They may be determined to fall under minor circumstances and be exempt from charges or criminal punishment. Are there specific defences in the case of directors’ or officers’ liability? According to the provisions of the Environmental Protection Law, China implements comprehensive licence management for enterprises’ pollutant discharges. 25, 2014). Some basic environmental protection rules for the country, including those on environmental planning, standards, and monitoring, have been updated. The Law on Soil Pollution Prevention and Control came into effect on 1 January 2019 and stipulates the prevention, risk control and remediation of soil pollution. The State Council exercises ownership of water resources on behalf of the state. Environmental criminal litigation is initiated by the procuratorate organs in the name of the state to investigate the criminal liability for environmental pollution. What is the procedure for making administrative decisions? Department rules formulated by ministries and commissions under the State Council. But the revised draft version, promulgated on 5 July 2019, stipulates that the state will gradually basically import zero solid waste. The new Law on Soil Pollution Prevention and Control came into effect on 1 January 2019 and stipulates the prevention, risk control and remediation of soil pollution. Are civil claims allowed regarding infringements of environmental law? What are the main features of the rules governing hazardous products and substances?

The Technical Provisions on the Evaluation of Soil Pollution in China issued by the Ministry of Environmental Protection provides guidance and norms for soil pollution assessment. ), The original 47-article Environmental Protection Law has now been expanded to 70 articles. This penalty is apparently more severe than that in the previous version of the Law, in which a one-time penalty was imposed on each illegal activity. Understand your clients’ strategies and the most pressing issues they are facing. Are there specific rules governing hazardous activities? ", © Copyright 2006 - 2020 Law Business Research.

According to Xin Chunying, Deputy Director of the National People’s Congress Law Committee, China has passed, in addition to the Environmental Protection Law itself, about 30 laws, 90 administrative regulations, and a lot of environmental standards over the years. At the decision-making stage, the parties shall have the right to make statements and offer a defence, and to request a hearing. The ‘three systems’ - the administrative law enforcement publication system, the recording system of the whole process of law enforcement, and the legal review system of major law enforcement decisions - shall be fully implemented in administrative procedures. Apart from first instance judgment of the Supreme People’s Court, appeal may be made to a people’s court at a higher level at most once. The scope of compensation for ecological environmental damage includes reasonable expenses such as removal of pollution, restoration of ecological environment, loss of service functions during restoration of ecological environment, losses caused by permanent damage to ecological environmental functions and investigation and appraisal of ecological environmental damage compensation. Is environmental protection taken into consideration by public procurement regulations? The reform plan establishing a compensation system for ecological environment damage stipulates that after damage to the ecological environment has occurred, the people’s government shall have the right to bring an action for compensation for damage to the ecological environment to the court. The Environmental Protection Law stipulates that the time limitation for instituting an environmental action for damages shall be three years, starting from the time when a party knows or should have known the harm caused to the party. (Peng Bo & Mao Lei, Huanbao Fa 25 Nian Shouci Daxiu [First Major Revision of the Environmental Protection Law in 25 Years], PEOPLE.CN (Apr. 25, 2014), The Central People’s Government of the People’s Republic of China website; English translation available through Westlaw China online subscription database. Entities that discharge pollutants in the air must obtain a pollutant discharge licence that meets the national and local standards on atmospheric pollutants discharge. I find Lexology a helpful and enjoyable update on current issues and would like to continue reading it.

Donate With a wide-range of webinars coming up this month, register for free and hear from legal experts covering the most poplar topics from around world. The expenses incurred for carrying out and organising the investigation of the soil pollution situation, soil pollution risk assessment, risk control or remediation, pollution effects assessment, remediation assessment, or later-stage management shall be borne by the parties liable for the soil pollution. In financing, IPO, real estate transactions, company reorganisation and bankruptcy procedures, due diligence is required. Are there any emerging trends or hot topics in environment law in your jurisdiction? The status of the enterprise’s environmental compliance, environmental credit, and whether there is a major environmental pollution compensation lawsuit should be investigated so as to control the transaction risk.

If the party concerned refuses to accept the decision, it may legally apply for an administrative reconsideration or bring an administrative lawsuit against the administrative decision or act. Jobs |

The competent administrative departments for public security, communications, railways and civil aviation, as well as harbour superintendency administrations at various levels, shall, within their respective functions and duties, exercise supervision and administration of the prevention and control of noise pollution by traffic and social activities.

At a glance: enforcement of environmental law in China, In brief: GHG emission regulation and allowances in China, Renewable energy and carbon capture in China, Environmental liabilities increasing in China under new torts law - understanding existing environmental laws and regulations is crucial, Overview on the Newly Amended Law of the Peoples Republic of China on Prevention and Control of Environmental Pollution Caused by Solid Waste, Manufacturers’ legal liabilities for environmental pollution, Q&A: environmental regulation in Dominican Republic.

), Increased Penalties: Fines on a Daily Basis.

The Chinese regulation of governing hazardous products and substances is mainly reflected in the safety regulation of hazardous chemicals. According to Measures for Environmental Administrative Punishment, when investigating and gathering evidence, there shall be at least two investigators who must show their Chinese environmental supervision certificates or other administrative law enforcement certificates and make on-the-spot inspection records and on-site inspection sampling, and produce a monitoring report. When purchasing shares, whether the company belongs to an industry in the list prohibited and limited by the state should be considered, and the environmental credit of the company should be investigated to see if the company has administrative penalties and compensation for environmental pollution. (Environmental Protection Law [in Chinese] (Apr. What are the main features of the rules protecting natural spaces and landscapes? There are Sound Environmental Quality Standards in China, as well as noise emission standards such as the Noise Standard for Industrial Enterprises and the Environmental Noise Emission Standard for Construction Sites. Where the environmental pollution is caused by two or more polluters, the seriousness of liability of each polluter shall be determined according to the type of pollutant, volume of emission and other factors.

The main legislation for the prevention and control of environmental pollution caused by noise and vibration is the Law on Prevention and Control of Pollution From Environmental Noise, in which the competent administrative department for environmental protection under the State Council and local people’s governments at or above the county level exercise unified supervision and administration of the prevention and control of environmental noise pollution throughout the country and within their respective administrative regions. If you would like to learn how Lexology can drive your content marketing strategy forward, please email enquiries@lexology.com. " To what extent is regulatory policy affected by these treaties? The person under inspection shall truthfully report the situation and provide the necessary information. Damage caused by environmental pollution is mainly stipulated in the Tort Law of the People’s Republic of China. The Ministry of Ecology and Environmental Protection in China has formulated the Measures for Pollutant Discharge Permitting Administration (For Trial Implementation) and List of Pollutant Discharge Permit Management for Stationary Sources, implementing comprehensive control of water pollutants discharge, atmospheric pollutants discharge and other pollutants discharged by entities included in the list. At present, market access for specific chemicals is prohibited mainly for the purpose of fulfilling relevant international treaty obligations. The new Law will enter into effect on January 1, 2015. The Measures for Environmental Administrative Punishment stipulate that the types of environmental administrative punishment include a warning; fines; an order to stop production for rectification; an order to stop production, business operation or close down; temporarily withholding or revoking a licence or other certificates that are in nature a licence; confiscating illegal gains or illegal properties; administrative detention; and any other type of administrative punishment as prescribed in any law or administrative regulation. China also has energy efficiency requirements for buildings. Become your target audience’s go-to resource for today’s hottest topics. According to the Environmental Protection Law, government agencies and other organisations using fiscal funds shall, when purchasing and using products, equipment and facilities, give priority to those that are energy-saving, water-saving, material-saving or otherwise conducive to protecting the environment. According to the Tort Law of the People’s Republic of China, where any dispute arises over environmental pollution, the polluter shall assume the burden to prove that it should not be liable, that its liability could be mitigated under certain circumstances as provided for by law or to prove that there is no causation between its conduct and the harm. The updated law includes stricter punishments on polluters. At present, the system of compensation for damage to the ecological environment is being set up on a trial basis. Entry is prohibited to the core area. Manufacturers, sellers, importers and users shall be responsible for the prevention and control of solid waste pollution produced thereby. Activities such as scientific experiments, educational practice, visits and tourism may be carried out in the experimental zone. The new Environmental Protection Law also states that such social organizations filing public interest lawsuits must not make use of suits to seek economic benefits.

Are environmental law proceedings in court civil, criminal or both?