The draft amendment to the Environmental Protection Law has proposed stronger enforcement of the current environmental impact assessment system.

Projects that don't have an EIA should not start construction, and those that do commence construction without one may be required to halt and restore the site.

This is the first time such a requirement has been proposed in a law, although the State Council has previously issued a similar government policy.

Li Gang, a lawyer specializing in environment litigation, said the stipulation makes it possible to bring illegal construction without an EIA to court.

The draft also requires greater public involvement during the EIA process, stipulating that construction companies should solicit public opinion on projects before delivering the EIA application to local environmental authorities. Local environmental authorities, in turn, must release the report on their website in a timely manner.

China's EIA system has been criticized as a mere formality and lacking deterrent power after it was made mandatory in 2003.

Li said the financial penalty for those who start operation before going through an EIA is too light to deter illegal activities.

A report released by the Chinese Academy of Social Sciences earlier this month said the current EIA has not given equal and enough access to the public to get involved in the assessment process, and many projects are being launched secretly before their EIA is approved.

Besides, environmental protection in rural areas is also highlighted in the draft. County governments are required to install waste processing facilities in the countryside, and efforts should be made to regulate the use of pesticides and fertilizers.

China does not have environmental protection offices at grassroots governments under the county level, an institutional problem that has been criticized for hampering environmental protection in rural areas.

Zhao Yinan

(China Daily USA 06/27/2013 page4)