Current Status of Public Participation in the EIA Process in

China

Seoul Korea, June 2007

By Zhao XinfengAppraisal Center for Environment and Engineering, State Environmental Protection Administration of China

Content

Introduction

Requirements on Public

Participation

Current situation

Conclusion

Introduction

Why do? Legislations related to PP in EIA

Law of Administrative

Permission(1995)

EIA Law (2003)

Executive Measures on PP in

EIA(2006) Key element of EIA Criteria for EIA approval

Who do?

During the process of EIA preparation

Project proponent EIA consultant

During the process of EIA approval

Environmental authority

Scope of Application All projects that are subject to the detailed

EIA Project that its EIS needs to reapply for approval due to the change of design Project that does not start the construction after 5 years of getting the EIA permission, and needs to be re-assessed

Requirements on PP

Four announcements are required

1st: within 7days after EIA is launchedPreparation

Stage

ApprovalStage

1st: after EIA application is accepted

2ed: not less than 10days before EIA is submitted for approval

2ed: not less than 10days before decision is made

Non-technical EIA report should be public accessible Information that should be disclosed:

Name of the project proponent and EIA consultant, as well as their contact information

General Information of the Project Resource Utilization and Pollution

Discharge Key findings of Impact Prediction and

Assessment Mitigation Measures Main Conclusions of EIA

Direct affected public must be consulted

Consultation focuses on environmental issues Time for collecting public comments should not be less than 10 days Means of public consultation include

questionnaire Interview Public meeting Public hearing

Public hearing is required in certain circumstances (not be clearly

defined)

Two types of public hearing Public Comments Hearing (leading body-proponent) Formal Public Hearing (leading body-environmental

authority)

All comments should be recorded EIA statement should contain a chapter describing the procedures and

outcomes of public participation The PP chapter should include a

summary of the public comments, and indicate the unadopted comments and the reasons

of unadoption

Current Situation

Successes SEPA is the first government sector that issued the legal document specific on PP Awareness of PP among project proponents and government staff has been enhanced Information Disclosure has been improved, although not enough More opportunities for vulnerable peoples to get involved

Constrains Public awareness on environment is still low in poor areas Time for public comments is short, especially in EIA approval stage EIA statement is not fully opened to the public Social issues is not covered Consultation with NGOs is not

compulsory

Conclusion

PP in china is still in the preliminary stage Effective PP needs more legislative supports Environmental education is essential for mass public, especially poor peoples, to get involved PP alone can not guarantee the environmental equity

Thank You

Zhaoxf@acee.org.cn