EIA Compendium: China

Law and Regulations - China

2002
15

Article 1. This Law is formulated in order to implement the strategy of sustainable development, prevent the adverse impact on environment brought about by the implementation of plans and construction projects, and promote the harmonized development of economy, society and environment.

Article 2. The environment impact assessment claimed in This Law refers to the method and system of conducting analysis, forecast and evaluation of the possible environment impact brought about by the implementation of plans and construction projects, putting forward the strategy and measures to prevent or reduce the adverse impact on environment, and carrying out follow-up monitoring.

1997
35

PART I PRELIMINARY
1. Short title and commencement
(1) This Ordinance may be cited as the Environmental Impact Assessment Ordinance.
(2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Planning, Environment and Lands by notice in the Gazette.
2. Interpretation
In this Ordinance the expressions defined in Schedule 1 have the meanings set out there.
3. Application
(1) This Ordinance binds the Government.
(2) Sections 26 and 27 do not have effect to permit proceedings to be taken against, or to impose criminal liability on, the Government or on a person doing anything in the course of carrying out his duties as a public officer in the service of the Government.
(3) If the Director considers that a public officer, in carrying out his duties in the service of the Government, has done, or has omitted to do, something in contravention of this Ordinance, the Director shall, if the act or omission is not immediately terminated to his satisfaction, report the matter to the Chief Secretary for Administration. (Amended L.N. 362 of 1997)
(4) On receiving a report, the Chief Secretary for Administration shall inquire into the matter and, if his inquiry shows that a public officer is continuing to contravene this Ordinance or is likely to contravene the Ordinance again, the Chief Secretary shall ensure that the best practicable steps are taken to stop the contravention or avoid the recurrence and to remedy any environmental damage that may have occured. (Amended L.N. 362 of 1997)