Sui Huan Gui Zi [2020] NO.8

ToMunicipal Airport Commission, Ecological Environment Sub-bureau of all districts, Bureau of Administrative Examination and Approval of Guangzhou Development Zone, the Administrative Examination and Approval Bureau of Nansha District, all directly affiliated institutions:

　　In order to further standardize the conduct of EIA approval for construction projects, the Bureau formulated theNotice of Guangzhou Municipal Environmental Protection Bureau on The Procedures for The Issuance and Approval of Environmental Impact Assessment Documents for Construction Projects (Sui Huan GuI Zi [2017] No.7) in 2018. According to the relevant requirements of the institutional reform, the bureau is now reissued and implemented after its name change. If you encounter problems during the implementation, please give us a radial response.

　　Guangzhou Municipal Ecological Environment Bureau

　　Mar 25, 2020

Regulations on the Approval Procedure of Environmental Impact Assessment Documents for Construction Projects of Guangzhou Municipal Ecological Environment Bureau

　　1.General Provisions

　　1.1.In order to standardize the examination and approval of environmental impact assessment documents of construction projects, improve the examination and approval efficiency, and protect the legitimate environmental rights and interests of citizens, legal persons and other organizations, and according to the Administrative Licensing Law of the People's Republic of China, the Environmental Impact Assessment Law of the People's Republic of China, and the Regulations on the Administration of Environmental Protection for Construction Projects,  and with reference to the Provisions on the Examination and Approval Procedures of Environmental Impact Assessment Documents for Construction Projects of the State Environmental Protection Administration(Order of the State Environmental Protection Administration No. 29) and Notice on the Issuance of Regulations on the Approval Procedure of Environmental Iimpact Assessment Documents for Construction Projects of Guangdong Provincial Department of Ecology and Environment (Guangdong Huanfa [2019] No. 8) , and combined with the actual, these provisions are formulated.

　　1.2.These provisions shall be applicable to the examination and approval of the environmental impact report and environmental impact report form (hereinafter referred to as "environmental impact assessment document") of construction projects within the jurisdiction of Guangzhou Municipal Ecological Environment Bureau.

　　1.3.The approval of environmental impact assessment documents of construction projects by Guangzhou Municipal Ecological Environment Bureau follows the principles of legality, openness, fairness, justice, convenience and efficiency.

　　2.Acceptance

　　2.1.When the construction unit submits the application for approval of the environmental impact assessment document of the construction project, Guangzhou Municipal Ecological Environment Bureau shall examine the following paper application materials submitted by the construction unit or electronic materials submitted through the online declaration system (the authenticity and accuracy of the contents of the application materials shall be borne by the construction unit) :

　　2.1.1.Application for approval of the environmental impact assessment documents of construction projects;

　　2.1.2.Environmental impact assessment documents of construction projects;

　　2.1.3.Other documents submitted in accordance with relevant laws and regulations.

　　Among them, the file management requirements and format of the environmental impact assessment documents of construction projects shall be separately formulated and published by Guangzhou Municipal Bureau of Ecology and Environment.

　　2.2.Guangzhou Municipal Ecological Environment Bureau shall, depending on the situation, deal with the application materials submitted by the construction unit as follows:

　　2.2.1.If the application materials are complete and conform to the statutory form, the application shall enter the examination procedure; If a technical assessment is needed, the construction unit shall be informed;

　　2.2.2.If the application materials are not complete or do not conform to the legal form, the construction unit shall be informed of the contents that need to be corrected on the spot or within five days;

　　2.2.3.If it is not subject to the examination and approval of Guangzhou Municipal Ecological Environment Bureau according to law, the application shall not be accepted and the construction unit shall be informed to apply to the relevant authorities.

　　2.3The Guangzhou Municipal Ecological Environment Bureau publishes the acceptance of the environmental impact assessment documents of the construction project on its government public website (http://sthjj.gz.gov.cn/, the same below). The public notice period is 10 days, except for the cases that need to be kept confidential according to the national regulations.

　　3.Examination

　　3.1.The Guangzhou Municipal Ecological Environment Bureau may organize technical institutions to conduct technical assessment of the environmental impact assessment documents of construction projects and bear the corresponding costs; Technical institutions shall be responsible for their technical assessment opinions and may not collect any fees from construction units or units engaged in environmental impact assessment.

　　3.2.The district competent department of ecological environment shall, within 10 days from the date of receipt of the documents from Guangzhou Municipal Ecological Environment Bureau soliciting opinions on the environmental impact assessment documents, put forward preliminary opinions, and the delay shall be deemed as consent.

　　3.3.After accepting the environmental impact assessment documents of construction projects, Guangzhou Municipal Ecological Environment Bureau shall review the environmental impact assessment documents in accordance with the environmental protection laws, regulations, rules, policies, standards and technical guidelines and norms for environmental impact assessment, and implement the three-level examination and approval system of handling, examination and issuance. Among them, the environmental impact assessment documents of major construction projects shall be examined collectively in accordance with the system of environmental protection examination and approval Committee of major construction projects of Guangzhou Municipal Ecological Environment Bureau.

　　3.4.After accepting the environmental impact assessment document, Guangzhou Municipal Ecological Environment Bureau may hold an argumentation meeting, a symposium, a hearing and other forms to hear the opinions of relevant experts, units and the public for construction projects located in environmentally sensitive areas with major environmental risks and hidden dangers, and construction projects that may seriously affect the quality of the living environment of residents in the area where the project is located, as well as construction projects where there are significant differences of opinion; And for construction projects with large public feedback, relevant experts and departments may be convened to conduct special consultation and demonstration on environmental issues of public concern.

　　3.5.Before making a decision on the approval of the environmental impact assessment document of the construction project, Guangzhou Municipal Ecological Environment Bureau shall publish the proposed approval opinions on its public website for five days, except for those that need to be kept confidential as stipulated by the state.

　　4.Approval

　　4.1.The environmental impact assessment document of the construction project which has been examined and approved shall be approved by the Guangzhou Municipal Ecological Environment Bureau in accordance with the law and notified to the construction unit in writing; For the environmental impact assessment documents of construction projects that have not passed the examination, the Guangzhou Municipal Ecological Environment Bureau shall make a decision not to approve them according to law, notify the construction unit in writing, explain the reasons and inform the construction unit of legal remedies.

　　4.2.After making the decision on the approval of the environmental impact assessment document of the construction project, Guangzhou Municipal Ecological Environment Bureau shall announce the approval result on its government public website. Except where confidentiality is required by state regulations.

　　4.3.After the environmental impact assessment document is approved by Guangzhou Municipal Ecological Environment Bureau, if there is a major change in the nature, scale, location, production process adopted or measures for pollution prevention and ecological damage prevention of a construction project, the environmental impact assessment document of the construction project shall be re-examined and approved according to law after the application for the environmental impact assessment document of the construction project.

　　4.4.If the construction project starts construction after five years from the date of approval, the Guangzhou Municipal Ecological Environment Bureau shall, upon receiving the application from the construction unit for re-examining the environmental impact assessment documents of the construction project, re-examine the environmental impact assessment documents in accordance with the law.

　　4.5.Where a citizen, legal person or other organization considers that the approval decision of the Guangzhou Municipal Ecological Environment Bureau on the environmental impact assessment documents of a construction project published on the public website of the Guangzhou Municipal Ecological Environment Bureau infringes upon his or her legitimate rights and interests, an application for administrative reconsideration may be filed with the People's Government of Guangzhou city or the Department of Ecology and Environment of Guangdong Province within 60 days from the date of the announcement, or an administrative lawsuit may be filed with the people's Court that has jurisdiction within six months from the date of the announcement.

　　5.Time limit

　　5.1.Within 30 days from the acceptance of the environmental impact report and 15 days from the acceptance of the environmental impact report form, the Guangzhou Municipal Ecological Environment Bureau shall make an examination and approval decision and notify the construction unit in writing. Where laws, administrative rules and regulations provide otherwise, such provisions shall prevail.

　　5.2.The Guangzhou Municipal Ecological Environment Bureau shall, within ten days from the date of receipt of the environmental impact assessment document of the construction project, notify the construction unit in writing of the assessment opinions.

　　5.3.Where it is necessary to conduct a technical assessment or hold an argument meeting, symposium or hearing, the time required shall not be calculated within the time limit for examination and approval specified in this chapter. In principle, the environmental impact technology assessment should be completed within 30 days.

　　6.Supplementary Provisions

　　6.1.The period within 10 days (inclusive) stipulated in these regulations refers to working days, excluding statutory holidays.

　　6.2.These regulations shall take effect as of the date of publication and shall be valid for five years.

　　Disclosure: Active disclosure