中华人民共和国环境影响评价法(英文版).doc

本英文版为内部资料，仅供参考，以中文版为准。 The Chinese version of standards has precedence to their English translations which are only for internal reference. 中华人民共和国环境影响评价法 （2002年10月28日已由中华人民共和国第九届全国人民代表大会 常务委员会第三十次会议通过2002年10月28日中华人民共和国 主席令第77号公布，自2003年9月1日起施行）。 Law of the People¢s Republic of China on Environmental Impact Assessment （The Law of the People’s Republic of China on Environmental Impact Assessment was adopted at the 30th Meeting of the Standing Committee of the Ninth National People’s Congress on October 28, 2002, and is hereby promulgated with the Order No. 77 of Chairman of the People’s Republic of China, which shall be put into effect as of September 1, 2003. ） Law of the People¢s Republic of China on Environmental Impact Assessment Chapter I General Provisions Article 1 This Law is formulated for the purpose of implementing the strategy of sustainable development, preventing adverse impact on the environment due to execution of plans and construction projects, and facilitating the coordinated development of the economy, the society and the environment. Article 2 “Environmental impact assessment” as used in this Law refers to the method and system for conducting analysis, prediction and assessment on the environmental impact that might arise from implementation of plans and construction projects, putting forward countermeasures and measures for preventing or alleviating adverse environmental impact, and performing follow-up monitoring. Article 3 Development of plans as defined in Article 9 of this Law and construction of projects that have environmental impact within the territory of the People’s Republic of China and other sea areas under the jurisdiction of the People’s Republic of China shall be subject to environmental impact assessment according to this Law. Article 4 Environment impact assessment must be objective, open and impartial, taking into comprehensive consideration the impact on all the various environmental factors and the ecological system constituted thereby that might result from implementation of plans and construction projects, thus providing scientific basis for decision making. Article 5 The State shall encourage relevant units, experts and the public to participate in environmental impact assessment by proper means. Article 6 The State shall strengthen the construction of the basic database and assessment index system for environmental impact assessment, encourage and support the scientific study on the methods and technical codes for environmental impact assessment, establish necessary information sharing system for environmental impact assessment and raise the scientificalness of environmental impact assessment. The competent department of environmental protection administration under the State Council shall organize to establish and improve the basic database and assessment index system for environmental impact assessment in conjunction with relevant departments under the State Council. Chapter II Environmental Impact Assessment For Plans Article 7 Competent departments under the State Council, the local people’s government at or above the city level with establishment of districts and their competent departments shall organize environmental impact assessment and compile the division or notes about environment impact in their developed land utilization related plans and the plans for construction, exploitation and utilization of areas, drainage basins and sea areas. The environmental impact division or notes of the plan shall make analysis, prediction and assessment on the environment impact that might arise from implementation of the plan and put forward countermeasures and measures for preventing or alleviating adverse environmental impact, as an integral part of the draft plan for submitting to the approval authorities of the plan. The approval authorities shall not grant approval to draft plans without the division or notes concerning environmental impact developed. Article 8 Competent departments under the State Council, the local people’s government at or above the city level with establishment of districts and their competent departments, while organizing the compilation of relevant special plans for industry, agriculture, animal husbandry, forestry, energy resources, water conservancy, traffic, urban construction, tourism and natural resource exploitation (hereinafter referred to as Special Plans), shall organize environmental impact assessment before submitting the draft special plans for approval, and submit the environmental impact report to the authorities responsible for approval of the special plans. The directive plan in the special plans as listed in the preceding clause shall be subject to environmental impact assessment according to Article 7 of this Law. Article 9 The specific scope of plans subject to environmental impact assessment pursuan