state shall be reviewed in accordance with the relevant provisions.


Article 11. The present Measures shall come into force on the date of promulgation.
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