Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu 中国海洋大学 Ocean University of China Chinese Environmental & Natural Resources

Chinese Environmental & Natural Resources Law

Ocean University of China, Xiangmin Xu

中国海洋大学Ocean University of China


Xiangmin Xu



Chapter 4 – Basic Legal Systems in Chinese Environmental Law

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Main Topics of Chapter 4

Environment and Natural Resources Planning

System

Pollution Prevention System

Banning and Restriction System

Environment Economic System

Environmental Protection Encouraging System

Environment Treatment and Curing System




• 4.1 Environment and Natural Resources Planning System– Environment and natural resources planning system is an

integrated planning in time and space for the development, usage and protection of environment and natural resources, based on the environmental and natural resources’ condition

and social development need of a nation or a specific area.

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• 4.1 Environment and Natural Resources Planning System– History of environment protection: pollution control→integrated

management

– It is a way to best coordinate the economic development and environmental protection

– Improper planning can cause great harm to both environment and human health.

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– Environment and natural resources planning can be divided into three categories

• National land planning

– National land planning is an integrated strategic planning for the exploitation, usage and comprehensive regulation of national land.

– It is a total arrangement for exploitation, population, production, city and country layout, transportation, communication, energy, water resources, major infrastructure construction and environmental improvement targets.

– Law: Land Management Law, City and Rural Area Planning Law








• Environmental Protection Planning

– Environmental Protection Planning is the planning that enacted to fulfill a certain kind of targets on control and prevention of pollution and on the protection of ecological environment.

– No legal enforcement for people outside of administrative organs.








• Natural Resource Planning

– Natural Resource Planning is made for the proper usage,

exploitation and protection of natural resources.

– Legal Enforcement




• 4.2 Pollution Prevention System – Environmental Impact Assessment

• It is an analysis, pre-evaluation of the environmental impact

of construction projects and strategic planning. Suggestions

and measures on how to prevent or mitigate the

environmental impact will be provided.

• The scope of EIA includes construction projects and strategic

planning which have environmental impact.

• In China, only after Environmental Protection Bureau

approves EIA report, the planning department can approve

the construction plan.




• 2005 Summer Palace Incident




– The “Three Simultaneous” System • It requires that the design, construction, and operation of any

required pollution control technologies or systems (as determined through the EIA process) must be completed at the same time as the design, construction, and operation of the project components.




– The “Three Simultaneous” System

• The three simultaneous system requires:

– (1) during the designing phase of the project, environmental

protection must be taken into account as a chapter in designing

plan of the construction;

– (2) Environmental protection facilities must be put in trail use

together with the major project;

– (3) After the project completed, the project can be put in formal

use only after the environmental facility s been examined and

approved by environmental protection administration;

– (4) The pollution prevention and control facility can not be

removed or stored in shelf after the project completed.




• 4.3 Banning and Restriction System– Environmental Standard System

• Environmental standards is a kind of technical specifications, which prescribe the quantity of pollutants in the environment and quantity, concentration, time and rate of pollutants that source of pollution discharged, in accordance with the policies and regulations of the state of the environment, considering the characteristics of natural environment, socio-economic conditions and the level of science and technology.

• In China, environmental standards are divided into three categories: national standard, local standard and Ministry of Environmental Protection standard.





• Environmental quality standard is the maximum concentration of different pollutants that are allowed in a certain area with limited times.

• Environmental quality standard is the basis of the pollutant emission standards

• Pollutant discharge standards set the concrete responsibility for people who discharge pollutant.





• National Environmental Protection administration has

responsibility to enact national environmental quality

standard and discharge standard. Local authority can enact

local quality standards on certain pollutants which are not

covered by national standards. They also can enact local

discharge standards which is stricter than national ones or

local discharge standards on certain pollutants which are not

covered by national standards.




• 4.3 Banning and Restriction System– Environment Permit System

• Environmental protection administration has the right to issue permit to citizens, enterprises or other organizations to carry out activities related to ecological environment or exploitation of resources, based on the application from individuals and organizations.

• China’s permit system generated from total pollution control system.




– Environment Supervision System• Environment Supervision System regulates the activities of

environment supervision administration to carry out on-site inspection, supervision and treatment for pollutant discharge or ecological disaster.

• The organization being supervised has the responsibility to disclose information, provide materials and documents.




– Environment Monitoring System• Environment monitoring refers to institutions and personnel

monitor and evaluate environmental quality which is critical to the living circumstances of human being and other living resources.

• Monitoring includes environmental quality monitoring, pollutant source monitoring, emergency environmental accident monitoring and environment status monitoring and evaluation.

• China has created four levels of monitoring network, national, provincial, city and county level.




– Pollution Control Deadlines • Local people’s governments can set obligations upon entities

to achieve compliance (usually requiring the creation of a treatment plan and the installation of pollution control equipment) within a certain period of time and provide for sanctions, including fines and the shut-down of operations, if

compliance is not achieved by the set date.




• 4.4 Environmental Economic System

– Environment Tax

• Environmental taxes is a kind of taxes that levied

on activities such as using the environment or

imposing the burden on the environment

• Consumer tax, resources tax




• 4.4 Environmental Economic System– Discharge Fee System

• Pollutant Discharge Fee refers that the State Environmental

Protection authorities in accordance with environmental protection

laws and regulations, impose a certain amount of cost to the unit

and individual who directly discharge pollutants to the environment

• All pollutant discharge fee shall be exclusively used for prevention

and control of environmental pollution. No entity or individual may

intercept, illegally occupy or misappropriate pollutant discharge fee.




• 4.4 Environmental Economic System– Emission Trading

• A central authority sets a limit or cap on the amount of a pollutant that may be emitted. The limit or cap is allocated or sold to firms in the form of emissions permits which represent the right to emit or discharge a specific volume of the specified pollutant. Firms are required to hold a number of permits equivalent to their emissions. The total number of permits cannot exceed the cap, limiting total emissions to that level. Firms that need to increase their volume of emissions must buy permits from those who require fewer permits.




– Government subsides• It is a kind of economic incentives that government

offers to polluters through grant or loans to encourage the reduction of pollution.

– Deposit refund system




– Deposit refund system• Government may collect some deposit in advance

for the products which might have potential environmental impact and return the deposit when the products have been recycled.




• 4.5 Environmental Protection Encouraging System

– Environmental Information Disclosure System• Environmental information disclosure system is a system that

regulate the range, method, contend of environmental

information disclosure on specific subjects.

• Environmental protection departments and enterprises that

pollute excessively must disclose the corresponding

environmental information, which is mandatory, or will be

violation; general polluting enterprises can disclose

environmental information voluntary, and the state will

encourage it.




– Environment Certificate System• Environment certificate is used to forward the environment

information to the consumer and guide consumer to buy products that are environmental friendly.




– Environment Education System• These include the training, advertising activities

used to raise the public awareness to protect environment.




• 4.6 Environment treatment and curing system– Emergency Reaction System

• Any unit that, as a result of an accident or any other exigency, has caused or threatens to cause an accident of pollution, must promptly take measures to prevent and control the pollution hazards, make the situation known to such units and inhabitants as are likely to be endangered by such hazards, report the case to the competent department of environmental protection administration of the locality and the departments concerned and accept their investigation and decision.




– Ecological compensation System» Ecological compensation refers to the

compensation of ecological functions, which ecological beneficiary in the process of using natural resources legitimately, pay to the owner of natural resources or the one who protect ecology, to inspire people to engage in ecological protection and ecological capital appreciation.




» Since 2000, with 30% of the forest is designated as ecological forest, the state established the forest ecological benefit compensation fund policy. In 2001, the Ministry of Finance and the State Forestry Administration jointly issued a notice to establish the first injection grant funds which is 10 billion yuan, and determined the pilot project in 11 provinces and regions.

» At present, the source of forest ecological compensation comes from national financial transfer payments. This single method of compensation is not suitable for all ecological compensation. The eco-efficiency people enjoy is direct or indirect, so ecological benefit compensation should be diversified.

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Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu 中国海洋大学 Ocean University of China Chinese Environmental & Natural Resources