China revises environmental law

Stiffer punishments

Lawmakers said during their panel discussion that the phenomena in which the cost for observing environmental legislation is higher than violating laws widely exist, causing environmental pollution.

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Xin Chunying, deputy director of the Legislative Affairs Commission of the NPC Standing Committee, gave an example during the deliberation of the law, saying that an electricity generator complex with production capacity of 100,000 kilowatt needs to pay between 500,000 and 600,000 yuan in environmental protection fees to alleviate and control pollution.

But if the factory shuts down its pollution processing equipment and does nothing to protect the environment, it may only face a 10,000 yuan fine, she said. [ Handing out heavier punishment for environmental wrongdoing is an important principle of the new legislation, and will deter enterprises from violating the law.

The new law stipulates that enterprises will be named and shamed for breaking environmental protection laws.

It says that responsible persons would face up to 15 days detention if their enterprises dodge environmental impact assessments and refuse to suspend production after being issued a ban; fail to obtain a pollutant discharge permit but discharge pollutants, and refuse to suspend the discharge after administrative bodies issue a ban; or if they shirk supervision through means including forging monitoring data or improperly operating pollution prevention equipment. The length of detention would depend on the impact of their violations.

Responsible persons would face the same punishments if their enterprises produce or use forbidden pesticides and refuse to make corrections.

The law also proposes that organizations in charge of environmental impact assessments and supervision would bear joint liabilities if they are found to have acted fraudulently.

Local officials may be demoted or sacked, if they are guilty of misconduct, including covering up environment-related wrongdoing, falsifying data or asking others to falsify data, failing to publicize environmental information which should be made public according to law or failing to give closure orders to enterprises which illegally discharge pollutants.

If offenders' behaviors constitute crimes, they will be held criminally responsible.

The law says a daily-based fine system will be introduced to punish offenders.

If an enterprise illegally discharges pollutants and is fined and asked to correct its wrongdoing by authorities, but refuses to make corrections, the enterprise may face a fine which accumulates daily. In the past, enterprises received a one-off fine.

Channel for public litigation

The new law allows public litigation and expands the range of subjects of public interest litigation on environmental issues.

According to the new law, the subjects could be social organizations which have registered with the civil affairs departments of governments at municipal level or above and have been engaged in public litigation on environmental issues for more than five years.

Courts should receive public litigation on environmental issues according to law, while social organizations should not seek to profit through such litigation, according to the new draft.

By promoting public interest litigation, it is hoped that the public's appeal for a better environment can be addressed through rule of law, instead of resorting to protests.

China has faced an increasing number of protests, or "mass incidents," over environmental issues in recent years. A few cities have seen residents take to the streets against paraxylene projects, which they believe are a major threat to the environment and public health. In most of the cases, the projects in question were later suspended.

Changes of other laws

China has more than 30 environment-related laws and about 90 administrative regulations concerning environmental protection. ' After the adoption of the revised Environmental Protection Law, the country's fundamental environment law, other environmental laws may also face changes.

According to the NPC Standing Committee's annual legislation plan, the air pollution prevention and control law will be revised this year.

Lawmaker Zhao Deming said air, water and soil are the basic factors of the environment. The revisions of laws concerning pollution prevention and control of air, water and soil will facilitate the implementation of the Environmental Protection Law.

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