1. www.eurac.edu/sfere Institute for Studies on Federalism and Regionalism Annual EELF Conference 2016 14-16 September 2016 Wrocław, Poland Public Participation in Environmental Impact Assessment in China: Strengths, Weaknesses, and Lessons Learned Dr. Mariachiara Alberton, Senior Researcher in Environmental Law Institute for Studies on Federalism and Regionalism, EURAC, Bolzano/Bozen, Italy

2. www.eurac.edu/sfere Institute for Studies on Federalism and Regionalism INTRODUCTION Successful public participation is more than just granting a right to participate and setting out a procedure in a legislative act. Implementation of meaningful public participation is a challenge The purpose of this presentation  analyse the strengths and weaknesses of the Chinese EIA system by reporting on the practical issues and lessons learned during regional workshops and activities developed in China within the framework of a EU funded project.

3. www.eurac.edu/sfere Institute for Studies on Federalism and Regionalism The Project The Project “Regulating and promoting public participation in EIA in selected pilot Provinces and Municipalities (PUBLIC EIA)”: -Funded under the EU-China Environmental Governance Programme -Developed by European and Chinese Partners (Research institutes, NGOs, the Chinese Academy for environmental planning, provincial Chinese EIA agencies of Yunnan and Shandong) -Concentrated on Yunnan province, the municipalities of Shangri La and Lincang, and Shandong province, the municipalities of Linyi and Rizhao, and Beijing

4. www.eurac.edu/sfere Institute for Studies on Federalism and Regionalism The Project objectives I 1)Identification of main gaps of Chinese EIA public participation system by analysing national legislation, provincial rules and practices and by interviewing different stakeholders: (local communities and authorities, NGOs) 2)Enhancement of Environmental Protection Bureaus and EIA agencies capacity (training modules and seminars) 3)Dissemination of EIA procedures for public participation through tailor made dissemination material and specific public events for local communities and stakeholders

5. www.eurac.edu/sfere Institute for Studies on Federalism and Regionalism The Project objectives II  Exchange between Chinese and European partners and  comparison of cases. EU concrete experience showed that: -competent authorities sometimes try to discourage the public from participating actively; -deadlines have been set not allowing the public sufficient time -the increase in litigation and court appeals resulted in delays on permits, which then affected the planned investments and business -once the public perceives that information is being withheld or participation discouraged, it organizes itself to fight against it: conflicts increase

6. www.eurac.edu/sfere Institute for Studies on Federalism and Regionalism Chinese public participation in EIA: legislation  PP introduced in 2002 with the adoption of the Environmental Impact Assessment Law of the People‘s Republic of China that the public participation system in EIA  The ‘Temporary Methods of PP in Environmental Impact Assessment’ issued by the former State Environmental Protection Administration in 2006 extends and deepens the public participation system in EIA. (principles, rights and obligations of main bodies, information disclosure requirements, specific modes and timing of public opinion surveys)  Since 2006: some special clauses or sections on public participation in EIA in local regulations (some of the most economically developed regions)  Revised text of EPL: (entry into force in 2015 ) new chapter entitled “Information Disclosure and Public Participation”

7. www.eurac.edu/sfere Institute for Studies on Federalism and Regionalism Chinese public participation in EIA: drawbacks I The PP practice has a number of drawbacks: - current level of participation is quite limited - public involvement is implemented in merely a symbolic way -the information disclosure is unsound -the short reaction times -questionnaire surveys and public meetings are the two most popularly adopted means (passive modes of participation) -the validity of the information collected due to poor quality of the questionnaires and limitations and biases in the selection of the respondents -the impact of public participation on project approval

8. www.eurac.edu/sfere Institute for Studies on Federalism and Regionalism Chinese public participation in EIA: drawbacks II Problems occur during the implementation phase: public conflicts across the country in recent years, symptom of the fact that public demands in EIA in China had not been fully satisfied. Lack of information and environmental knowledge: - the public seemed to panic about the pollution likely to arise from the project and thus tends to resist it, under the influence of an interest group. - the public knows little about the relevant provisions on public involvement and is not able to put forward appeals through legal and reasonable approaches, which is causing frustration and a key factor causing the current chaos and contestation.

9. www.eurac.edu/sfere Institute for Studies on Federalism and Regionalism Chinese public participation in EIA: recommendations I  the EIA Law revised in accordance with the new EPL (clear definition of responsibilities and obligations of project units, EIA agencies and environmental protection bureaus) in order to improve transparency and accountability  establish what exactly is environmental information (e.g. a list), what kind of environmental information should be published, and be given upon specific request and the timeframe for such disclosure  Sanctions should be determined for authorities not providing requested information in the timeframe established by law  Publication of information in local daily papers, evening papers or the city news with the largest distribution, or on popular local portal websites or community websites

10. www.eurac.edu/sfere Institute for Studies on Federalism and Regionalism Chinese public participation in EIA: recommendations II  Public participation should be shifted to an earlier stage, when all the options are still open and to be discussed  extend the timeframe to a suitable period to allow expression of interest of all parties  adopt an inclusive approach, with no restrictions on the distance or on directly/indirectly impacted population and on registered NGO  public participation by means of symposiums, workshops and hearings instead of employing questionnaires, at least for relevant and potentially contested projects

11. www.eurac.edu/sfere Institute for Studies on Federalism and Regionalism Chinese public participation in EIA: lesson learned  Regulations alone are not determinant if they are not enforced and followed by a favorable implementing environment  Regulations shall be clear and detailed, comprising all key elements listed, but the attitude of the public authorities, project developers and EIA agencies applying them is crucial, as practices make the difference  key factors for public participation: “ex ante” and “ex post” environmental procedural rights: the rights of access to information and of access to justice Lesson learned in recent Chinese experiences applies to every country!

12. www.eurac.edu/sfere Institute for Studies on Federalism and Regionalism Thank you for your attention! Dr. Mariachiara Alberton Institute for Studies on Federalism and Regionalism, EURAC mariachiara.alberton@eurac.edu