Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu 中国海洋大学 Ocean University of China Chinese Environmental & Natural Resources Law Xiangmin Xu

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law 2 Main Topics of Chapter 4  Environment and Natural Resources Planning System  Pollution Prevention System  Banning and Restriction System  Environment Economic System  Environmental Protection Encouraging System  Environment Treatment and Curing System

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law 4.1 Environment and Natural Resources Planning System –Environment and natural resources planning system is an integrated planning in time and space for the development, usage and protection of environment and natural resources, based on the environmental and natural resources’ condition and social development need of a nation or a specific area. 3

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law 4.1 Environment and Natural Resources Planning System –History of environment protection: pollution control→integrated management –It is a way to best coordinate the economic development and environmental protection –Improper planning can cause great harm to both environment and human health. 4

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law –Environment and natural resources planning can be divided into three categories National land planning –National land planning is an integrated strategic planning for the exploitation, usage and comprehensive regulation of national land. –It is a total arrangement for exploitation, population, production, city and country layout, transportation, communication, energy, water resources, major infrastructure construction and environmental improvement targets. –Law: Land Management Law, City and Rural Area Planning Law

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law –Environment and natural resources planning can be divided into three categories Environmental Protection Planning –Environmental Protection Planning is the planning that enacted to fulfill a certain kind of targets on control and prevention of pollution and on the protection of ecological environment. –No legal enforcement for people outside of administrative organs.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law –Environment and natural resources planning can be divided into three categories Natural Resource Planning –Natural Resource Planning is made for the proper usage, exploitation and protection of natural resources. –Legal Enforcement

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law 4.2 Pollution Prevention System –Environmental Impact Assessment It is an analysis, pre-evaluation of the environmental impact of construction projects and strategic planning. Suggestions and measures on how to prevent or mitigate the environmental impact will be provided. The scope of EIA includes construction projects and strategic planning which have environmental impact. In China, only after Environmental Protection Bureau approves EIA report, the planning department can approve the construction plan.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law 2005 Summer Palace Incident

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law –The “Three Simultaneous” System It requires that the design, construction, and operation of any required pollution control technologies or systems (as determined through the EIA process) must be completed at the same time as the design, construction, and operation of the project components.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law –The “Three Simultaneous” System The three simultaneous system requires: –(1) during the designing phase of the project, environmental protection must be taken into account as a chapter in designing plan of the construction; – (2) Environmental protection facilities must be put in trail use together with the major project; –(3) After the project completed, the project can be put in formal use only after the environmental facility s been examined and approved by environmental protection administration; –(4) The pollution prevention and control facility can not be removed or stored in shelf after the project completed.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law 4.3 Banning and Restriction System –Environmental Standard System Environmental standards is a kind of technical specifications, which prescribe the quantity of pollutants in the environment and quantity, concentration, time and rate of pollutants that source of pollution discharged, in accordance with the policies and regulations of the state of the environment, considering the characteristics of natural environment, socio- economic conditions and the level of science and technology. In China, environmental standards are divided into three categories: national standard, local standard and Ministry of Environmental Protection standard.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law 4.3 Banning and Restriction System –Environmental Standard System Environmental quality standard is the maximum concentration of different pollutants that are allowed in a certain area with limited times. Environmental quality standard is the basis of the pollutant emission standards Pollutant discharge standards set the concrete responsibility for people who discharge pollutant.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law 4.3 Banning and Restriction System –Environmental Standard System National Environmental Protection administration has responsibility to enact national environmental quality standard and discharge standard. Local authority can enact local quality standards on certain pollutants which are not covered by national standards. They also can enact local discharge standards which is stricter than national ones or local discharge standards on certain pollutants which are not covered by national standards.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law 4.3 Banning and Restriction System –Environment Permit System Environmental protection administration has the right to issue permit to citizens, enterprises or other organizations to carry out activities related to ecological environment or exploitation of resources, based on the application from individuals and organizations. China’s permit system generated from total pollution control system.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law –Environment Supervision System Environment Supervision System regulates the activities of environment supervision administration to carry out on-site inspection, supervision and treatment for pollutant discharge or ecological disaster. The organization being supervised has the responsibility to disclose information, provide materials and documents.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law –Environment Monitoring System Environment monitoring refers to institutions and personnel monitor and evaluate environmental quality which is critical to the living circumstances of human being and other living resources. Monitoring includes environmental quality monitoring, pollutant source monitoring, emergency environmental accident monitoring and environment status monitoring and evaluation. China has created four levels of monitoring network, national, provincial, city and county level.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law –Pollution Control Deadlines Local people’s governments can set obligations upon entities to achieve compliance (usually requiring the creation of a treatment plan and the installation of pollution control equipment) within a certain period of time and provide for sanctions, including fines and the shut-down of operations, if compliance is not achieved by the set date.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law 4.4 Environmental Economic System –Environment Tax Environmental taxes is a kind of taxes that levied on activities such as using the environment or imposing the burden on the environment Consumer tax, resources tax

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law 4.4 Environmental Economic System –Discharge Fee System Pollutant Discharge Fee refers that the State Environmental Protection authorities in accordance with environmental protection laws and regulations, impose a certain amount of cost to the unit and individual who directly discharge pollutants to the environment All pollutant discharge fee shall be exclusively used for prevention and control of environmental pollution. No entity or individual may intercept, illegally occupy or misappropriate pollutant discharge fee.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law 4.4 Environmental Economic System –Emission Trading A central authority sets a limit or cap on the amount of a pollutant that may be emitted. The limit or cap is allocated or sold to firms in the form of emissions permits which represent the right to emit or discharge a specific volume of the specified pollutant. Firms are required to hold a number of permits equivalent to their emissions. The total number of permits cannot exceed the cap, limiting total emissions to that level. Firms that need to increase their volume of emissions must buy permits from those who require fewer permits.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law –Government subsides It is a kind of economic incentives that government offers to polluters through grant or loans to encourage the reduction of pollution. –Deposit refund system

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law –Deposit refund system Government may collect some deposit in advance for the products which might have potential environmental impact and return the deposit when the products have been recycled.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law 4.5 Environmental Protection Encouraging System –Environmental Information Disclosure System Environmental information disclosure system is a system that regulate the range, method, contend of environmental information disclosure on specific subjects. Environmental protection departments and enterprises that pollute excessively must disclose the corresponding environmental information, which is mandatory, or will be violation; general polluting enterprises can disclose environmental information voluntary, and the state will encourage it.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law –Environment Certificate System Environment certificate is used to forward the environment information to the consumer and guide consumer to buy products that are environmental friendly.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law –Environment Education System These include the training, advertising activities used to raise the public awareness to protect environment.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law 4.6 Environment treatment and curing system –Emergency Reaction System Any unit that, as a result of an accident or any other exigency, has caused or threatens to cause an accident of pollution, must promptly take measures to prevent and control the pollution hazards, make the situation known to such units and inhabitants as are likely to be endangered by such hazards, report the case to the competent department of environmental protection administration of the locality and the departments concerned and accept their investigation and decision.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law –Ecological compensation System »Ecological compensation refers to the compensation of ecological functions, which ecological beneficiary in the process of using natural resources legitimately, pay to the owner of natural resources or the one who protect ecology, to inspire people to engage in ecological protection and ecological capital appreciation.

Chinese Environmental & Natural Resources Law Ocean University of China, Xiangmin Xu Chapter 4 – Basic Legal Systems in Chinese Environmental Law »Since 2000, with 30% of the forest is designated as ecological forest, the state established the forest ecological benefit compensation fund policy. In 2001, the Ministry of Finance and the State Forestry Administration jointly issued a notice to establish the first injection grant funds which is 10 billion yuan, and determined the pilot project in 11 provinces and regions. »At present, the source of forest ecological compensation comes from national financial transfer payments. This single method of compensation is not suitable for all ecological compensation. The eco- efficiency people enjoy is direct or indirect, so ecological benefit compensation should be diversified.