285 Regulations of the Shenzhen Special Economic Zone on the Environmental Protection of Construction Projects[深圳经济特区建设项目环境保护条例(2006)]

Archived（May 28, 2018）

(Adopted at the Seventh Meeting of the Standing Committee of the Fourth Shenzhen Municipal People’s Congress on July 26, 2006) 

Chapter I General Provisions 

       Article 1 In order to strengthen the environmental protection of construction projects, control the environmental pollution, and protect the ecological environment, these regulations are hereby formulated in accordance with the related laws, regulations and in light of the practical conditions of the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone). 

       Article 2 These regulations shall apply to the environmental protection of construction projects in the Special Zone. 

       Article 3 The setting up, construction, and examination and acceptance of construction projects shall follow the principle of giving priority to the environment, gradually reducing the total discharge of pollutants, public participating and supervising. 

       Article 4 Construction projects shall meet the requirements for the development of the circular economy in their planning, designing, and constructing, use resources sparingly, promote the recycle of wastes, prevent and reduce the environmental pollution. 

       Article 5 The administrative department of the municipal government in charge of environmental protection (hereinafter referred to as the municipal department of environmental protection) shall conduct the supervision and administration of the environmental protection of construction projects according to law. 

       The administrative departments of district governments in charge of environmental protection (hereinafter referred to as the district departments of environmental protection) shall conduct the supervision and administration of the environmental protection of construction projects in the areas under their jurisdiction according to law. 

Chapter II Setting up a Construction Project 

       Article 6 The municipal department of development and reform shall, jointly with the municipal departments of environmental protection, trade and industry, planning, etc., formulate and release a industry-oriented catalog of construction projects according to the national industry policy and the Special Economic Zone’s needs of environmental protection in order to guarantee the coordinated development of economy, society, and environment. 

       The municipal department of environmental protection may formulate a supplementary catalog of the prohibited projects and restricted projects concerning environmental protection included in the industry-oriented catalog referred to in the previous section.  

       Article 7 Departments of environmental protection shall make plans to control the total amount of pollutant discharge in their own administrative regions in order to achieve the goal of reducing the total amount of pollutant discharge year after year. 

       Article 8 Construction units shall make the environmental impact assessments of construction projects according to the state rules, and report to departments of environmental protection for examination and approval. 

       Article 9 In case of assigning the rights to use the state-owned land by inviting to bid, auctioning, and listing, the departments of land shall make environmental impact assessments according to the rules before inviting to bid, auctioning, and listing. Specific measures shall be formulated by the municipal government separately. 

       Article 10 The municipal department of environmental protection shall formulate the technical standards for working out the documents of the environmental impact assessments of construction projects, and submit them, according to the related rules, to the municipal department in charge of standardization for releasing and putting into implementation. 

       Professional institutions undertaking the environmental impact assessments of construction projects shall work out the documents of environmental impact assessments according to the requirements of the technical standards. 

       Article 11 The environmental impact assessments of construction projects shall reflect the requirements of the circular economy, and make analyses and assessments of the circular-industry chain which may be formed by construction projects and related products and industries. 

       The environmental impact assessments of construction projects shall make analyses and assessments of the major techniques used in construction projects, the sophistication of the technology, and the impact of materials on the environment, and put forward alternative plans or alleviation measures if it is necessary. 

       Article 12 When a construction unit reports its document of the environmental impact assessments of a construction project for approval, the following materials shall be submitted to the department of environmental protection at the same time:  

(1)   the document of the establishment of the construction unit or ID certificate; 

(2)   the certificate to use a place; 

(3)   the other materials prescribed by laws, regulations. 

As for the construction project of land development, the early stage plan issued 

by the department of development and reform and the written proposal of location of the construction project issued by the department of planning shall be submitted as well; in case of acquiring land through auction, the document to certify the land ownership shall be submitted. 

       Article 13 The construction unit undertaking one of the following construction projects shall organize experts to conduct a technical appraisal of the document of environmental impact assessments: 

(1)   the project which should have an environmental impact statement to be worked out according to law; 

(2)   the project which is the first of the kind for this city; 

(3)   the project on which there are major differences in hearings and proof-presenting. 

The specific measures on the technical appraisal shall be formulated by the 

municipal department of environmental protection separately. 

       Article 14 When departments of environmental protection examine the documents of environmental impact assessments and consider their approval, they may organize experts to conduct a technical appraisal of the construction projects which involve many factors of the environmental impact, complicated technology, and major differences. 

       Article 15 If a construction project is in one of the following situations, the department of environmental protection may not approve it and shall make an explanation: 

(1)   to violate the laws, regulations concerning environmental protection; 

(2)   to fail to keep in line with the national or local industry policy; 

(3)   the location is within the ecological control line (except for the project of public infrastructure) 

(4)   the conclusion of environmental impact assessments indicates that the project does not meet the requirements for environmental protection. 

Article 16 In the regions where the total amount of pollutants has exceeded the 

control quota, the ecology has been seriously damaged, or the ecological restoration has not been completed, departments of environmental protection shall temporarily suspend the examination and approval of the documents of the environmental impact assessments of the construction projects which increase the total amount of pollutant discharge or have a major impact on the ecological environment. 

       Article 17 Construction units shall, in accordance with the principle of recycling wastes, work out special plans for recycling, utilizing, and disposing of construction wastes, and report them to the related departments to be put on record before projects start their construction. 

       Article 18 Any unit and individual shall not rent out or lend land, buildings, structures to other units and individuals for the purpose to be used in prohibited construction projects; shall not assign, rent out or lend the facilities, which cause pollution, to the units and individuals incapable of correspondent pollution control. 

Chapter III Construction of Projects 

       Article 19 When undertaking a project which has an environmental impact, a construction unit shall build environmental protection facilities as necessary accessories according to the requirements of the decision made in the examination and approval of the document of environmental impact assessments. 

       Environmental protection facilities shall include: 

(1)   the facilities to prevent and control the pollution of waste water, waste gas, solid wastes, dust, smoke, foul smell, radioactive materials, noise, vibration, and electromagnetic radiation, etc.; 

(2)   the instruments to measure and the devices to monitor and sample the pollutant discharge; 

(3)   the line devices to monitor the sources of pollution and the devices to monitor the operation of environmental protection facilities; 

(4)   the various marks of environmental protection; 

(5)   the facilities to prevent environmental risks and to deal with them as an emergency; 

(6)   the other devices, equipments, and facilities of environmental protection prescribed by laws, regulations, and rules. 

       Article 20 Construction units shall entrust the professional institutions, which have corresponding qualifications, with the assessment of the engineering and technological plans for the facilities to prevent and control the environmental pollution listed in Item (1) of the second section of Article 19 of these regulations. 

       The engineering and technological plans which have been assessed shall be reported to the departments of environmental protection conducting the original examination and approval in order to be put on record before the projects start construction. The engineering and technological plans for environmental protection which have been put on record shall not be changed without authorization. If it is indeed necessary to make changes because of special circumstances, the changed plans shall be put on record as well. 

       Article 21 The projects which have been required to build accessory facilities to prevent and control pollution shall have accessory devices installed to monitor the operation of the facilities to prevent and control pollution. 

       Construction units shall install the line devices to monitor the major pollution sources producing pollutants such as waste water, waste gas, dangerous wastes, etc., and link them to the communication networks of departments of environmental protection, the data derived from monitoring may be used as the basis for the administrative law-enforcement. 

       The major pollution sources shall be made public regularly by departments of environmental protection. 

       Article 22 Construction units may, jointly with other units, build centralized facilities to dispose of pollutants, or entrust the units capable of disposition with the disposal of pollutants. 

       The units joining in the centralized disposition of pollutants shall sign a contract of pollution control to clarify the responsibilities to prevent and control pollution. If the responsibilities to prevent and control pollution have not been clarified, the units in charge of the administration, operation of the facilities to prevent and control the environmental pollution and to protect the environment shall take the responsibilities to prevent and control pollution. 

       Article 23 The construction project which should make an environmental impact statement shall put into practice a system of inspection and control of its project environment. The construction unit shall entrust the related professional institutions with supervision and inspection how the measures to prevent and reduce the environmental pollution and ecological damages are implemented in the process of construction, and entrust them also with on-the-spot inspection of the construction of environmental protection facilities.   

       The specific measures of inspection and control of the environment of construction projects shall be worked out by the municipal department of environmental protection separately. 

Chapter IV Examination and Acceptance of Projects 

       Article 24 Before the principal part of a project is put into production, operation, and using, the construction unit shall apply to the department of environmental protection for a trial of the operation of environmental protection facilities. The department of environmental protection shall, within the legal time limit, arrange an inspection before the environmental protection facilities are given an operation trial. 

       Article 25 After a construction project has been completed, the construction unit shall, according to law, apply to the department of environmental protection for the examination and acceptance of the environmental protection facilities. If the environmental protection facilities meet the following requirements, they shall be allowed to pass the examination and acceptance: 

(1)   the production capacity of a project reaches 75% or more of the designed capacity during the period of an operation trial; 

(2)   the installation of pollutant discharge pipes and networks, pollutant discharge outlets, monitoring and controlling devices meets the related requirements; 

(3)   the inspection for an operation trial arranged by the department of environmental protection has been passed; 

(4)   the acceptance rate of the monitored pollutant discharge during an operation trial reaches 80% or more; 

(5)   the amount of the pollutant discharge does not exceed 20% of the approved amount; 

(6)   the adopted techniques, technology, raw materials, and waste recycling meet the requirements of the approved document of environmental impact assessments; 

(7)   the other items prescribed by laws, regulations. 

The projects, the construction of which is conducted by stages or the production 

capacity of which during an operation trial does not meet the requirements referred to in the previous section, shall be examined and accepted by stages. 

       Article 26 If the environmental protection facilities of a construction project have passed the examination and acceptance, the department of environmental protection shall issue a certificate of examination and acceptance after the completion of a project; if the examination and acceptance has not been passed, an order shall be issued to stop the operation trial and to rectify by a deadline. 

       A construction unit shall present the certificate of examination and acceptance after the completion of a project referred to in the previous section to apply for a pollutant discharge permit according to the related rules. 

       Article 27 If the pollution sources, pollutant discharge of the environment-sensitive areas such as the protective zones of drinking water sources, nature reserves, scenic spots cannot be stabilized to meet the discharge standards or the total amount control quota, and there is no professional institution entrusted with the operation of the environmental protection facilities or the disposal of pollutants, the department of environmental protection shall order to correct by a deadline; if the order to correct is rejected, the department of environmental protection shall directly entrust a professional institution with the operation or the disposal, the related expenses shall be born by the units producing pollutants; the expenses may also be paid by the department of environmental protection first and then be paid back by the units producing pollutants. 

       If the units producing pollutants referred to in the previous section has entrusted professional institutions with the operation of the facilities of protection and the disposal of pollutants, but the pollutant discharge still cannot be stabilized to meet the discharge standards or the total amount control quota, it shall be dealt with according to the related rules of the state. 

       Article 28 In case of causing the environmental pollution and ecological damages, departments of environmental protection shall order construction units to eliminate the pollution, restore the original state. If the pollution has not been eliminated and the original state has not been restored by a deadline, and the units which are responsible cannot be identified promptly, departments of environmental protection shall assign other units to carry out the orders instead. 

       The expenses of other units to carry out the orders shall be born by the units producing pollutants; they may also be paid by departments of environmental protection first, and then be paid back by the units producing pollutants. 

       Article 29 A system of the retrospective assessment of the environmental impact of construction projects shall be put into practice.  

When working out the environmental impact statements of the projects which have started production for one year or longer, the municipal responsible department shall entrust the related professional institutions with the retrospective assessments of the environmental impact. Specific measures shall be formulated by the municipal department of environmental protection separately. 

Chapter V Public Participation 

       Article 30 The public shall have the right to know, participate in, and supervise the environmental protection of construction projects. Construction units and departments of environmental protection shall, according to the related rules, publish the related information of construction projects, listen to the public conscientiously, and accept their supervision. 

       Article 31 If a project needs to work out an environmental impact statement, the construction unit shall publish the following information to the public within 10 business days from the date of assigning an institution to make an environmental impact assessment: 

(1)   the name and summary of the construction project; 

(2)   the name and contact method of the construction unit; 

(3)   the name and contact method of the environmental impact assessment institution which is undertaking the task of assessment; 

(4)   the working procedure and the main contents of the environmental impact assessment; 

(5)   the main items and methods of the solicitation of the public comments; 

Article 32 Construction units or their entrusted environmental impact assessment 

institutions may adopt one or more of the following methods to publish the information: 

(1)   to make announcements in the public media of the locality of construction projects; 

(2)   to hand out the free publications which have the related information of construction projects; 

(3)   the other methods to provide the information for the public, which make it convenient for them to know. 

Article 33 In the process to work out an environmental impact statement, an 

environmental impact assessment institution shall resort to the methods such as questionnaire survey, hearing, etc., in order to make open solicitation of comments from the public, compile a chapter of public participation in the environmental impact statement, and make an abridged copy of the environmental impact statement. 

       If there is no chapter of public participation in the environmental impact statement of a construction project which should solicit comments from the public according to the rules, or there is no abridged copy of the environmental impact statement, the department of environmental protection shall not accept the environmental impact statement. 

       Article 34 Construction units or their entrusted environmental impact assessment institutions shall seriously consider the public comments, and attach to their environmental impact statements the explanation on the adoption of the public comments or not doing so. 

       Article 35 Within 10 business days from the date of accepting an environmental impact statement, the municipal department of environmental protection shall, in its working website or by other convenient means for the public to know, publish the abridged copy of the environmental statement and the methods and channels for the public to make comments.   

       Article 36 Departments of environmental protection may appoint expert committees of consultation to deliberate the explanations on the adoption of the public comments in environmental impact statements and to make reasonable suggestions. 

       Article 37 After publishing the related information, the municipal department of environmental protection shall use the methods such as public opinion survey, forum, hearing, etc. to further solicit comments from the public on the construction projects about which there are major differences in opinions. 

       Article 38 If the construction projects which may cause greasy smoke, foul smell, noise, vibration, heat pollution or other pollutions are started in the environment-sensitive areas such as residential quarters, schools, government agencies, hospitals, etc., the construction units shall solicit the comments on the plans to prevent and control the pollutions from the related units and residents of the localities of the projects. 

       Article 39 When departments of environmental protection think it is necessary, they may verify the public comments.  

       Departments of environmental protection shall make serious studies of various comments from the public and make explanations if it is necessary. 

       If citizens, corporate bodies, or other organizations believe that the decisions of departments of environmental protection on examination and approval infringe upon their legitimate rights and interests, they may apply for administrative reviews or resort to administrative litigations according to law.  

       Article 40 Within 10 business days from the date of the examination and acceptance of the environmental protection facilities after the completion of a construction project and from the date of the end of the retrospective assessment of the environmental impact of a construction project, the department of environmental protection shall publish the result of the examination and acceptance and the result of the assessment to the public. 

       Article 41 The time limit of publishing referred to in this chapter shall not be less than 10 business days. The time period of publishing and soliciting comments from the public shall not be calculated as part of the time limit of the examination and approval. 

Chapter VI Legal Liabilities 

       Article 42 If a construction unit, in violation of Article 8 of these regulations, fails to work out a document of the environmental impact assessment, or starts construction or begins production, operation, or use without authorization when the document of the environmental impact assessment has not been examined and approved, the department of environmental protection shall order to stop construction, production, operation, or use, and impose punishments according to the following standards: 

(1)   if the total investment of a construction project is less than 10,000,000 RMB, a fine of more than 10,000 but less than 100,000 RMB shall be imposed; 

(2)   if the total investment of a construction project is more than 10,000,000 but less than 100,000,000 RMB, a fine of more than 50,000 but less than 200,000 RMB shall be imposed; 

(3)   if the total investment of a construction project is more than 100,000,000 RMB, a fine of more than 200,000 but less than 1,000,000 RMB shall be imposed. 

Article 43 If an environmental impact assessment institution, in violation of the 

second section of Article 10 of these regulations, fails to work out a document of the environmental impact assessment according to the requirements of the technical standards, the department of environmental protection shall impose a fine of more than 1,000 but less than 10,000 RMB. 

       Article 44 In case of violation of Article 18 of these regulations by renting out, lending land, buildings, structures to other units and individuals for the purpose to be used in a prohibited construction project, or by assigning, renting out, lending the facilities causing pollution to the units and individuals incapable of correspondent pollution control, the department of environmental protection shall order correction by a deadline; if the correction has not been made after the deadline, a fine of more than 10,000 but less than 100,000 RMB shall be imposed. 

       Article 45 In case of violation of Article 19 of these regulations by failing to build the accessory facilities of environmental protection prescribed in Items (2), (3), (4), (5), (6) of the second section according to the requirements of the decision on the examination and approval of a document of environmental impact assessments, a fine of more than 2,000 but less than 20,000 RMB shall be imposed. 

       Article 46 If a construction unit, in violation of the second section of Article 20 of these regulations, fails to put on record according to the rules, the department of environmental protection shall impose a fine of more than 2,000 but less than 10,000 RMB. 

       Article 47 In case of violation of Article 23 of these regulations by failing to put into practice a system of inspection and control of the project environment, the department of environmental protection shall order correction by a deadline and impose a fine of more than 10,000 but less than 100,000 RMB. 

Article 48 In case of violation of Item (1) of the second section of Article 19 by failing to build the facilities to prevent and control the environmental pollution, the department of environmental protection shall order correction by a deadline and impose a fine according to the standards of Article 42. 

In case of violation of Article 24 of these regulations by putting the principal part of a project into an operation trial, production trial or use without authorization when there has been no examination and approval by the department of environmental protection, the department of environmental protection shall order to stop the operation trial, production trial, production or use, and impose a fine according to the standards of Article 42. 

In case of violation of Article 25 of these regulations by putting the principal part of a project into production or use when there has been no examination and acceptance or the examination and acceptance has not been passed, the department of environmental protection shall order to stop production or use, and impose a fine according to the standards of Article 42. 

Article 49 If there is one of the following situations, the department of environmental protection shall order correction by a deadline, and impose a fine of more than 2,000 but less than 20,000 RMB: 

(1)   to violate Articles 31, 32 of these regulations by failing to publish the information within the prescribed time limit or by publishing the incomplete information; 

(2)   to violate the first section of Article 33 of these regulations by failing to solicit the public comments according to the prescribed methods; 

(3)   to violate Article 38 of these regulations by failing to solicit the comments from the related units and residents of the locality of a project. 

Article 50 If a construction project causes the environmental pollution and does 

damages to units and individuals, the construction unit shall bear the civil responsibility. 

       If there is a major environmental pollution which does damages to the civil rights and interests of units or individuals, the prosecutorial office may support the units or individuals, who suffer from the damages, to take legal action at the people’s court. 

       Article 51 In case of violation of the first section of Article 27, the second section of Article 28 of these regulations by failing to bear the related expenses, the department of environmental protection shall apply to the people’s court for coercive enforcement. 

Chapter VII Supplementary Provisions 

       Article 52 If these regulations prescribe that the municipal government or the municipal department of environmental protection should formulate specific measures, the municipal government or the municipal department of environmental protection shall do so within 18 months from the date when these regulations are put into force. 

       Article 53 As for the fines prescribed in these regulations, the municipal department of environmental protection shall formulate specific standards for implementation; the specific standards for implementation and these regulations shall be put into force at the same time.