1.What is an EIA?
Law on Environmental Impact AssessmentArticle 2 is clearEnvironmental impact assessment refers to:Analysis, evaluation and assessment of the environmental impact that may be caused by the implementation of planning and construction projects, and the countermeasures and measures to prevent or mitigate adverse environmental impacts, and the methods and systems for tracking and monitoring.
2.What are the types of EIAs? According to the degree of impact on the environmentEIA implements classified management.
PreparationReport:If it may cause a major environmental impact, an environmental impact report shall be prepared and a comprehensive assessment of the resulting environmental impact shall be conducted.
PreparationReport Form:If it may cause a slight environmental impact, an environmental impact report form shall be prepared to analyze or make a special assessment of the environmental impact generated.
Fill inRegistration Form:If the environmental impact is very small and there is no need for environmental impact assessment, the environmental impact registration form shall be filled.
3.What level of approval should the EIA document be conducted? EIA approval is implementedHierarchical managementYou can alsoGo directly to the consultationLocalDepartment of Ecology and Environment.
4.Do all EIA documents need to be approved? EIA report (form)., which shall be examined and approved by the EIA approval department with the right to approve.
EIA Registration Form, the implementation of record management,No approval required.
5.When should the EIA process be completed? Preparation of EIAsReport (form).construction projects, construction unitYesin the construction projectBefore the start of constructionObtain the approval of the environmental impact assessment document.
Construction projects that fill in the EIA registration form, construction unitYesin the construction projectBefore it is built and put into production and operationLog in to the online ICP filing system, register real information in the online filing system**Fill in and submitEnvironmental Impact Registration Form for Construction Projects.
What should enterprises pay attention to when preparing EIA materials? EnterpriseYesResponsible for the content and conclusions of the EIA report and report form
Accept the commissionPreparationEIA report and report formtechnical unitsBear the corresponding responsibility for the environmental impact report and environmental impact report form of the construction project prepared by it.
EIA report and report formexistsThe underlying information is clearly falseThe content existsMajor defects, omission or falsehood, the EIA conclusion is incorrect orUnreasonableand other serious quality problems, the construction unit (enterprise) shall bear it in accordance with the lawCorresponding legal liability.
7.How to choose an EIA preparation unit? Any unit or individualNo, you cannotfor the construction unit (enterprise).specifyThe technical unit that prepares the EIA report and report form.
Construction unit (enterprise).NopeTechnical ability to prepare EIAYou can log inMinistry of Ecology and Environment**Credit platform for environmental impact assessmentInquiryFor the information of EIA units nationwide, the EIA units can be freely selected by bidding or entrustment.
What qualifications do I need to prepare an EIA document?
The latest versionLaw on Environmental Impact Assessment(Revised 2018),Article 19, construction unitIt can be delegatedThe technical unit shall carry out environmental impact assessment of its construction project, and prepare the environmental impact report and environmental impact report form of the construction project; The construction unit has the technical ability to conduct environmental impact assessmentYou can do it on your ownCarry out environmental impact assessment of its construction projects, and prepare environmental impact reports and environmental impact report forms for construction projects. ”The latest version of the Regulations on the Administration of Environmental Protection of Construction Projects(Revised in 2017), Article 13 of the original article has been deletedAbout EIAgridsystemThe provisions are deleted in their entirety. Therefore,Qualifications are no longer required for the preparation of EIA documents.
.What are the procedures to be fulfilled before the EIA is submitted for approval? Except for the circumstances stipulated by the state that require confidentialityPreparation of EIA reportsconstruction projectsThe construction unit wantsBefore submitting the EIA report for approvalHold debate meetings and hearingsorTake other formsSolicit the opinions of relevant units, experts and the public
The explanation of whether or not to adopt the opinions of relevant units, experts and the public shall be submitted together as an annex to the environmental impact report.
10.What are the precautions for the start of construction projects? After the EIA document is prepared for the construction project, if it is not reviewed by the examination and approval department in accordance with the law or is not approved after review, the construction unit shall not start construction.
EIA documents from the date of approvalMore than five yearsIf the party decides to start the construction of the project, it shall be reported to the original examination and approval departmentRe-review.
11.What is the approval process for EIA documents? Approval procedures for EIA reports (forms), including:Application, acceptance, evaluation, examination, decision, serviceand other links.
The examination and approval of the EIA report (form) is an administrative licensing matterAs the applicant, the construction unit shall truthfully submit relevant information and reflect the real situation, and be responsible for the authenticity of the substantive content of the application materials.
When submitting the EIA report (form) to the provincial department of ecology and environment for approval, it is necessary to provide:
Application documents for approval of environmental impact assessment documents of construction projects;
Environmental impact report (form) of construction project;
Explanation on the deletion of information that is not suitable for disclosure in the environmental impact assessment documents of construction projects;
Explanation of public participation (only provided for the preparation of environmental impact statement projects).
towardMunicipal and county-level environmental impact assessment and approval departmentsWhen submitting the EIA document for approval, can be found in the corresponding service guide, or consult the local EIA approval department.
12.What is the time limit for approval of EIA documents? EIA approval departmentYesFrom the date of receipt of the EIA reportWithin sixty days, the date of receipt of the EIA report formWithin thirty days, respectively, make an examination and approval decision and notify the construction unit in writing.
13.How long is the EIA document valid after approval? The EIA document of the construction project starts from the date of approvalMore than five years, the party decided to start the construction of the project, its EIA documentsIt should be reportedThe original approval departmentRe-review.
14.What is the legal responsibility of the enterprise for failing to go through the EIA procedures?Allow? Law on Environmental Impact AssessmentArticle 31 of the ArticleThe construction unit has not submitted for approval of the environmental impact of the construction project in accordance with the lawReport (form).；Failure to re-submit for approval or re-review of the environmental impact report (form); The EIA report (form) of the construction project has not been approved or re-examined and approved by the original approval departmentUnauthorized construction of constructionThe competent department of ecology and environment at or above the county level shall order the construction to be stopped, according to the circumstances of the violation and the harmful consequences,A fine of between 1% and 5% of the total investment amount of the construction project shall be imposedand may order restitutionThe person in charge who is directly responsible for the construction unit andOther persons directly responsibleand give administrative sanctions in accordance with the law.
The construction unit has not filed the construction project in accordance with the lawEIA registration formby the competent department of ecology and environment at or above the county levelOrder the recordA fine of not more than 50,000 yuan shall be imposed.
How to determine whether a construction project has started construction? The commencement of construction in the field of EIA is not a formal and written commencement of construction, but an actual commencement of construction (basic engineering that can represent the characteristics of the project) and a certain impact on the environment.
Former Ministry of Environmental ProtectionNotice on Further Strengthening Environmental Protection in Hydropower Construction (Huanban No. 4, 2012).Clear:
-- Hydropower project preparation and preparation period related projectsIt should be included in the "three links and one leveling" project as a whole to carry out environmental impact assessment.
-- Measures related to the protection of aquatic ecology, which should be included in the preparation and preparation period of hydropower projects.
- Cofferdam works (including staged cofferdams) and diversion works in the riverbedAs the main project content, it is not included in the scope of the "three links and one leveling" project.
In the EIA of hydropower construction projects, to have the "three links and one leveling" project environmental impact retrospective assessment content.
OriginalMinistry of Environmental ProtectionNotice on Strengthening the Management of Environmental Impact Assessment of "Construction Before Approval" Construction Projects (EIA No. 18 2018).Clear:
In addition to thermal power, hydropower, and grid projectsThe construction project started constructionYesThe permanent works of the construction project officially broke ground and began to be constructed, and the preparatory work before this, such as geological exploration, leveling the site, demolition of old buildings, temporary buildings, temporary roads for construction, water supply, electricity, etc., do not belong to the start of construction.
The construction of thermal power projects beganYesThe foundation cushion of the main plant is poured with first-party concrete (FCD).
16.What are the legal responsibilities for the quality problems in the EIA documents? Law on Environmental Impact AssessmentArticle 32 provides:If there are serious quality problems in the EIA report (form) of the construction projectby the competent department of ecology and environment at or above the city level divided into districtsRight, construction unitA fine of 500,000-2 million will be imposedand to the legal representative of the construction unitThe main person in chargewithOther persons directly responsible, a fine of 50,000-200,000 yuan.
Accept the commissionThe technical unit that prepares the EIA document, in violation of the relevant national environmental impact assessment standards and technical specificationsAs a result, there are serious quality problems in the EIA documents prepared by it
The competent department of ecology and environment at or above the level of the city divided into districts shall impose a fine of 3 times to 5 times the fees charged by the technical unit.
If the circumstances are serious, it is forbidden to engage in the preparation of the EIA.
where there are unlawful gains, the unlawful gains are to be confiscated.
If a crime is constituted, criminal responsibility shall be investigated in accordance with the law, and the preparation of the EIA shall be banned for life.