After unprecedented wide-ranging public consultations, massive revisions and even change of re-drafting authorities, the much revised law, several years in the making, was finally adopted by the Standing Committee of the National People’s Congress on April 24, to enter into force in 2015.
See a review of the new legislation and an interview with Cao Mingde, law professor at the China University of Political Science and Law, who participated in the drafting of the revised amendment of the Environmental Protection Law, on ChinaDialogue, an environmental organization based in London and Beijing,
The new law features a number of breakthroughs -
(a) For the first time ever, evironmental protection is accorded First Priority above economic development. Previously, the two were merely required to be co-ordinated,
(b) Major polluting companies must make the following information publicly available: main pollutants, methods of discharge, concentration and amount of emissions, excess emissions, as well as construction and operation of pollution prevention facilities. Those breaking the law will bear responsibility, along with the monitoring authorities concerned.
(c) The government is required to establish key areas cutting across administrative regions to integrate prevention and coordination systems for watershed pollution and ecological damage, as well to carry out unified planning, standards, monitoring and prevention measures.
(d) Environmental noncompliance will be subject to heavy fines on a daily basis, starting from the day after the correction is ordered,
(e) Environmental authorites are given unprecedented powers of closing down, seizure and detention of offenders.
(f) Enviromental Impact Assessments (EIAs) are extended to apply to regional targets with powers to refuse approval of any project which may result in such targets being exceeded.
(g) Public Interest litigation is allowed against offending projects, though not against monitoring authorities, enabling social organisations registered with the civil departments of governments above city level in selected areas to initiate public interest lawsuits.
One apparent Achilles heel of the new law is that local governments are in control of staff and resources of local environmental authorities. It is, however, much rumored that the Ministry of Environmental Protection will be greatly empowered, taking over environmental responsibilities from other ministries to integrate environmental management within one organisation. If this becomes a reality, the table will be truly turned on China's so-far unsuccessful battle against the nation's continuing ecological degration.