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The Notice of Guangzhou Municipal Ecological Environment Bureau on Printing and Distributing the Detailed Implementation Rules on Examining Environmental Impact Assessment Documents for Construction Projects in Guangzhou Based on the Notification and Commitment System (Trial)

  

Sui Huan Gui Zi [2021] No. 3

  

Management Committee of Guangzhou Aerotropolis Development District, Administrative Examination and Approval Bureau of Guangzhou Development Zone, Administrative Examination and Approval Bureau of Nansha District and all sub-bureaus of Guangzhou Municipal Ecological Environment Bureau:

  According to the Regulations on Improving the Business Environment (Zhong Hua Ren Min Gong He Guo Guo Wu Yuan Ling No. 722) of the State Council, the Guidelines on Coordinating Epidemic Prevention and Control with Economic and Social Development and Ecological and Environmental Protection (Huan Zong He [2020] No. 13) of the Ministry of Ecology and Environment, the Letter on Implementing the Positive List of Environmental Impact Assessment Examination and Approval (Huan Ping Han [2020] No. 19), the Notice of the General Office of Guangdong Provincial People’s Government on Printing and Distributing the Guiding Opinions on Deepening the Reform of the Environmental Impact Assessment System in Guangdong Province (Yue Ban Han [2020] No. 44), and the Notice of the Department of Ecology and Environment of Guangdong Province on Printing and Distributing Examination and Approval Procedures of Environmental Impact Assessment Documents for Construction Projects Based on the Notification and Commitment System (Yue Huan Fa [2020] No. 3),in order to deepen the reform of the environmental impact assessment system and further optimize the business environment, this bureau formulates the Detailed Implementation Rules on Examining Environmental Impact Assessment Documents for Construction Projects in Guangzhou Based on the Notification and Commitment System (Trial), which is hereby printed and distributed for implementation.

 

 Guangzhou Municipal Ecological Environment Bureau

  April 6, 2021


 

Detailed Implementation Rules on ExaminingEnvironmental Impact Assessment Documents

for Construction Projects in Guangzhou Based

on the Notification and Commitment System

(Trial)

  To deepen the reform of streamlining administration, delegating power, improving regulation, and upgrading services, optimize the business environment and further improve the efficiency ofexamining environmental impact assessment documents, according to the Regulations on Improving the Business Environment (Zhong Hua Ren Min Gong He Guo Guo Wu Yuan Ling No. 722) of the State Council, the Guidelines on Coordinating Epidemic Prevention and Control with Economic and Social Development and Ecological and Environmental Protection (Huan Zong He [2020] No. 13) of the Ministry of Ecology and Environment, the Letter on Implementing the Positive List of Environmental Impact Assessment Examination and Approval (Huan Ping Han [2020] No. 19), the Notice of the General Office of Guangdong Provincial People’s Government on Printing and Distributing the Guiding Opinions on Deepening the Reform of the Environmental Impact Assessment System in Guangdong Province (Yue Ban Han [2020] No. 44), and the Notice of the Department of Ecology and Environment of Guangdong Province on Printing and Distributing Examination and Approval Procedures of Environmental Impact Assessment Documents for Construction Projects Based on the Notification and Commitment System (Yue Huan Fa [2020] No. 3), this Rules is formulated.

  1. Scope of Application

  ThisRules is applicable to environmental impact reports and environmental impact forms for the following construction projects (hereinafter referred to as environmental impact assessment documents for construction projects) examined by Guangzhou Municipal Ecological Environment Bureau (including all its sub-bureaus), Management Committee of Guangzhou Aerotropolis Development District, Administrative Examination and Approval Bureau of Guangzhou Development Zone and Administrative Examination and Approval Bureau of Nansha District (hereinafter referred to as administrative examination and approval departments for environmental impact assessment documents):

  1.1 Construction projects for the pilot reform of examining environmental impact assessment documents based on the notification and commitment system proposed in the Guidelines on Coordinating Epidemic Prevention and Control with Economic and Social Development and Ecological and Environmental Protection (Huan Zong He [2020] No. 13) by the Ministry of Ecology and Environment.

  1.2 Construction projects for the pilot reform of examining environmental impact assessment documents based on the notification and commitment system proposed in the Notice of the General Office of Guangdong Provincial People’s Government on Printing and Distributing the Guiding Opinions on Deepening the Reform of the Environmental Impact Assessment System in Guangdong Province (Yue Ban Han [2020] No. 44).

  1.3 Medical and healthcare, material production and research and experiment construction projects which meet relevant regulations of the Ministry of Ecology and Environment and are still needed after the COVID-19 pandemic is over.

  2. Application Materials

  2.1 Application Form and Letter of Commitment for Examining Environmental Impact Assessment Documents for Construction Projects in Guangzhou Based on the Notification and Commitment System (1 copy of paper version and 1 copy of electronic version);

  2.2 Environmental impact assessment document for the construction project (1 copy of paper version and 1 copy of electronic version); Statement of public participation in environmental impact assessment for the construction project (1 copy of paper version and 1 copy of electronic version), except that an environmental impact report/form is prepared.

  3. Processing Procedures

  3.1 Application

  The construction unit should log in to http://www.gdzwfw.gov.cn, upload relevant materials as required and submit. Paper materials can be submitted at government affair service windows or via mail.

  For a construction project to which the notification and commitment system is applicable, the construction unit can apply in accordance with the notification and commitment system or theNotice of Guangzhou Municipal Ecological Environment Bureau on the Issuance and Approval Procedures of Environmental Impact Assessment Documents for Construction Projects (Sui Huan Gui Zi [2020] No. 8).

  3.2Acceptance

  Administrative examination and approval departments for environmental assessment documents should examine the form of the application and materials submitted by the construction unit and, according to the circumstance, make the following decisions respectively:

  3.2.1 If application materials are complete and in a legal form, administrative examination and approval departments for environmental impact assessment documents should accept the application and issue a receipt of acceptance.

  3.2.2 If application materials are incomplete or not in a legal form, administrative examination and approval departments for environmental impact assessment documents should inform the construction unit of the contents to be corrected and time limit on the spot or within 5 working days. If the construction unit fails to make corrections within the time limit, the application should not be accepted.

  3.2.3 If the application does not fall within the scope of application of this Rules, administrative examination and approval departments for environmental impact assessment documents should not accept the application and should inform the construction unit to apply according to normal procedures.

  3.3 Examination and Approval

  After accepting environmental impact assessment documents for a construction project, administrative examination and approval departments for environmental impact assessment documents should not make technical assessment or substantive examination, and should, within 1 working day (excluding the time of hearing or public announcement), decide to examine such documents or not and notify the construction unit in writing.

  Where it is necessary to conduct a hearing or to investigate and verify public opinion or to solicit opinions from relevant departments,administrative examination and approval departments for environmental impact assessment documents may make relevant decisions within the statutory time limit according to the actual situation.

  Where objections are raised by the public during public announcement, and environmental impact assessment documents for the construction project are verified by investigation under the circumstance prescribed in Article 11 of theRegulations on the Administration of Environmental Protection for Construction Projects, administrative examination and approval departments for environmental impact assessment documents should disapprove of the project and explain the reason.

  3.4 Public Announcement

  Administrative examination and approval departments for environmental impact assessment documents should, on their websites, disclose relevant information and examination opinions about environmental impact assessment documents for the construction project accepted, except for information involving state secrets, trade secrets, personal privacy and information that may endanger national security, public security, economic security and social stability after disclosure. The time of public announcement should be determined in accordance with the Approaches of Public Participation in Environmental Impact Assessment.

  3.5 Service

  Administrative examination and approval departmentsfor environmental impact assessment documents should serve the reply document in accordance with the service method selected by the construction unit.

  4. Supervision Measures

  4.1 Carry out a review. Administrative examination and approval departments for environmental impact assessment documents should, in principle, review environmental impact assessment documents for the construction project within 30 days after giving an approval decision.

  If the actual condition of the construction project is found to be inconsistent with the contents stated, administrative examination and approval departments for environmental impact assessment documents should require the construction unit to make corrections within a time limit, and may revoke the approval decision in accordance with the law. If major quality problems are found in the environmental impact report (form) or environmental protection measures proposed are not feasible, the approval decision should be revoked according to the law. If the approval decision is revoked due to aforesaid reasons, all legal and economic liabilities should be borne by the construction unit and the preparation unit of environmental impact assessment documents. For a project whose approval decision is revoked in accordance with the law, the notification and commitment system should no longer apply.

  4.2 Strengthen environmental supervision. Environmental impact assessment documents for construction projects should be incorporated into the scope of environmental supervision for whole-process supervision after they are approved of based on the notification and commitment system. Law enforcement and supervision departments for ecological environment should, in accordance with the oversight model of random inspection and public release, supervise and inspect the implementation of environmental protection measures and commitments by construction units. Construction units that fail to fulfill their principal responsibilities for ecological and environmental protection and have illegal acts and environmental management problems should be investigated and processed in accordance with laws and regulations.

  ThisRules should come into force as of the date of printing and distributing and be valid for three years.

  Attachment:

  1.Application Form for Examining Environmental Impact Assessment Reports (Forms) for Construction Projects in Guangzhou Based on the Notification and Commitment System (Sample) 

  2. Letter of Commitment for Examining Environmental Impact Assessment Report (Form) for ××××Construction Project Based on the Notification and Commitment System (Sample)

  3.Decision of Administrative Examination and Approval Departments for Environmental Impact Assessment Documents on Approving of Environmental Impact Assessment Report (Form) for ××××Construction Project Based on the Notification and Commitment System (Sample)

  4.Decision of Administrative Examination and Approval Departments for Environmental Impact Assessment Documents on Disapproving of Environmental Impact Assessment Report (Form) for ××××Construction Project Based on the Notification and Commitment System (Sample)

  Disclosure: Active Disclosure

  Attachment 1

  

    

 Application Form for Examining Environmental Impact Assessment Reports (Forms) for Construction Projects in Guangzhou Based on the Notification and Commitment System 

(Sample)

   

  Applicant Unit:             

  Unified Social Credit Code Organization/Institution Code 

  Business Registration CodeTax Registration No.

  (Choose Either):            

  Legal Representative:                    ID Card No:                

  Unit Address:                         

  Unit Fax:                 

  Contact Person of Construction Unit:                  

  Mobile Phone No:                   

  Item of Application:Examining the environmental impact assessment report (form) for ××× construction project based on the notification and commitment system

  Facts and Grounds of Application: According to theLaw of the People’s Republic of China on Environmental Impact Assessment, the Regulations on Environmental Protection and Management for Construction Projects, the Notice of the Department of Ecology and Environment of Guangdong Province on Printing and Distributing Examination and Approval Procedures of Environmental Impact Assessment Documents for Construction Projects Based on the Notification and Commitment System and the Detailed Implementation Rules of Guangzhou Municipal Ecological Environment Bureau on ×××××××× (Trial), we hereby submit the environmental impact report (form), the letter of commitment and related materials to your bureau for examination and approval.

  Commitment: We have read our environmental impact assessment documents and related materials thoroughly and are fully aware of their contents. All submitted materials are legal, valid, true and accurate, and we are responsible for substantial contents of our application materials.

  Authorization: We hereby authorize  (ID card number:               ; mobile phone number:                  ) to apply for this license and acquire license documents on behalf of this unit.

  Statement: The environmental impact report (form) for ×××× construction project and the statement on accepting/rejecting public opinion (an item included in the report) provided by this unit do not contain state secrets, trade secrets and personal privacy and we agree to disclose them in accordance with relevant regulations.

  Applicant Unit:(Official Stamp)  

  Legal Representative:(Original Signature)  

Date:


  Attachment 2

   

 Letter of Commitment for Examining Environmental Impact Assessment Report (Form) for ×××× Construction Project Based on the Notification and Commitment System

(Sample)


  Applicant Unit (Stamp):           Application Date:

Project Name


Location of Construction Site


Unified Project Investment Code


Industry Type of National Economy


Industry Type of Environmental Impact Assessment


Construction Content and Scale


Major Pollution Prevention Measures


Construction Unit


Legal Representative


Correspondence Address


Unified Social Credit Code (Organization/Institution Code)


Contact Peron


  Contact No.


Name of Preparation Unit for Environmental Impact Report (Form)


Preparation Director


Vocational Qualification Certificate No.


Correspondence Address


  Contact No.


Major Preparation Members


Commitment of Construction Unit

  We have learned about relevant requirements of examining environmental impact assessment reports (forms) for construction projects in Guangzhou based on the notification and commitment system and voluntarily choose the examination based on the notification and commitment system. We hereby undertake the following matters:

  1. We are responsible for the authenticity of the environmental impact report (form) and related materials of this project. All materials submitted by us are legal, true, accurate and valid, and written materials are consistent with online application materials. We are responsible for the contents filled in and agree that administrative ecological environment departments will include this application into social credit assessment. If there is any trust-breaking behavior, we will accept credit punishment according to the law.

  2. We have examined the environmental impact report (form) for the ×××× construction project and confirmed there is no case of disapproval as stipulated in Article 11 of the Regulations on Environmental Protection and Management for Construction Projects. Relevant contents conform to the requirements of ecological and environmental laws and regulations, standards and technical specifications. The source of indicators for the total amount of major pollutants have been examined by ecological environment departments, and we are responsible for the contents and conclusions. In case of major changes in the nature, scale, location, adopted production technology or preventive measures for pollution and ecological damage of the construction project, we will finish corresponding environmental protection procedures in accordance with relevant laws and regulations.

  3. This project conforms to ecological environment laws and regulations and relevant statutory planning and management policies. We will proceed our construction in strict accordance with the construction content and scale we have undertaken. During our construction and operation, we will strictly implement preventive measures for pollution and ecological damage set out in the environmental impact report (form). Our pollutant discharge will comply with relevant standards and total amount control requirements.

Commitment of Preparation Unit for Environmental Impact Report (Form)

  In strict accordance with ecological environment laws and regulations, standards and technical specifications, we conduct the environmental impact assessment for the project and prepare the Environmental Impact Report (Form) for ×××× Construction Project.

  We hereby undertake that:

  1. The environmental impact report (form) for this project has no case of disapproval as stipulated in Article 11 of the Regulations on Environmental Protection and Management for Construction Projects and no quality problems as stipulated in Articles 26 and 27 of the Measures for Supervising and Managing the Preparation of Environmental impact Reports (Forms) for Construction Projects.

  2. We accept the technical assessment and review of Guangzhou Municipal Ecological Environment Bureau on the environmental impact report (form) for this project and should be punished according to the law if there is any quality problem in preparation.

  In case of violation of aforesaid commitments, we should bear corresponding responsibilities.

  Preparation Unit for Environmental Impact Report (Form) (Stamp):  

  Preparation Director (Signature):

  Date:

  This letter of commitment is made in triplicate, each kept by administrative examination and approval departments for environmental impact assessment documents, the construction unit and the preparation unit respectively.

  Attachment 3

  Sui Huan Guan Ying Cheng Nuo[20 ] No.

 

  Decision of Administrative Examination and Approval Departments for Environmental Impact Assessment Documents on Approving of Environmental Impact Assessment Report (Form) for ×××× Construction Project Based on the Notification and Commitment System

  (Sample)

  ×××× (Construction Unit),

  We have received the Environmental Impact Report (Form) for ×××× Construction Project and the Letter of Commitment for Examining Environmental Impact Assessment Report (Form) for ×××× Construction Project Based on the Notification and Commitment System submitted by your unit. Our reply is as follows:

  This project is a ... construction project for the pilot reform of examining environmental impact assessment documents based on the notification and commitment system proposed in theNotice of the General Office of Guangdong Provincial People’s Government on Printing and Distributing the Guiding Opinions on Deepening the Reform of the Environmental Impact Assessment System in Guangdong Province (Yue Ban Han [2020] No. 44) (or a ... construction project for the pilot reform of examining environmental impact assessment documents based on the notification and commitment system proposed in the Guidelines on Coordinating Epidemic Prevention and Control with Economic and Social Development and Ecological and Environmental Protection (Huan Zong He [2020] No. 13) by the Ministry of Ecology and Environment and the Detailed Implementation Rules on Examining Environmental Impact Assessment Documents for Construction Projects in Guangzhou Based on the Notification and Commitment System (Trial)). Its environmental impact report (form) has been approved based on the notification and commitment system as required. You should fulfill your main responsibility of ecological and environmental protection, and strictly implement measures to prevent pollution and ecological damage during the construction and operation of this project.

  You should be responsible for the contents and conclusions of the environmental impact report (form). In case of any violation of any commitment, this bureau will make decisions not limited to the revocation of this reply.

  Administrative Examination and Approval Departments for Environmental Impact Assessment Documents

  Date:

  Attachment 4

  Sui Huan Guan[20 ] No.

  Decision of Administrative Examination and Approval Departments for Environmental Impact Assessment Documents on Disapproving of Environmental Impact Assessment Report (Form) for ×××× Construction Project Based on the Notification and Commitment System

(Sample)

  ×××× (Construction Unit),

  We have received theEnvironmental Impact Report (Form) for ×××× Construction Project and the Letter of Commitment for Examining Environmental Impact Assessment Report (Form) for ×××× Construction Project Based on the Notification and Commitment System submitted by your unit.

  During the public announcement of the×××× construction project conducted by this bureau in accordance with regulations, the public raised objections. After investigation and verification, the project has the following problems:

  1....

  ...

  The above problems fall in “...” stipulated in Article 11 of theRegulations on Environmental Protection and Management for Construction Projects. Therefore, this bureau decides not to approve of the environmental impact report (form) for the ×××× construction project.

  If you refuse to accept this decision, you may apply for administrative reconsideration to the Department of Ecology and Environment of Guangdong Province or Guangzhou Municipal People’s Government within 60 days from the date of receiving the decision, or bring an administrative lawsuit to any court that has jurisdiction in accordance with the law within 6 months from the date of receiving the decision.

 

Administrative Examination and Approval Departments for Environmental Impact Assessment Documents

Date:

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