The “Decision of the Standing Committee of the National People’s Congress on Amending Six Laws, Including the Energy Conservation Law of the People’s Republic of China” was adopted at the 21st Session of the Standing Committee of the 12th National People’s Congress of the People’s Republic of China on. 2016 Year 7 Moon 2 Passed on the same day. The amendments made to the “Environmental Impact Assessment Law of the People’s Republic of China” shall take effect from: 2016 Year 9 Moon 1 Effective from the date of issuance 。

The Environmental Impact Assessment Enthusiasts Network has organized and summarized the revised content, with the main comparisons as follows:

1 Environmental impact assessment approval will no longer serve as a prerequisite for approval.

Before modification:

Article 25 of the original Environmental Impact Assessment Law explicitly stipulates that only after the environmental impact assessment approval for a construction project has been completed can an application be made to the development and reform authorities for approval of the feasibility study report or project approval for enterprise investment projects.

After modification,

Environmental impact assessment (EIA) administrative approval will no longer serve as a prerequisite for the approval of feasibility study reports or project approvals. Instead, EIA approval will be conducted concurrently with the approval of feasibility study reports or project approvals—but it must still be completed before construction begins.

Before modification:

Article 25   If the environmental impact assessment document for a construction project has not been reviewed by the approval authority prescribed by law, or if it has been reviewed but not approved, the approval authority shall not approve the project’s construction, and the project developer shall not commence construction.

After modification:

Article 25 shall be amended to read: “If the environmental impact assessment document for a construction project has not been reviewed by the competent approval authority in accordance with the law, or if it has been reviewed but not approved, the construction entity shall not commence construction.”

Before modification:

Article 32: If a construction project is required by law to undergo an environmental impact assessment but fails to do so, or if the environmental impact assessment document has not been approved in accordance with the law, and the approving authority nevertheless approves the project’s construction, the directly responsible principal personnel and other directly liable personnel shall be subject to administrative disciplinary action by their superior authorities or supervisory organs in accordance with the law. If such conduct constitutes a crime, criminal liability shall be pursued in accordance with the law.

After modification:

Delete Article 32.

2 Change the approval process for environmental impact registration forms to a filing system.

Before modification:

Article 22: The environmental impact assessment documents for construction projects shall be submitted by the project developer to the environmental protection administrative authority with approval powers, in accordance with the regulations of the State Council.

After modification:

Article 22 shall be amended to read: “The environmental impact assessment report and the environmental impact assessment form for a construction project shall be submitted by the project proponent to the environmental protection administrative authority with approval powers, in accordance with the regulations of the State Council.”

The state implements a filing-based management system for environmental impact registration forms.

3 The approval of soil and water conservation plans will no longer be used as a prerequisite for environmental impact assessments.

Before modification:

Article 17 of the original Environmental Impact Assessment Law stipulates that for construction projects involving soil and water conservation, the environmental impact report must include a soil and water conservation plan that has been reviewed and approved by the competent water administration authority.

After modification

To further streamline administration and delegate power, and to optimize the approval process, the revised regulations no longer require the approval of soil and water conservation plans by the water administrative authorities as a prerequisite for environmental impact assessments.

Before modification:

Article 17, Paragraph 2   Construction projects involving soil and water conservation must also have a soil and water conservation plan that has been reviewed and approved by the competent water administration authority.

After modification:

Delete paragraph 2 of Article 17.

4 Cancel industry pre-approval.

The preliminary review of the Environmental Impact Report and the Environmental Impact Statement has been canceled.

Before modification:

Article 22: The environmental impact assessment documents for construction projects shall be submitted by the project developer to the environmental protection administrative authority with approval powers in accordance with the regulations of the State Council. If a construction project falls under the jurisdiction of a specialized industry authority, its environmental impact report or environmental impact statement shall first undergo a preliminary review by the specialized industry authority before being submitted to the environmental protection administrative authority with approval powers for approval.

After modification:

Article 22 shall be amended to read: “The environmental impact assessment report and the environmental impact assessment form for a construction project shall be submitted by the project proponent to the environmental protection administrative authority with approval powers, in accordance with the regulations of the State Council.”

5 Provisions have been added to revise and improve the draft plan based on the conclusions of the environmental impact assessment and review comments.

Before modification:

Article 14: When reviewing draft special plans, the people's governments at or above the prefectural-level city level or the relevant departments of the people's governments at or above the provincial level shall regard the conclusions of the environmental impact assessment report and the review opinions as important bases for decision-making.

If the conclusions of the environmental impact assessment report and the review comments are not adopted during the approval process, an explanation shall be provided and the documentation shall be filed for future reference.