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The Law Of The People's Republic Of China On Environmental Impact Assessment Was Revised And The EIA Was Officially Cancelled!

Nantong Cotton Machinery Co.,Ltd | Updated: Jan 11, 2019

On December 29, 2018, the President of the People's Republic of China issued an official order on the 24th to amend the "Environmental Impact Assessment Law of the People's Republic of China" and officially cancel the qualification of the EIA! At the same time, the manifestation of the illegal act was clarified, and the highest unit of the construction unit was fined 2.2 million.


The President of the People's Republic of China issued the twenty-fourth issue, officially canceled the qualification of the EIA


On December 29, 2018, the President of the People's Republic of China issued the official order on the 24th. The decision of the Standing Committee of the National People's Congress on amending the seven laws including the Labor Law of the People's Republic of China has been The seventh session of the Standing Committee of the Third National People's Congress was adopted and will be implemented as of the date of promulgation.


Amend the "Environmental Impact Assessment Law of the People's Republic of China" and officially cancel the qualification of the EIA!


The specific revision and interpretation of the Environmental Assessment Impact Law


(1) The “Environmental Protection Administrative Department” was revised to “Eco-Environmental Authority”


(2) Cancel the qualification examination and approval of the EIA company (technical unit), and the competent construction unit can also prepare the EIA report (table).


Defining the manifestation of the illegal act, the highest unit of the construction unit is fined 2.2 million


1. Clarify the manifestations of illegal acts

The basic information in the EIA report (table) is obviously untrue, the content has major defects, omissions or falsehoods, and the environmental impact assessment conclusions are incorrect or unreasonable and other serious quality problems.


2. The main body of punishment is the municipal-level ecological environment competent department with district, and it is a double penalty system.

Both the penalty unit and the responsible person, the law enforcement association - the first test is not a double penalty system, but the competent department of ecological environment at or above the county level has the right to impose penalties.


3. Illegal consequences

For the construction unit, the above-mentioned illegal acts existed, and the competent department of ecological environment of the people's government at or above the municipal level in the district imposed a fine of not less than 500,000 yuan but not more than 2 million yuan, and the legal representative of the construction unit, mainly The person in charge, the directly responsible person in charge and other directly responsible personnel shall be fined not less than 50,000 yuan but not more than 200,000 yuan.


For the technical unit, the above-mentioned illegal acts exist, and the competent department of ecological environment of the people's government at or above the municipal level in the district shall impose a fine of three times or more and five times less on its premises; if the circumstances are serious, it is prohibited to engage in environmental impact reports and the environment. Influencing the preparation of the report form; if there is illegal income, the illegal income will be confiscated.


In addition, if the compiling unit has the above-mentioned illegal acts, the preparation moderator and the main compiler shall be prohibited from engaging in the preparation of the environmental impact report and the environmental impact report form within five years; if the crime is constituted, the criminal responsibility shall be investigated according to law, and the environmental impact report shall be prohibited for life. And the preparation of the environmental impact report form.