The “Provisional Measures for the Post-Evaluation of Environmental Impacts of Construction Projects” will come into effect in 2016 (full text attached)

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Administrative Measures for Post-Evaluation of Environmental Impacts of Construction Projects (Trial) The \"Administrative Measures for Post-Evaluation of Environmental Impacts of Construction Projects (Trial)\\" were approved at the ministerial meeting of the Ministry of Environmental Protection on April 2, 2015; they are now hereby published and shall come into effect on January 1, 2016. Appendix: Measures for the Management of Post-Evaluation of Environmental Impacts of Construction Projects (Trial) Minister Chen Jining, December 10, 2015 Appendix: Measures for the Management of Post-Evaluation of Environmental Impacts of Construction Projects (Trial) Article 1 These measures are formulated in accordance with the Environmental Impact Assessment Law of the People’s Republic of China, with the aim of standardizing the post-evaluation of environmental impacts associated with construction projects. Article 2: The post-evaluation of environmental impact referred to in these measures is a method and system that involves conducting follow-up monitoring and evaluation of the actual environmental impact generated by a construction project for which an environmental impact report has been prepared, as well as the effectiveness of the measures taken for pollution control, ecological protection, and risk prevention, once the environmental protection facilities related to that project have passed the completion inspection and have been operating stably for a certain period of time. This process aims to identify remedial actions or improvement measures in order to enhance the effectiveness of the environmental impact assessment. Article 3: A post-evaluation of the environmental impact shall be conducted for the following construction projects where, during their operation, conditions that are not in line with the approved environmental impact assessment report arise: (1) Construction projects in the fields of water resources, hydropower, mining, ports, and railways where the actual degree and scope of environmental impact are significant, and where the main environmental impacts become apparent only after the project has been in operation for a certain period of time; as well as construction projects in other industries that pass through important ecologically sensitive areas ； (II) Construction projects in the metallurgy, petrochemical, and chemical industries that pose significant environmental risks, are located in sensitive areas, and involve continuous emissions of heavy metals or persistent organic pollutants ； (III) Other construction projects for which the environmental protection authority responsible for approving the environmental impact report deems an environmental impact post-evaluation necessary. Article 4: Post-evaluation of environmental impact shall adhere to the principles of science, objectivity, and fairness, comprehensively reflecting the actual environmental impact of construction projects, and objectively assessing the effectiveness of various environmental protection measures implemented. Article 5: The management of the post-evaluation of the environmental impact of construction projects is the responsibility of the environmental protection authority that approved the environmental impact report for such projects. The Ministry of Environmental Protection formulates technical specifications for post-evaluation of environmental impacts, providing guidance on such evaluations for projects that span administrative boundaries, different river basins, or are of major significance and sensitivity. Article 6 The project owner or the production and operation entity is responsible for organizing the post-evaluation of environmental impacts, preparing the relevant documents for such evaluation, and taking responsibility for the conclusions drawn from it. The construction unit or the production and operation unit may entrust environmental impact assessment agencies, engineering design firms, universities and colleges, as well as relevant evaluation institutions, to prepare post-assessment documents on environmental impacts. In principle, the environmental impact assessment agency that prepares the environmental impact report for a construction project shall not undertake the preparation of the post-assessment document on the environmental impact of that same project. The construction unit or the production and operation unit shall submit the post-evaluation document on environmental impacts to the environmental protection authority that originally approved the environmental impact report for record-keeping, and shall submit itself to the supervision and inspection by such authority. Article 7 The post-evaluation document on the environmental impact of a construction project shall include the following contents: (1) A review of the construction project process. Including environmental impact assessment, implementation of environmental protection measures, completion acceptance of environmental protection facilities, environmental monitoring status, as well as public opinion collection and survey results, etc ； (II) Project evaluation for construction projects. Including the project location, scale, production process or operation scheduling method, as well as the sources of environmental pollution or ecological impacts, the ways in which these impacts occur, their severity and scope ； (III) Assessment of regional environmental changes. This includes changes in environmentally sensitive targets in the areas surrounding the construction project, changes in pollution sources or other impact sources, as well as an analysis of the current status and trends of environmental quality ； (IV) Evaluation of the effectiveness of environmental protection measures. This includes whether the pollution prevention, ecological protection, and risk mitigation measures specified in the environmental impact assessment report are applicable and effective, and whether they can meet the requirements of ** or relevant local laws, regulations, and standards ； (5) Verification of environmental impact prediction. Including the differences between the predicted and actual impacts of the main environmental factors, whether there are any significant omissions or obvious errors in the content and conclusions of the original environmental impact report, and the manifestations of persistent, cumulative, and uncertain environmental impacts ； (VI) Environmental protection remediation plans and improvement measures ； ( VII) Conclusions of the post-evaluation on environmental impact. Article 8: The post-evaluation of the environmental impact of a construction project shall be conducted within three to five years after the project begins formal production or operation. The environmental protection authority that originally approved the environmental impact report may also determine the timeline for conducting a post-evaluation of the environmental impact, based on the environmental impact of the construction project and the changes in relevant environmental factors. Article 9 The project owner or the production and operation entity may conduct a post-evaluation of the environmental impact for a single construction project, or they may carry out such a post-evaluation for multiple construction projects that have overlapping or cumulative environmental impacts within the same administrative region or river basin. Article 10 After completing the post-evaluation of environmental impact, the project owner or the production and operation entity shall make the environmental impact assessment documents public in accordance with the law to accept social supervision. Article 11: For construction or production units that fail to conduct post-evaluation of environmental impacts as required, or fail to implement remedial plans or improvement measures, the environmental protection authority responsible for approving the environmental impact report for such construction projects shall order them to make corrections within a specified time frame and make this information public. Article 12: The environmental protection authorities may, based on the post-evaluation documents regarding environmental impacts, put forward requirements for improving environmental protection in construction projects, and use these as a basis for the subsequent environmental impact assessment of such projects. Article 13: Once the environmental impact assessment report for a construction project has been approved, if there are significant changes in its nature, scale, location, technology, or environmental protection measures, the provisions of Article 24 of the Environmental Impact Assessment Law of the People’s Republic of China shall apply, and these measures shall not be applicable. Article 14 These Provisions shall be interpreted by the Ministry of Environmental Protection. Article 15 These measures shall come into force as of January 1, 2016.