The PRC?s new Environmental Impact Assessment (EIA) Law clarifies environmental requirements affecting foreign investors, the roles of different government departments, liability for non-compliance and the importance of environmental protection in the PRC?s future development.
The effective date of the Law is 1 September 2003 - ten months after the date of its passage on 28 October 2002, leaving time for adjustment by foreign and domestic investors, business operators, construction companies and governmental departments.
The law sends a clear message that environmental protection is viewed as a fundamental goal and priority, and that the State Environmental Protection Administration (SEPA) enjoys support, at the highest level of government.
The law also sends a broader message that ambitious goals and the intention to enforce them are being balanced against practical implementation and transition issues. An additional message of the Law?s drafting process is that, in the area of environmental protection, the central government is considering opinions from many sources, and is encouraging public participation along with expansion of non-governmental organisations.
Projects
Foreign investors will be affected most directly by the Law?s section on ''construction projects'', a concept that includes not only construction of new facilities but also renovation or expansion of existing facilities. The Law clarifies which entities may participate in conducting an EIA, reconfirms the contents required in an EIA, requires ongoing monitoring of compliance, and sets out principles for allocation of legal responsibility for non-compliance.
