CHINA Law and Practice Contributed by: Rongliang Wu, Mei Wan, Qirong Huang and Xueqi Huang, Jin Mao Law Firm
4. Environmental Incidents and Permits 4.1 Investigative and Access Powers MEE and EEB investigators have the right to: • enter relevant sites for inspection, reconnaissance, voice recording, photographing, video recording and on-site sampling, monitoring and testing; • question the business entities and relevant person- nel and request them to explain relevant matters and provide relevant materials; and • review and copy production records, wastewater discharge records and other relevant documents. When facing government inspection, dishonesty or obstructing law enforcement will be fined by the EEB. 4.2 Environmental Permits/Approvals Approval of Environmental Impact Assessments According to the Environmental Impact Assessment Law and the Regulations on the Environmental Pro- tection Management of Construction Projects, con- struction projects that may cause significant or mild environmental impacts must carry out EIA and com- pile EIA reports, and obtain approval from the local EEB or the MEE. Pollutant Discharge Permits The Regulation on the Administration of Pollutant Dis- charge Permits (PDPs) officially implements regula- tions and emission standards regarding the issuance of PDPs. Pollutant-discharging industries are required to obtain a PDP or carry out emissions registration before the emissions/waste are discharged. Drainage Permits According to the Regulations on Urban Drainage and Sewage Treatment, enterprises, institutions and indi- vidual industrial and commercial households engaged in industrial, construction, catering, medical and other activities need to apply to the urban drainage authori- ties for a drainage permit if they discharge sewage into urban drainage pipelines. This permit is issued by a construction authority rather than the EEB. Drainage permits are valid for five years.
• Ocean: The Marine Environmental Protection Law and Law on the Administration of Sea Areas Use implement marine functional zoning, red-line area control and an approval system for marine outfall discharge. • Mineral resources: The Mineral Resources Law and Resource Tax Law impose resource taxes, estab- lish funds for mine geological environment restora- tion and promote the development of green mines. • Wildlife: The Wildlife Protection Law and Regula- tions on the Protection of Wild Plants develop species lists, protect habitats and prohibit illegal hunting, trapping and trading. Key Systems and Tools • Spatial planning: “Three Zones and Three Lines” restricts development outside ecological red lines. • EIA and “Three Simultaneities”: Construction projects need EIA; environmental facilities must be built/accepted with the project. • Pollutant management: Enterprises use “single permits”; total emissions are quota-controlled. • Compensation and liability: Ecological compensa- tion for key zones; those damaging ecology must compensate and restore. • Resource rights registration: Clear property rights for environmental assets to enable paid use and damage traceability. 3.2 Breaching Protections The penalties for violating the Environmental Protec- tion Law and related laws depend on the consequenc- es of the offence. If it constitutes a criminal offence, criminal liability will be pursued in accordance with the law. If it does not yet constitute a crime, it will be pun- ished in accordance with the Administrative Penalties Law and the Measures on Administrative Penalties for the Ecological Environment. (For more details, please refer to 5.1 Key Types of Liability .) According to the Civil Code, pollution of the envi- ronment and damage to the ecology are subject to tort liability. This includes stopping the infringement, removing obstructions, eliminating dangers, repairing the ecological environment, and apologising and com- pensating for damages. (For more details, please refer to 5.1 Key Types of Liability .)
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