(Adopted at the 30th meeting of the Standing Committee of the Ninth National People's Congress on October 28, 2002, and amended for the first time in accordance with the Decision on Amending the Six Laws including the Energy Conservation Law of the People's Republic of China adopted at the 21st meeting of the Standing Committee of the Twelfth National People's Congress on July 2, 2016, and the 7th meeting of the Standing Committee of the Thirteenth National People's Congress on December 29, 2018 Second Amendment to the Decision on Amending the Seven Laws including the Labor Law of the People's Republic of China)
catalogue
Chapter I General Provisions
Chapter II Environmental Impact Assessment of Planning
Chapter III Environmental Impact Assessment of Construction Projects
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated for the purpose of implementing the strategy of sustainable development, preventing adverse effects on the environment caused by the implementation of planning and construction projects, and promoting the coordinated development of economy, society and the environment.
Article 2 The term "environmental impact assessment" as used in this Law refers to the methods and systems for analyzing, predicting and evaluating the environmental impact that may occur after the implementation of planning and construction projects, putting forward countermeasures and measures to prevent or mitigate adverse environmental impacts, and conducting follow-up monitoring.
Article 3 In the preparation of plans within the scope specified in Article 9 of this Law and the construction of projects that have an impact on the environment within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China, an environmental impact assessment shall be conducted in accordance with this Law.
Article 4 The environmental impact assessment must be objective, open and impartial, and take into account the possible impact of the implementation of the plan or construction project on various environmental factors and the ecosystem formed thereby, so as to provide scientific basis for decision-making.
Article 5 The State encourages relevant units, experts and the public to participate in environmental impact assessment in appropriate ways.
Article 6 The State strengthens the construction of the basic database and evaluation index system of environmental impact assessment, encourages and supports scientific research on the methods and technical specifications of environmental impact assessment, establishes the necessary information sharing system of environmental impact assessment, and improves the scientificity of environmental impact assessment.
The competent department of ecological environment under the State Council shall, together with the relevant departments under the State Council, organize the establishment and improvement of the basic database and evaluation index system of environmental impact assessment.
Chapter II Environmental Impact Assessment of Planning
Article 7 The relevant departments of the State Council, the local people's governments at or above the level of cities divided into districts and their relevant departments shall, in the course of planning, organize the environmental impact assessment of the relevant plans for the use of land, the construction, development and utilization of regions, river basins and sea areas, and compile the chapters or descriptions of the environmental impact of the plans.
The chapters or descriptions of environmental impacts in the plan shall analyze, predict and evaluate the possible environmental impacts after the implementation of the plan, propose countermeasures and measures to prevent or mitigate adverse environmental impacts, and submit them to the planning approval authority as part of the draft plan.
The examination and approval authority shall not approve the draft plan without a chapter or explanation on environmental impact.
Article 8 The relevant departments of the State Council, the local people's governments at or above the level of cities divided into districts and their relevant departments shall organize the environmental impact assessment of the relevant special plans for industry, agriculture, animal husbandry, forestry, energy, water conservancy, transportation, urban construction, tourism, and natural resources development (hereinafter referred to as the special plans) that they have organized to prepare before the draft of the special plan is submitted for examination and approval, And submit an environmental impact report to the authority that approved the special plan.
The guiding plans in the special plans listed in the preceding paragraph shall be subject to environmental impact assessment in accordance with the provisions of Article 7 of this Law.
Article 9 The specific scope of the plan for environmental impact assessment in accordance with the provisions of Articles 7 and 8 of this Law shall be formulated by the competent department of ecological environment under the State Council in conjunction with the relevant departments under the State Council and submitted to the State Council for approval.
Article 10 The environmental impact report of a special plan shall include the following contents:
（1） Analysis, prediction and assessment of the possible impact of the implementation of the plan on the environment;
（2） Countermeasures and measures to prevent or mitigate adverse environmental impacts;
（3） Conclusion of environmental impact assessment.
Article 11 With regard to a plan that may cause adverse environmental impacts and directly involve the public's environmental rights and interests, the preparation authority of a special plan shall hold a demonstration meeting, a hearing or take other forms to solicit the opinions of the relevant units, experts and the public on the draft environmental impact report before the draft plan is submitted for approval. However, this is not the case where confidentiality is required by national regulations.
The compilation authority shall carefully consider the opinions of the relevant units, experts and the public on the draft environmental impact report, and shall attach a statement on whether to adopt or not to adopt the opinions in the environmental impact report submitted for examination.
Article 12 When submitting the draft plan for approval, the preparation authority of the special plan shall attach the environmental impact report to the examination and approval authority for review; If the environmental impact report is not attached, the examination and approval authority shall not approve it.
Article 13 Before examining and approving the draft special plan and making decisions, the people's government at or above the level of a city divided into districts shall first convene representatives and experts from relevant departments to form an examination group to examine the environmental impact report. The review team shall put forward written review opinions.
The experts who participate in the review group specified in the preceding paragraph shall be determined by random selection from the list of experts in relevant disciplines in the expert pool established in accordance with the provisions of the competent department of ecological environment under the State Council.
For special plans that are examined and approved by the relevant departments of the people's governments at or above the provincial level, the examination measures for their environmental impact reports shall be formulated by the competent ecological and environmental department of the State Council in conjunction with the relevant departments of the State Council.
Article 14 If the review team puts forward suggestions for revision, the preparation authority of the special plan shall revise and improve the draft plan according to the conclusions and review opinions of the environmental impact report, and explain the adoption of the conclusions and review opinions of the environmental impact report; If not, the reasons shall be explained.
When examining and approving the draft special plan, the relevant departments of the people's government at or above the municipal level divided into districts or the people's government at or above the provincial level shall take the conclusions of the environmental impact report and the review opinions as an important basis for decision-making.
If the conclusions and review opinions of the environmental impact report are not adopted in the examination and approval process, an explanation shall be made and filed for future reference.
Article 15 After the implementation of a plan that has a significant impact on the environment, the compilation authority shall promptly organize the follow-up evaluation of the environmental impact and report the evaluation results to the examination and approval authority; In case of obvious adverse environmental impact, improvement measures shall be put forward in time.
Chapter III Environmental Impact Assessment of Construction Projects
Article 16 The State implements classified management of the environmental impact assessment of construction projects according to the degree of their impact on the environment.
The construction unit shall, in accordance with the following provisions, organize the preparation of the environmental impact report, the environmental impact report form or the filling of the environmental impact registration form (hereinafter referred to as the environmental impact assessment document):
（1） If it is likely to cause significant environmental impact, an environmental impact report shall be prepared to comprehensively evaluate the environmental impact;
（2） If it may cause slight environmental impact, an environmental impact report shall be prepared to analyze or specially evaluate the environmental impact;
（3） If the environmental impact is very small and it is not necessary to conduct environmental impact assessment, the environmental impact registration form shall be filled in.
The classified management directory of environmental impact assessment of construction projects shall be formulated and published by the competent department of ecological environment under the State Council.
Article 17 The environmental impact report of a construction project shall include the following contents:
（1） Overview of construction project;
（2） Current situation of the surrounding environment of the construction project;
（3） Analysis, prediction and assessment of the possible impact of the construction project on the environment;
（4） Environmental protection measures and technical and economic demonstration of the construction project;
（5） Economic profit and loss analysis of the environmental impact of the construction project;
（6） Suggestions on environmental monitoring of construction projects;
（7） Conclusion of environmental impact assessment.
The content and format of the environmental impact report form and the environmental impact registration form shall be formulated by the competent department of ecological environment under the State Council.
Article 18 The environmental impact assessment of a construction project shall avoid duplication with the planned environmental impact assessment.
As a whole construction project planning, the environmental impact assessment shall be carried out according to the construction project, and the planned environmental impact assessment shall not be carried out.
If the plan for which the environmental impact assessment has been carried out contains specific construction projects, the conclusion of the environmental impact assessment of the plan shall be an important basis for the environmental impact assessment of the construction project, and the content of the environmental impact assessment of the construction project shall be simplified according to the review opinions of the environmental impact assessment of the plan.
Article 19 The construction unit may entrust the technical unit to carry out the environmental impact assessment of its construction project and prepare the environmental impact statement and environmental impact statement of the construction project; If the construction unit has the technical ability of environmental impact assessment, it can carry out environmental impact assessment on its construction project and prepare the environmental impact report and environmental impact report of the construction project.
The preparation of the environmental impact statement and environmental impact statement of the construction project shall comply with the relevant national environmental impact assessment standards and technical specifications.
The competent department of ecological environment under the State Council shall formulate the capacity building guidelines and supervision measures for the preparation of the environmental impact statement and environmental impact statement of the construction project.
The technical unit entrusted to prepare the environmental impact statement and environmental impact statement of the construction project for the construction unit shall not have any interest relationship with the competent ecological environment department or other relevant examination and approval departments responsible for the examination and approval of the environmental impact statement and environmental impact statement of the construction project.
Article 20 The construction unit shall be responsible for the contents and conclusions of the environmental impact statement and environmental impact statement of the construction project, and the technical unit entrusted to prepare the environmental impact statement and environmental impact statement of the construction project shall bear corresponding responsibilities for the environmental impact statement and environmental impact statement of the construction project.
The competent ecological and environmental departments of the people's governments at or above the municipal level divided into districts shall strengthen the supervision, management and quality assessment of the units that prepare the environmental impact statement and environmental impact statement of the construction project.
The competent department of ecological environment responsible for examining and approving the environmental impact statement and environmental impact statement of the construction project shall record the relevant illegal information of the preparation unit, the preparation host and the main preparation personnel into the social integrity file, and include it into the national credit information sharing platform and the national enterprise credit information publicity system for public disclosure.
No unit or individual may designate a technical unit for the construction unit to prepare the environmental impact statement and environmental impact statement of the construction project.
Article 21 In addition to the circumstances that require confidentiality as stipulated by the State, the construction unit shall hold a demonstration meeting or hearing, or take other forms to solicit the opinions of the relevant units, experts and the public, before submitting for approval the environmental impact statement of the construction project which may have a significant impact on the environment and should prepare an environmental impact statement.
The environmental impact report submitted by the construction unit for approval shall be accompanied by a statement on the adoption or rejection of the opinions of the relevant units, experts and the public.
Article 22 The environmental impact statement and report form of a construction project shall be submitted by the construction unit to the competent department of ecological environment with the power of examination and approval in accordance with the provisions of the State Council.
The examination and approval of the marine environmental impact report of the marine engineering construction project shall be handled in accordance with the provisions of the Marine Environmental Protection Law of the People's Republic of China.
The examination and approval department shall, within 60 days from the date of receipt of the environmental impact statement and 30 days from the date of receipt of the environmental impact statement, respectively make the examination and approval decision and notify the construction unit in writing.
The State implements filing management on the environmental impact registration form.
No fees shall be charged for reviewing and approving the environmental impact statement, report form and environmental impact registration form of the construction project.
Article 23 The competent ecological and environmental department under the State Council is responsible for examining and approving the environmental impact assessment documents for the following construction projects:
（1） Construction projects of special nature such as nuclear facilities and top-secret projects;
（2） Construction projects across provinces, autonomous regions and municipalities directly under the Central Government;
（3） Construction projects approved by the State Council or approved by relevant departments authorized by the State Council.
The authority for examination and approval of environmental impact assessment documents for construction projects other than those specified in the preceding paragraph shall be prescribed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
The construction project may cause adverse environmental impacts across administrative regions. If the relevant ecological and environmental authorities dispute the conclusion of the environmental impact assessment of the project, the environmental impact assessment document shall be approved by the common superior ecological and environmental authorities.
Article 24 After the approval of the environmental impact assessment document of a construction project, if the nature, scale, location, production technology adopted or measures to prevent pollution and ecological damage of the construction project have changed significantly, the construction unit shall re-approve the environmental impact assessment document of the construction project.
If the environmental impact assessment document of a construction project is decided to start construction after more than five years from the date of approval, the environmental impact assessment document shall be submitted to the original examination and approval department for re-examination; The original examination and approval department shall, within ten days from the date of receiving the environmental impact assessment document of the construction project, notify the construction unit in writing of the review opinions.
Article 25 If the environmental impact assessment document of a construction project has not been examined by the examination and approval department according to law or has not been approved after examination, the construction unit shall not start construction.
Article 26 During the construction of a construction project, the construction unit shall simultaneously implement the environmental protection measures proposed in the environmental impact statement, the environmental impact statement and the approval opinions of the environmental impact assessment document approval department.
Article 27 In case of any situation that does not conform to the approved environmental impact assessment documents during the construction and operation of the project, the construction unit shall organize the post-evaluation of the environmental impact, take improvement measures, and report to the original environmental impact assessment document approval department and the construction project approval department for the record; The original examination and approval department of environmental impact assessment documents can also instruct the construction unit to conduct post-assessment of environmental impact and take improvement measures.
Article 28 The competent department of ecological environment shall track and inspect the environmental impact of the construction project after it is put into production or use, and shall find out the causes and responsibilities for the serious environmental pollution or ecological damage. If there are serious quality problems such as obvious untrue basic data, major defects, omissions or false contents, incorrect or unreasonable conclusions of the environmental impact assessment in the environmental impact statement and environmental impact statement of the construction project, the construction unit and its relevant responsible personnel shall be investigated in accordance with the provisions of Article 32 of this Law, and the preparation of the environmental impact statement of the construction project shall be commissioned Legal responsibilities of the technical unit and its relevant personnel in the environmental impact report form; If the staff of the examination and approval department neglects their duties and derelicts their duties and approves the environmental impact statement and environmental impact statement of the construction project that should not be approved according to law, they shall be investigated for legal responsibility in accordance with the provisions of Article 34 of this Law.
Chapter IV Legal Liability
Article 29 If the planning compilation authority, in violation of the provisions of this Law, fails to organize the environmental impact assessment, or commits fraud or dereliction of duty in organizing the environmental impact assessment, resulting in serious misrepresentation of the environmental impact assessment, the directly responsible person-in-charge and other directly responsible persons shall be subject to the supervision authority at the higher level according to law
catalogue
Chapter I General Provisions
Chapter II Environmental Impact Assessment of Planning
Chapter III Environmental Impact Assessment of Construction Projects
Chapter IV Legal Liability
Chapter V Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated for the purpose of implementing the strategy of sustainable development, preventing adverse effects on the environment caused by the implementation of planning and construction projects, and promoting the coordinated development of economy, society and the environment.
Article 2 The term "environmental impact assessment" as used in this Law refers to the methods and systems for analyzing, predicting and evaluating the environmental impact that may occur after the implementation of planning and construction projects, putting forward countermeasures and measures to prevent or mitigate adverse environmental impacts, and conducting follow-up monitoring.
Article 3 In the preparation of plans within the scope specified in Article 9 of this Law and the construction of projects that have an impact on the environment within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China, an environmental impact assessment shall be conducted in accordance with this Law.
Article 4 The environmental impact assessment must be objective, open and impartial, and take into account the possible impact of the implementation of the plan or construction project on various environmental factors and the ecosystem formed thereby, so as to provide scientific basis for decision-making.
Article 5 The State encourages relevant units, experts and the public to participate in environmental impact assessment in appropriate ways.
Article 6 The State strengthens the construction of the basic database and evaluation index system of environmental impact assessment, encourages and supports scientific research on the methods and technical specifications of environmental impact assessment, establishes the necessary information sharing system of environmental impact assessment, and improves the scientificity of environmental impact assessment.
The competent department of ecological environment under the State Council shall, together with the relevant departments under the State Council, organize the establishment and improvement of the basic database and evaluation index system of environmental impact assessment.
Chapter II Environmental Impact Assessment of Planning
Article 7 The relevant departments of the State Council, the local people's governments at or above the level of cities divided into districts and their relevant departments shall, in the course of planning, organize the environmental impact assessment of the relevant plans for the use of land, the construction, development and utilization of regions, river basins and sea areas, and compile the chapters or descriptions of the environmental impact of the plans.
The chapters or descriptions of environmental impacts in the plan shall analyze, predict and evaluate the possible environmental impacts after the implementation of the plan, propose countermeasures and measures to prevent or mitigate adverse environmental impacts, and submit them to the planning approval authority as part of the draft plan.
The examination and approval authority shall not approve the draft plan without a chapter or explanation on environmental impact.
Article 8 The relevant departments of the State Council, the local people's governments at or above the level of cities divided into districts and their relevant departments shall organize the environmental impact assessment of the relevant special plans for industry, agriculture, animal husbandry, forestry, energy, water conservancy, transportation, urban construction, tourism, and natural resources development (hereinafter referred to as the special plans) that they have organized to prepare before the draft of the special plan is submitted for examination and approval, And submit an environmental impact report to the authority that approved the special plan.
The guiding plans in the special plans listed in the preceding paragraph shall be subject to environmental impact assessment in accordance with the provisions of Article 7 of this Law.
Article 9 The specific scope of the plan for environmental impact assessment in accordance with the provisions of Articles 7 and 8 of this Law shall be formulated by the competent department of ecological environment under the State Council in conjunction with the relevant departments under the State Council and submitted to the State Council for approval.
Article 10 The environmental impact report of a special plan shall include the following contents:
（1） Analysis, prediction and assessment of the possible impact of the implementation of the plan on the environment;
（2） Countermeasures and measures to prevent or mitigate adverse environmental impacts;
（3） Conclusion of environmental impact assessment.
Article 11 With regard to a plan that may cause adverse environmental impacts and directly involve the public's environmental rights and interests, the preparation authority of a special plan shall hold a demonstration meeting, a hearing or take other forms to solicit the opinions of the relevant units, experts and the public on the draft environmental impact report before the draft plan is submitted for approval. However, this is not the case where confidentiality is required by national regulations.
The compilation authority shall carefully consider the opinions of the relevant units, experts and the public on the draft environmental impact report, and shall attach a statement on whether to adopt or not to adopt the opinions in the environmental impact report submitted for examination.
Article 12 When submitting the draft plan for approval, the preparation authority of the special plan shall attach the environmental impact report to the examination and approval authority for review; If the environmental impact report is not attached, the examination and approval authority shall not approve it.
Article 13 Before examining and approving the draft special plan and making decisions, the people's government at or above the level of a city divided into districts shall first convene representatives and experts from relevant departments to form an examination group to examine the environmental impact report. The review team shall put forward written review opinions.
The experts who participate in the review group specified in the preceding paragraph shall be determined by random selection from the list of experts in relevant disciplines in the expert pool established in accordance with the provisions of the competent department of ecological environment under the State Council.
For special plans that are examined and approved by the relevant departments of the people's governments at or above the provincial level, the examination measures for their environmental impact reports shall be formulated by the competent ecological and environmental department of the State Council in conjunction with the relevant departments of the State Council.
Article 14 If the review team puts forward suggestions for revision, the preparation authority of the special plan shall revise and improve the draft plan according to the conclusions and review opinions of the environmental impact report, and explain the adoption of the conclusions and review opinions of the environmental impact report; If not, the reasons shall be explained.
When examining and approving the draft special plan, the relevant departments of the people's government at or above the municipal level divided into districts or the people's government at or above the provincial level shall take the conclusions of the environmental impact report and the review opinions as an important basis for decision-making.
If the conclusions and review opinions of the environmental impact report are not adopted in the examination and approval process, an explanation shall be made and filed for future reference.
Article 15 After the implementation of a plan that has a significant impact on the environment, the compilation authority shall promptly organize the follow-up evaluation of the environmental impact and report the evaluation results to the examination and approval authority; In case of obvious adverse environmental impact, improvement measures shall be put forward in time.
Chapter III Environmental Impact Assessment of Construction Projects
Article 16 The State implements classified management of the environmental impact assessment of construction projects according to the degree of their impact on the environment.
The construction unit shall, in accordance with the following provisions, organize the preparation of the environmental impact report, the environmental impact report form or the filling of the environmental impact registration form (hereinafter referred to as the environmental impact assessment document):
（1） If it is likely to cause significant environmental impact, an environmental impact report shall be prepared to comprehensively evaluate the environmental impact;
（2） If it may cause slight environmental impact, an environmental impact report shall be prepared to analyze or specially evaluate the environmental impact;
（3） If the environmental impact is very small and it is not necessary to conduct environmental impact assessment, the environmental impact registration form shall be filled in.
The classified management directory of environmental impact assessment of construction projects shall be formulated and published by the competent department of ecological environment under the State Council.
Article 17 The environmental impact report of a construction project shall include the following contents:
（1） Overview of construction project;
（2） Current situation of the surrounding environment of the construction project;
（3） Analysis, prediction and assessment of the possible impact of the construction project on the environment;
（4） Environmental protection measures and technical and economic demonstration of the construction project;
（5） Economic profit and loss analysis of the environmental impact of the construction project;
（6） Suggestions on environmental monitoring of construction projects;
（7） Conclusion of environmental impact assessment.
The content and format of the environmental impact report form and the environmental impact registration form shall be formulated by the competent department of ecological environment under the State Council.
Article 18 The environmental impact assessment of a construction project shall avoid duplication with the planned environmental impact assessment.
As a whole construction project planning, the environmental impact assessment shall be carried out according to the construction project, and the planned environmental impact assessment shall not be carried out.
If the plan for which the environmental impact assessment has been carried out contains specific construction projects, the conclusion of the environmental impact assessment of the plan shall be an important basis for the environmental impact assessment of the construction project, and the content of the environmental impact assessment of the construction project shall be simplified according to the review opinions of the environmental impact assessment of the plan.
Article 19 The construction unit may entrust the technical unit to carry out the environmental impact assessment of its construction project and prepare the environmental impact statement and environmental impact statement of the construction project; If the construction unit has the technical ability of environmental impact assessment, it can carry out environmental impact assessment on its construction project and prepare the environmental impact report and environmental impact report of the construction project.
The preparation of the environmental impact statement and environmental impact statement of the construction project shall comply with the relevant national environmental impact assessment standards and technical specifications.
The competent department of ecological environment under the State Council shall formulate the capacity building guidelines and supervision measures for the preparation of the environmental impact statement and environmental impact statement of the construction project.
The technical unit entrusted to prepare the environmental impact statement and environmental impact statement of the construction project for the construction unit shall not have any interest relationship with the competent ecological environment department or other relevant examination and approval departments responsible for the examination and approval of the environmental impact statement and environmental impact statement of the construction project.
Article 20 The construction unit shall be responsible for the contents and conclusions of the environmental impact statement and environmental impact statement of the construction project, and the technical unit entrusted to prepare the environmental impact statement and environmental impact statement of the construction project shall bear corresponding responsibilities for the environmental impact statement and environmental impact statement of the construction project.
The competent ecological and environmental departments of the people's governments at or above the municipal level divided into districts shall strengthen the supervision, management and quality assessment of the units that prepare the environmental impact statement and environmental impact statement of the construction project.
The competent department of ecological environment responsible for examining and approving the environmental impact statement and environmental impact statement of the construction project shall record the relevant illegal information of the preparation unit, the preparation host and the main preparation personnel into the social integrity file, and include it into the national credit information sharing platform and the national enterprise credit information publicity system for public disclosure.
No unit or individual may designate a technical unit for the construction unit to prepare the environmental impact statement and environmental impact statement of the construction project.
Article 21 In addition to the circumstances that require confidentiality as stipulated by the State, the construction unit shall hold a demonstration meeting or hearing, or take other forms to solicit the opinions of the relevant units, experts and the public, before submitting for approval the environmental impact statement of the construction project which may have a significant impact on the environment and should prepare an environmental impact statement.
The environmental impact report submitted by the construction unit for approval shall be accompanied by a statement on the adoption or rejection of the opinions of the relevant units, experts and the public.
Article 22 The environmental impact statement and report form of a construction project shall be submitted by the construction unit to the competent department of ecological environment with the power of examination and approval in accordance with the provisions of the State Council.
The examination and approval of the marine environmental impact report of the marine engineering construction project shall be handled in accordance with the provisions of the Marine Environmental Protection Law of the People's Republic of China.
The examination and approval department shall, within 60 days from the date of receipt of the environmental impact statement and 30 days from the date of receipt of the environmental impact statement, respectively make the examination and approval decision and notify the construction unit in writing.
The State implements filing management on the environmental impact registration form.
No fees shall be charged for reviewing and approving the environmental impact statement, report form and environmental impact registration form of the construction project.
Article 23 The competent ecological and environmental department under the State Council is responsible for examining and approving the environmental impact assessment documents for the following construction projects:
（1） Construction projects of special nature such as nuclear facilities and top-secret projects;
（2） Construction projects across provinces, autonomous regions and municipalities directly under the Central Government;
（3） Construction projects approved by the State Council or approved by relevant departments authorized by the State Council.
The authority for examination and approval of environmental impact assessment documents for construction projects other than those specified in the preceding paragraph shall be prescribed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
The construction project may cause adverse environmental impacts across administrative regions. If the relevant ecological and environmental authorities dispute the conclusion of the environmental impact assessment of the project, the environmental impact assessment document shall be approved by the common superior ecological and environmental authorities.
Article 24 After the approval of the environmental impact assessment document of a construction project, if the nature, scale, location, production technology adopted or measures to prevent pollution and ecological damage of the construction project have changed significantly, the construction unit shall re-approve the environmental impact assessment document of the construction project.
If the environmental impact assessment document of a construction project is decided to start construction after more than five years from the date of approval, the environmental impact assessment document shall be submitted to the original examination and approval department for re-examination; The original examination and approval department shall, within ten days from the date of receiving the environmental impact assessment document of the construction project, notify the construction unit in writing of the review opinions.
Article 25 If the environmental impact assessment document of a construction project has not been examined by the examination and approval department according to law or has not been approved after examination, the construction unit shall not start construction.
Article 26 During the construction of a construction project, the construction unit shall simultaneously implement the environmental protection measures proposed in the environmental impact statement, the environmental impact statement and the approval opinions of the environmental impact assessment document approval department.
Article 27 In case of any situation that does not conform to the approved environmental impact assessment documents during the construction and operation of the project, the construction unit shall organize the post-evaluation of the environmental impact, take improvement measures, and report to the original environmental impact assessment document approval department and the construction project approval department for the record; The original examination and approval department of environmental impact assessment documents can also instruct the construction unit to conduct post-assessment of environmental impact and take improvement measures.
Article 28 The competent department of ecological environment shall track and inspect the environmental impact of the construction project after it is put into production or use, and shall find out the causes and responsibilities for the serious environmental pollution or ecological damage. If there are serious quality problems such as obvious untrue basic data, major defects, omissions or false contents, incorrect or unreasonable conclusions of the environmental impact assessment in the environmental impact statement and environmental impact statement of the construction project, the construction unit and its relevant responsible personnel shall be investigated in accordance with the provisions of Article 32 of this Law, and the preparation of the environmental impact statement of the construction project shall be commissioned Legal responsibilities of the technical unit and its relevant personnel in the environmental impact report form; If the staff of the examination and approval department neglects their duties and derelicts their duties and approves the environmental impact statement and environmental impact statement of the construction project that should not be approved according to law, they shall be investigated for legal responsibility in accordance with the provisions of Article 34 of this Law.
Chapter IV Legal Liability
Article 29 If the planning compilation authority, in violation of the provisions of this Law, fails to organize the environmental impact assessment, or commits fraud or dereliction of duty in organizing the environmental impact assessment, resulting in serious misrepresentation of the environmental impact assessment, the directly responsible person-in-charge and other directly responsible persons shall be subject to the supervision authority at the higher level according to law
