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The Notice of Guangzhou Municipal Ecological Environment Bureau on Printing and Distributing the Regulations of Guangzhou Municipal Ecological Environment Bureau on Standardizing Administrative Licensing Discretion

  

Sui Huan Gui Zi [2021] No. 4

 

All sections, offices and sub-bureaus of this bureau, monitoring stations and all directly affiliated units:

  In order to standardize administrative licensing forecological and environmental protection, protect legitimate rights and interests of citizens, legal persons and other organizations, and strengthen law-based and rational administration, according to the Law of the People’s Republic of China on Administrative Licensing, the Law of the People’s Republic of China on Environmental Protection and the Regulations of Guangzhou Municipality on Standardizing Administrative Law Enforcement Discretion, and based on the actual situation in Guangzhou, this bureau formulates the Regulations of Guangzhou Municipal Ecological Environment Bureau on Standardizing Administrative Licensing Discretion. It is hereby printed and distributed. Please comply to and implement it. If you there is any problems during implementation, please report to this bureau directly.

  Guangzhou Municipal EcologicalEnvironment Bureau

  April 8, 2021


  Regulations of Guangzhou Municipal Ecological Environment Bureau on Standardizing Administrative Licensing Discretion

  Article 1 In order to standardize administrative licensing for ecological and environmental protection, protect legitimate rights and interests of citizens, legal persons and other organizations and strengthen law-based and rational administration in administrative licensing for ecological and environmental protection, according to the Law of the People’s Republic of China on Administrative Licensing, the Law of the People’s Republic of China on Environmental Protection and the Regulations of Guangzhou Municipality on Standardizing Administrative Law Enforcement Discretion, and based on the actual situation in Guangzhou, this Regulations is formulated.

  Article 2 Administrative licensing discretion mentioned in this Regulations refers to the power of ecological environment authorities and their authorized examination and approval organs to make their own judgments and make decisions in the process of administrative licensing in light of specific circumstances within the scope and range prescribed by laws, regulations and rules and in accordance with legislative purposes as determined by laws, regulations and rules and the principle of fairness and reasonableness.

  Article 3This Regulations is applicable to ecological environment authorities in Guangzhou and their authorized examination and approval organs when exercising their administrative licensing discretion.

  Specific administrative licensing items include examining and issuing medical waste business permit, radiation safety permit and sewage discharge permit, approving of stopping centralized pollutant treatment facilities, the qualification of waste electrical and electronic products processing companies, dismantling or idling pollution prevention and control facilities and the check of environmental protection facilities of marine engineering construction projects, examining the installation of pollution discharge outlets to rivers and environmental impact assessment documents for construction projects, etc.

  Article 4 Ecological environment authorities and their authorized examination and approval organs should exercise their administrative licensing discretion in accordance with the principle of openness, fairness, justice, rationality, efficiency, convenience and non-discrimination.

  Article 5 Ecological environment authorities and their authorized examination and approval organs should treat administrative counterparts on an equal footing, fully listen to statements and arguments of applicants and interested parties, and give basically the same treatment when the facts, nature, circumstances and other factors are basically the same or similar.

  Article 6 Ecological environment authorities and their authorized examination and approval organs should establish administrative licensing service agencies to settle in government affairs service centers at corresponding levels as required and authorize government affairs service centers at corresponding levels to accept administrative license applications and serve administrative license decisions. Administrative licensing service agencies should provide consulting service, progress inquiry, complaint and reporting channels and so on.

  Article 7 Ecological environment authorities and their authorized examination and approval organs should design guidelines for handling administrative licensing items and publicize administrative license items, basis, conditions, quantity, procedures, time limit, catalogue of all materials to be submitted, sample application forms, etc. in their public office spaces, on www.gdzwfw.gov.cn, on Guangdong’s administrative law enforcement information disclosure platforms and so on as required. Where an applicant requests interpretations or explanations of the content publicized, they should provide interpretations or explanations and provide accurate and reliable information.

  Article 8 To apply for an administrative license to ecological environment authorities and their authorized examination and approval organs, the applicant should truthfully submit relevant materials and be responsible for the authenticity of application materials.

  Article 9For administrative licensing items that are subject to the notification and commitment system in Guangzhou, the applicant may apply in accordance with the notification and commitment system, and ecological environment authorities and their authorized examination and approval organs should handle the application in time according to the law.

  Article 10 Ecological environment authorities and their authorized examination and approval organs should examine application materials and handle them separately according to the following circumstances:

  10.1 If the application item falls within the scope of functions and powers of ecological environment authorities and their authorized examination and approval organs, and application materials are complete and in a legal form, the application should be accepted;

  10.2 If the application does not need an ecological environment administrative license according to the law, ecological environment authorities and their authorized examination and approval organs should notify the applicant immediately that the application is rejected and why;

  10.3 If the application is beyond the scope of functions and powers of ecological environment authorities and their authorized examination and approval organs, they should reject the application immediately and notify the applicant to apply to relevant administrative organs;

  10.4 If there are any mistakes in application materials that can be corrected on the spot, the applicant should be allowed to correct them on the spot;

  10.5 If application materials are incomplete or not in a legal form, ecological environment authorities and their authorized examination and approval organs should notify the applicant of all the contents that need to be corrected on the spot or within 5 days. If they fail to do so within the time limit, the application should be deemed accepted as of the date of receipt of application materials. They should accept the application after the applicant submits all supplementary materials as they have required.

  Ecological environment authorities and their authorized examination and approval organs should issue a written certificate affixed with their special seals and marked with the date to accept or reject the application or notify of supplement and correction. In case of rejection, they should notify of the reason, ground, administrative reconsideration, administrative litigation rights, time limit and channels.

  Article 11 The administrative license for ecological environment acquired by the applicant according to the law should be protected by the law, and ecological environment authorities and their authorized examination and approval organs should not alter effective administrative licenses without authorization. Under any of the following circumstances, the administrative license that has taken effect may be altered or revoked according to the law, and the applicant should be compensated according to the law for any property losses caused thereby:

  11.1 Laws, regulations and rules on which the administrative license is based on are amended or annulled;

  11.2 Objective circumstances based on which the administrative license is granted have changed significantly for public interest.

  Article 12Under any of the following circumstances, ecological environment authorities and their authorized examination and approval organs that decide to issue administrative licenses may revoke administrative licenses at the request of interested parties or on the basis of their functions and powers:

  12.1Administrative licenses granted because any staff members abuse their powers and neglect their duties;

  12.2Administrative licenses granted beyond statutory functions and powers;

  12.3Administrative licenses granted against legal procedures;

  12.4 Administrative licenses granted to applicants who are not qualified or do not meet statutory requirements;

  12.5 Other circumstances under which administrative licenses may be revoked according to the law.

  Where an administrative license isacquired by cheating, bribery or other improper means, it should be revoked.

  Where an administrative license is revoked in accordance with Paragraph (1) of this article and lawful rights and interests of the licensee are harmed, the administrative organ should make compensation according to the law. Where an administrative license is revoked in accordance with Paragraph 2 of this article, the interests of the licensee based on the administrative license should not be protected.

  If an administrative license is revoked in accordance with Paragraph (1) and Paragraph (2) of this article, which may cause significant damage to public interest, it should not be revoked.

  Article 13 Under any of the following circumstances, ecological environment authorities and their authorized examination and approval organs should handle cancellation paperwork for the administrative license according to the law:

  13.1 The administrative license is not renewed upon expiration;

  13.2 The administrative license grants a specific qualification to a citizen who is deceased or incapacitated;

  13.3 The legal person or other organization terminate the administrative license according to the law;

  13.4 The administrative license is canceled or revoked according to the law, or the certificate of the administrative license is suspended according to the law;

  13.5 The administrative licensing item cannot be implemented due to force majeure;

  13.6 Other circumstances under which the administrative license should be canceled as stipulated by laws and regulations.

  Article 14The implementation and result of the administrative license for ecological environment should be publicized within the required time limit and contents on the website of this bureau, credit websites and Guangdong’s administrative law enforcement information disclosure platforms, except for those involving state secrets, trade secrets or personal privacy.

  Article 15Where an applicant conceals relevant information or provides false materials to apply for an administrative license for ecological environment, ecological environment authorities and their authorized examination and approval organs should not accept the application or issue the administrative license, and should give a warning in accordance with the Law of the People’s Republic of China on Administrative Licensing. Where the application is directly related to public safety, personal health, and life and property safety, the applicant should not apply for the administrative license again within 1 year.

  Article 16 Where the licensee commits any of the following acts, ecological environment authorities and their authorized examination and approval organs should impose administrative penalties according to the law. If the case constitutes a crime, criminal responsibility should be investigated according to the law:

  16.1The licensee acquires the administrative license by cheating, bribery and other improper means;

  16.2The licensee alters, resells, leases or lends the administrative license, or illegally transfers the administrative license by other means;

  16.3The licensee conducts activities beyond the scope of the administrative license;

  16.4 The licensee conceals relevant information, provides false materials or refuses to provide true materials reflecting his activities to the administrative organ in charge of supervision and inspection;

  16.5 Other violations stipulated by laws, regulations and rules.

  The applicant should not apply for the administrative license again within 3 years if the applicant acquires the administrative license by cheating as specified in Paragraph (1) of this article and the administrative license is directly related to public security, personal health, and life and property safety. If the case constitutes a crime, criminal responsibility should be investigated according to the law.

  Article 17 When examining applications for administrative licenses, if there are any violations of laws and regulations, ecological environment authorities, their authorized examination and approval organs and their staff members should, in accordance with the law, be ordered by competent authorities to make corrections, and directly responsible supervisors and other directly responsible persons should be given administrative sanctions according to the law. If a crime is constituted, they should be transferred to a judicial organ for investigation of criminal responsibility according to the law.

  Article 18 This Regulations should come into force as of the date of printing and distributing and be valid for five years.

  Disclosure:Active Disclosure


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