Asia Society Policy Institute

Legal requirements for the Chinese Government, developers, and contractors.

Offers legal measures to analyze, mitigate, and monitor the impacts of construction projects.

The Chinese Government should:

• Encourage relevant entities, experts, and the public to participate in the environmental impact assessment (EIA) process.

EIA Consultants should:

• Organize follow-up appraisals for significant environmental impacts.

Developers (and Contractors) should: 

• Prepare an EIA report scaled to the impacts of each project.
  • Include an analysis of impacts, as well as mitigation measures and conclusions.
• Not commence construction if the approval department has not examined the EIA in accordance with the law, or if it was disapproved after examination.

Subnational Construction Departments under the State Council should:

• Conduct EIAs for any project concerning the use of land, drainage areas, or sea areas.
• Develop mitigation measures for adverse environmental impacts. 
• The environmental impact report should include:
  • An analysis, prediction, and appraisal of potential environmental impacts.
  • Mitigation measures for adverse impacts.
  • A conclusion of the appraisal upon the environment.
• Submit the EIA before project plans can be examined and approved.

The Chinese Government must: 

• Explain any decisions to not accept the findings of the EIA and/or opinions offered by experts and the public.