China Law Update

Pages137-170
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2014] CHINA LAW UPDATE 137
CHINA LAW UPDATE
I. LAWS AND REGULATIONS
A. Key Amendments to the Environmental Protection Law of the
Peoples Republic of China1
1. Introduction
On April 24, 2014, the Standing Committee of the 12 th National
Peoples Congress (SCNPC) in its eighth meeting passed a
decision to amend the nations 25-year-old Environmental Protection
Law2. It is the basic law regulating major environmental main issues
in China, including the governmental supervision and management
of environmental problems and prevention and control of pollution3.
The amendments came as a response to the changing economic and
environmental landscape in China, especially in recent years.
With 70 articles, compared with 47 in the original law, the
revised Environmental Protection Law sets environmental protection
as a basic national policy and gives harsher punishment to
environment-related wrongdoing. The amendments witness a
paradigm shift in legislative rationale as economic development had
long been placed the first in lawmaking4. Specifically, five principles
are established: protection first, prevention emphasis, comprehensive
treatment, public participation and accountability for damages5.
The amended Environmental Protection Law will take effect on
January 1, 2015.
1 This update is prepared by Jin Ning, LL.B. Candidate, Tsinghua Law School.
2 Quanguo Renda Changweihui guanyu Xiugai Zhongguo Renmin Gongheguo Huanjing Bao hu
Fa de Jueding ( 全国人大常委会关于修改《中华人民共和国环境保护法》的决定) [SCNPCs
Decision to Amend the Consumers Right Protection Law] (p romulgated by Standing Comm., Natl.
Peoples Cong., Apr. 24, 2014, effective Jan. 1, 2015).
3 Huanjing Baohu Fa (环境保护法) [Environmental Protection Law] (promulgated by Standing
Comm., Natl. Peoples C ong., Dec . 26, 1989, effective Dec. 26 , 1989) table of con tents
(Chinalawinfo).
4 Lian Yingting (廉颖婷), Luoshi Xin Huanbaofa Jiang Youli Pojie Dangqian Huanjing Wenti (
新环保法将有力破解当前环境问题) [Enforcing The New Environmental Protection Law will
effectively solve the environment problems] FAZHI RIB AO (法治日报)[LEGAL DAILY] May 1, 2014, at
A5.
5 Huanjing Baohu Fa (环境保护法) [Environmental Protection Law] (promulgated by Standing
Comm., Natl. Peoples Cong., Apr. 24 , 2014, effective Jan. 1, 2015) art. 5 (Ch inalawinfo ).
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138 TSINGHUA CHINA LAW REVIEW [Vol. 7:135
2. Content
(a) More Specific Supervision and Administration
i. Environmental Protection Plan and Environmental
Quality Standards
Under Article 13, environmental protection is included in the
national economic and social development plan. Thus, formulating
the environmental protection plan and environmental quality
standards becomes a mandatory obligation for government at various
levels. Article 16 stipulates that the local government cannot set
pollutant emission standards lower than national standards.
As to the supervision of environmental problems, a more
comprehensive and detailed monitoring and assessment system is
established by Article 17, Article 18 and Article 19, emphasizing that
the monitoring institutions and the persons in charge of the
institutions shall be responsible for the authenticity and accuracy of
the monitoring data.
When environmental protection is in conflict with economic
development, which usually happens, local government always tend
to sacrifice the environment as the government at higher levels can
hardly evaluate environmental conditions. In response to such
practice, the amendments implement the target-based responsibility
system and assessment and evaluation system for environmental
protection. The completion of the environmental protection work is
incorporated as an important basis for assessment and e valuation of
the government and related departments.
ii. Ecology Protection Measures
In order to effectively solve the ecological problems, the
amendments establish a coordinating mechanism for joint prevention
and control of environmental pollution and ecological damage in
areas across administrative regions6. In such areas, the planning,
standards, and monitoring of protection measures should be unified
or should be tackled under the coordination of governments at the
higher levels. The coordinating mechanism has proven to be
effective especially in handling water pollution, which usually
affects several administrative regions.
For key ecological functional zones, strict protection is
implemented, including delimiting red lines, according to Article 29
of the Environmental Protection Law.7 Also, for damages already
6 Id. art. 20.
7 Id. art. 29.
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2014] CHINA LAW UPDATE 139
caused to ecological zones, local governments are able to make use
of the compensation funds to remedy the situation.
(b) Greater Liability for Enterprises
The revised law expands the scope of projects that shall be
subjected to environmental impact assessment, and clarifies the legal
consequences of non-compliance. Enterprises are prohibited from
commencing projects th at have not undergone an environmental
impact assessment.
Furthermore, Article 42 compels enterprises to establish
environmental protection responsibility systems. Enterprises that
discharge pollutants must build up such environmental protection
responsibility systems to specify the responsibilities of
persons-in-charge. In addition, enterprises that discharge certain key
pollutants must install and use monitoring equipment. All original
monitoring records should be kept.
A control system for total emissions of key pollutants is
established under Article 44. Enterprises must also follow the control
indicators of total emissions of key pollutants allocated to the
enterprises.
Article 45 provides that all enterprises must apply for a license
for discharging pollutants, and must observe the requirements of the
license. Currently, the Ministry of Environmental Protection is
establishing an integrated pollution discharge license management
system, and has recommended that the State Council formulate
implementing regulations.
Other obligation of enterprises includes preparing emergency
response plans for emergency incident and filing such plans with
competent authorities, among many others.
(c) More Severe Punishment for Illegal Acts
i. Liability for Enterprises and Employees
The old law stipulated that any enterprise that fails to eliminate or
control pollution within a specific period of time might be ordered to
suspend or shut down its operations8, while the revised law provides
more specified and stricter regulatory measures, as well as greater
powers to the authorities such as restricting, suspending and shutting
down production. 9
8 Huanjing Baohu Fa (环境保护法) [Environmental Protection Law] (promulgated by Standing
Comm., Natl. Peoples Cong., Dec. 26, 1989, effective Dec. 26, 1989) art. 29 (Chinalawinfo).
9 Id. art. 60.

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