Business School Chinese Law on Public Participation in the Decision- Making Process of Renewable Energy Projects Yankun Zhao PhD candidate, The University of New South Wales, Sydney

Outline 1.Background A tension and the current situation 2. Practical Issues Achievement Implementation issues 3. Legal Issues Legal framework Legal issues 5. Future Research: Comparative legal research 4. Potential Suggestions Who When How

Renewable energy projects (REPs): EU - Renewable Energy Directive 2009: 20% China - Renewable Energy Law; Thirteenth Five-year Plan:15% Public participation (PP): EU - The Aarhus Convention 1998 China - Environmental Protection Law 1989 (amendment 2014) EIA Law 2003 to EIA Law Background ‘Green on Green’ - Charles R. Warren et al A tension between the development of REPs and public participation – efficiency vs. democracy

Background (continued) a. The development of public participation law in China: b. The development of REPs: Hydropower, wind power, solar power, tidal power etc. Practicing period ( ): EIA Law 2003 Growth period ( ): Provisional Measures 2006 Methods of Environmental Information Disclosure (Trial Version) 2008; Regulation of Planning EIA 2009 Improvement period (2009-present): Local EIA regulations Environmental Protection Law 2014 Revisited EIA Law The report of Study 3 of EU-China Environmental Governance Programme 2012

a. Achievements 2. Practical issues b. Implementation issues and reasons Tradition/culture: different concepts of public participation A lack of effective public participation in the decision-making stage: unorganised demonstration; complaints about other matters; irrational; late participation (after construction) Reasons ---- Terry, Thomas and Martin 2012

3. Legal Framework Environmental Impact Assessment Law 2003 (EIA Law 2003) Administration License Law 2003 (ALL 2003)-public hearing The Amendment of Environmental Protection Law 2014 Regulation on the Administration of Construction Project Environmental Protection 1998 The Regulation of Government Information Disclosure 2007 The Regulation of Environmental Impact Assessment of Planning 2009 Provisional Measures of Public Participation in Environmental Impact Assessment 2006 Measures of Environmental Information Disclosure (Trail) 2007 Circular on Further Strengthening the information Disclosure of Environmental Protection 2012 Technical Guideline of Environmental Impact Assessment (draft for soliciting) 2011 Guangdong Province 2007; Zhejiang Province 2008; Shanghai 2013; Shandong Province 2012; Beijing 2007; Shanxi Province 2009 Rio Declaration A source of international law National Law Administrative Regulation (State Council) Department Rules Local regulations Revised EIA Law 2016: article 14, 17,18, 22, 25, 31, 32

3.Legal issues (Continued) a. Improvements since 2003 National to local; EIA procedure; affected public; methods b. Legal Issues Who Unclear and difficulty in defining ‘the public’ When In EIA report construction projects with significant environmental impact Before submitting: l ate timing (experts participate at earlier stage) How Multiple methods, no detailed guidance Surveys are the common way to solicit public opinions. Hearing

Who is ‘the public’? ProvisionsContent Article 56, Environmental Law Amendment 2014 the public who are likely to be affected Article 11 and article 21, EIA Law 2016related parties, experts and the public Article 15, Provisional Measures 2006 developers, EIA institution and EAPD can reasonably choose the solicited citizens, legal persons and other organizations but must involve those who are affected by the construction Measures of Public Participation in Environmental Protection 2015 citizens, legal person and other organizations

Types of EIA Types of projects EIA reportReport form Registration form The meaning of environmentally sensitive areas Hydropower total installed capacity 1MW and above; pumped storage station; involving environmentally sensitive areas others All types in Classification A; the natural spawning grounds for important aquatic organisms; feeding grounds, overwintering grounds and migration routes in Classification B other REPsMarine tidal power station; wave energy station; station based on temperature difference; wind power with total installed capacity 50MW and above and involving environmentally sensitive area Power generation using geothermal, solar thermal etc.; grid-connected PV system; other wind power generation Distributed generation solar project All types in Classification A; and all types in Classification C Which projects require public participation in decision-making?

Items Steps TimingOrganiserDuration Methods Public informing: projects siting in environmentally sensitive areas Within 7 days after confirming the EIA institution (for environmentally sensitive area Directory of Environmental Management of Construction Projects) Project developers ／ Public informing: all types of projects During working out the EIA report and before submitting EIA report to environmental protection administration department Project developers/ EIA institutions ／ Soliciting public opinions: all types of projects After the publishing the simplified EIA report Project developers/ EIA institutions No less than 10 days Public opinion surveys, expert consultation, symposium and demonstration, hearing Public informing: all types of projects After receiving the EIA report Environmental Protection Administrative Department Announcement is no less than 10 days; the information will be disclosed during the whole approval process Soliciting public opinions: all types of projects After public the information Environmental Protection Administrative Department No less than 10 days Soliciting public opinions: If the public strongly oppose the project After the prior solicitingEnvironmental Protection Administrative Department ／ Public opinion surveys, expert consultation, symposium and demonstration, hearing When and how to conduct public participation?

4. Possible suggestions Who: ‘stakeholder analysis’ (Stanghellini 2010) – ‘the public analysis’ When: early stage – scoping stage How: different public involved at different stages with different methods rather than surveys Further research on implementation issues Further analysis of suggestions Comparative study on EU and China 5. Further research