Notice of the General Office of Beijing Municipal People’s Government on Printing and Distributing the Implementation Opinions on Further Promoting Planning Environmental Impact Assessment
No.30 [2011] of Beijing Zhengban Fa
The people’s governments of the districts and counties, the commissions, offices and bureaus of the municipal government, and the municipal institutions:
"Implementation Opinions on Further Promoting Planning Environmental Impact Assessment" has been approved by the municipal government and is hereby issued to you, please implement it carefully.
May 31, 2011
Implementation Opinions on Further Promoting Planning Environmental Impact Assessment
In order to thoroughly implement Scientific Outlook on Development, comprehensively promote planning environmental impact assessment (hereinafter referred to as planning environmental impact assessment) in accordance with the law, prevent environmental pollution and ecological damage from the source, and promote comprehensive, coordinated and sustainable development of economy, society and environment, according to the relevant provisions of the Environmental Impact Assessment Law of the People’s Republic of China and the Regulations on Planning Environmental Impact Assessment (the State Council Order No.59, hereinafter referred to as the Regulations), combined with the actual situation of this Municipality, we hereby put forward the following opinions on further promoting planning environmental impact assessment.
First, fully understand the significance of carrying out planning environmental assessment.
Planning EIA is a method and system to analyze, predict and evaluate the possible environmental impact after planning implementation, put forward countermeasures to prevent or mitigate adverse environmental impact, and conduct follow-up evaluation in the process of planning preparation and approval. Compared with the construction project EIA, the planning EIA pays more attention to the cumulative environmental impact, regional and indirect joint environmental impact, and emphasizes the development requirements of environmental management from micro to macro, from end to source, and from point source to region. The implementation of planning environmental assessment is of great significance for preventing environmental problems caused by unreasonable distribution of productive forces and resource allocation from the source and ensuring the coordination between economic and social development and environmental resources. All regions and departments should attach great importance to the importance and necessity of planning environmental assessment, fully understand its legal status in the process of planning, strengthen organization and coordination, improve mechanisms, standardize procedures and make solid progress.
Second, the scope of planning EIA
In accordance with the requirements of the Regulations, combined with the actual situation of this Municipality, the focus of the planning EIA is "one place, two areas and ten special projects", that is, the relevant planning of land use and the construction, development and utilization planning of regions and river basins (hereinafter referred to as comprehensive planning) organized by relevant municipal departments, district and county governments and their relevant departments, as well as industry, agriculture, animal husbandry, forestry, energy, water conservancy, transportation, urban construction, tourism and nature. Among them, comprehensive planning must prepare an environmental impact chapter or explanation, and special planning must prepare an environmental impact report.
The specific scope of planning that requires environmental impact assessment shall be implemented in accordance with the Notice on Printing and Distributing the Specific Scope of Planning for Preparing Environmental Impact Report (for Trial Implementation) and the Specific Scope of Planning for Preparing Environmental Impact Chapters or Explanations (for Trial Implementation) (No.98 [2004] of Environment and Development).
Three, conscientiously fulfill the planning EIA approval and review procedures.
In accordance with the requirements of the "Regulations", the comprehensive planning approved by the municipal government and its relevant departments, before the draft plan is submitted for approval, the planning department shall send the environmental impact chapter or explanation together with the draft plan to the municipal environmental protection department for comments; Comprehensive planning approved by the district and county governments and their relevant departments shall, before the draft planning is submitted for approval, send the environmental impact chapter or explanation together with the draft planning to the district and county environmental protection departments for comments.
Special planning approved by the municipal government and its relevant departments, before the draft plan is submitted for approval, the planning department shall send the environmental impact report together with the draft plan to the municipal environmental protection department, which will convene relevant departments and experts to demonstrate the environmental impact report and put forward review opinions; For the special planning approved by the county government and its relevant departments, before the draft planning is submitted for approval, the planning department shall send the environmental impact report together with the draft planning to the county environmental protection department, which will convene relevant departments and experts to demonstrate the environmental impact report and put forward review opinions.
The planning examination and approval department shall require the comprehensive planning draft that fails to prepare the environmental impact chapter or explanation in accordance with the provisions, and the special planning draft that fails to prepare the environmental impact report in accordance with the provisions and is reviewed by the review team; If it is not supplemented, the planning examination and approval department will not approve it. Major adjustments or revisions are made to the approved plan in terms of scope of implementation, applicable period, scale, structure and layout, etc., and the planning department shall re-or supplement the environmental impact assessment.
When examining and approving the draft special plan, the planning examination and approval department shall take the conclusions of the environmental impact report and the review opinions as an important basis for decision-making. If the conclusions of the environmental impact report and the review opinions are not adopted, it shall explain the reasons in writing item by item and file them for future reference. At the same time, notify the competent department of environmental protection that originally organized the review of the environmental impact report of planning.
Four, a clear responsibility for the preparation and implementation of planning EIA.
The relevant departments that undertake the planning task are responsible for the preparation and implementation of planning EIA. In order to ensure the implementation of major projects in this Municipality as soon as possible and improve the efficiency of examination and approval, all regions and departments must organize the early preparation of environmental impact chapters or entrust qualified technical institutions to prepare environmental impact reports according to law, and organize the implementation of relevant contents in planning EIA.
The expenses required to carry out planning environmental assessment shall be included in the financial budget in accordance with the provisions of budget management, and the expenditure management shall be strictly controlled and subject to audit supervision.
Five, strengthen the organization and coordination of planning environmental assessment
All localities and departments should earnestly strengthen the organization, leadership, supervision and management of planning environmental assessment. Planning examination and approval authorities, planning EIA review authorities and planning preparation authorities should clarify their responsibilities, carry out their work according to laws and regulations, and ensure the coordinated progress of planning EIA and planning preparation. The relevant departments of cities, districts and counties should summarize the preparation or revision of their annual plans and planning EIA before the end of the first quarter of each year, and notify the competent department of environmental protection at the same level to determine the planning and EIA forms that need to be carried out according to law as soon as possible. The competent department of environmental protection should track the implementation progress of planning EIA in a timely manner, strengthen communication with relevant departments, and coordinate and solve the problems in the preparation of planning EIA.
Six, strengthen the supervision and inspection of planning environmental impact assessment.
The competent department of environmental protection shall, when examining and approving the environmental impact assessment documents of construction projects included in the planning, take the conclusion of the planning EIA as an important basis for review, and deal with the construction projects included in the planning that have not been carried out, failed to pass the review of the planning EIA, and undergone major adjustments without re-supplementing the environmental impact assessment in accordance with relevant regulations. The relevant departments of the city will timely organize supervision and inspection on the work of planning environmental assessment, notify the planning department and planning examination and approval department that do not implement the relevant provisions of the state and this Municipality, and hold the relevant responsible persons accountable.