Six amendments to HSE-related laws take effect on July 2

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This post was last edited by yinkuilin6868 on 2016-7-6 09:13. Order No. 48 of the People’s Republic of China: The “Decision of the Standing Committee of the National People’s Congress on Amending Six Laws, including the Energy Conservation Law of the People’s Republic of China” was adopted at the 21st meeting of the Standing Committee of the 12th National People’s Congress of the People’s Republic of China on July 2, 2016; it is hereby promulgated. 　　The Decision of the Standing Committee of the National People’s Congress on Amending Six Laws, including the Law of the People’s Republic of China on Energy Conservation, shall take effect as of the date of its promulgation, regarding the amendments made to the Law of the People’s Republic of China on Energy Conservation, the Water Law of the People’s Republic of China, the Flood Control Law of the People’s Republic of China, the Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases, and the Waterways Law of the People’s Republic of China ； The amendments to the Environmental Impact Assessment Law of the People’s Republic of China came into effect on September 1, 2016. The 21st meeting of the Standing Committee of the 12th National People’s Congress decided as follows: 1. Amend the Energy Conservation Law of the People’s Republic of China: (1) Amend Article 15 to read: “**A system for energy efficiency assessment and review of fixed-asset investment projects shall be implemented.” Projects that do not meet the mandatory energy efficiency standards shall not commence construction by the project owner ； Those that have already been built shall not be put into production or use. **If an investment project does not meet the mandatory energy-saving standards, the authority responsible for project approval in accordance with the law shall not approve its construction. The specific measures shall be formulated by the department of the State Council responsible for energy conservation in conjunction with relevant departments of the State Council. ” 　　(II) Amend Paragraph 1 of Article 68 to read: “If the authority responsible for approving **investment projects violates the provisions of this Law by approving the construction of projects that do not meet the mandatory energy-saving standards, the directly responsible supervisors and other directly liable persons shall be given sanctions in accordance with the law.” ” II. Amendments to the Water Law of the People’s Republic of China Article 19 shall be amended to read: “The construction of water projects must comply with the comprehensive river basin plan.” When constructing water projects on **key rivers, lakes, and those that cross provinces, autonomous regions, or municipalities directly under the Central Government, the construction entity shall not commence work without obtaining a planning approval letter issued by the relevant river basin management agency, in accordance with the requirements of the comprehensive river basin plan** ； For the construction of water projects on other rivers and lakes, the construction unit shall not commence work without obtaining a planning approval letter issued by the local water administration department at or above the county level, in accordance with the management authorities and in line with the requirements of the comprehensive river basin plan. Where water conservancy projects involve flood control, they shall be carried out in accordance with the relevant provisions of the Flood Control Law ； In cases involving other regions and industries, the project developer shall seek the opinions of the relevant regions and departments in advance. ” III. Amendments to the Flood Control Law of the People’s Republic of China (1) Amend Paragraph 2 of Article 17 to read: “Construction units shall not commence construction of the flood control projects and other water projects, as well as hydropower stations, specified in the preceding paragraph, unless they have obtained a planning approval letter issued by the relevant water administration department, confirming that such projects meet the requirements of the flood control plan.” ” 　　(II) Amend Paragraph 1 of Article 27 to read: “The construction of engineering facilities such as bridges, docks, roads, ferries, pipelines, cables, water intake systems, and drainage systems that cross rivers, pass through rivers, go through dikes, or are located along rivers shall comply with flood control standards, shoreline planning requirements, navigation needs, and other technical specifications; such constructions must not endanger the safety of dikes, affect the stability of river flow, or hinder smooth flood discharge.” ； The construction unit shall not commence construction unless the project’s construction plan has been reviewed and approved by the relevant water administration department in accordance with the aforementioned flood control requirements. ” 　　(III) Amend Paragraph 1 of Article 33 to read: “When constructing non-flood control projects in floodplains or flood storage areas, it is necessary to evaluate the potential impact of floods on such projects as well as the potential impact of the projects on flood control, prepare a flood impact assessment report, and propose preventive measures.” The construction unit shall not commence construction unless the flood impact assessment report has been reviewed and approved by the relevant water administration department. ” 　　(IV) Amend Paragraph 1 of Article 58 to read: “Those who violate the provisions of Paragraph 1 of Article 33 of this Law by constructing non-flood control construction projects in floodplains or flood storage areas, without preparing a flood impact assessment report or starting construction without having such a report reviewed and approved, shall be ordered to make corrections within a specified time limit ； If the violation is not corrected within the prescribed time, a fine of up to 50,000 yuan shall be imposed. ” IV. Amendments to the Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases (1) Paragraph 1 of Article 17 shall be amended to read: “Where new construction projects, expansion projects, renovation projects, as well as technology upgrading and technology introduction projects (hereinafter collectively referred to as construction projects) may pose risks of occupational diseases, the project owner shall conduct a preliminary assessment of such occupational disease risks during the feasibility study phase.” ” 　　Add another clause as the second one: \"Where a medical institution construction project may pose risks of occupational radiation diseases, the project owner shall submit a pre-assessment report on such occupational radiation disease risks to the health administration department.\" The health administration department shall, within 30 days from the date of receiving the pre-evaluation report, make a decision on the review and notify the construction unit in writing. Construction shall not commence if a pre-evaluation report has not been submitted, or if the pre-evaluation report has not been approved by the health administration department. ” 　　(II) Amend Paragraph 2 of Article 18 to read: “The design of occupational disease prevention facilities for construction projects shall comply with **occupational health standards and health requirements” ； Among them, the design of protective facilities for construction projects in medical institutions that pose serious risks of occupational radiation diseases must be approved by the health administration department before construction can proceed. ” 　　Paragraph 3 is revised to read: “Before the completion acceptance of a construction project, the project owner shall conduct an evaluation of the effectiveness of controls against occupational disease hazards.” ” 　　Add a new clause as the fourth one: \"When conducting the completion inspection of construction projects in medical institutions that may pose risks of occupational radiation diseases, such facilities for protecting against occupational radiation diseases must pass the inspection by the health administration authorities before they can be put into use.\" ； The occupational disease prevention facilities for other construction projects shall be subject to acceptance in accordance with the law by the project owner; only after successful acceptance can they be put into production and use. The work safety supervision and management department shall strengthen the supervision and verification of the acceptance activities organized by the construction unit as well as the results of such acceptances. ” 　　(III) Delete Article 19. 　　(IV) Article 68 is renumbered as Article 67, and the phrase “work safety supervision and management department” therein is modified to “health administrative department and work safety supervision and management department”. 　　(5) Article 70 is renumbered as Article 69, and is amended to read: “If a construction unit violates the provisions of this Law and commits one of the following acts, the work safety supervision and management department and the health administration department shall, in accordance with their respective responsibilities, issue a warning and order it to make corrections within a specified time limit” ； If the violation is not corrected within the prescribed time, a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed ； In cases of serious circumstances, an order shall be issued to cease the operations that pose risks of occupational diseases, or the relevant people’s court shall be asked, within the scope of authority stipulated by the State Council, to order the suspension of construction or the closure of such facilities: \"(1) Failing to conduct a pre-assessment of occupational disease risks as required\" ； 　　“(II) For construction projects in medical institutions that may pose risks of radiation-related occupational diseases, the pre-assessment report on such risks has not been submitted as required, or the pre-assessment report has not been approved by the health administration authorities before work commences ； 　　“(III) The occupational disease prevention facilities for the construction project were not designed, constructed, and put into operation simultaneously with the main project as required ； 　　“(IV) The design of the occupational disease prevention facilities for construction projects does not comply with **occupational health standards and requirements; or in the case of construction projects in medical institutions where there are serious risks of radiation-related occupational diseases, the construction of such prevention facilities is carried out without the approval of the health authorities ； 　　“(5) Failing to conduct an evaluation of the effectiveness of occupational disease hazard control measures for occupational disease prevention facilities as required ； 　　“(6) Before a construction project is completed and put into production or use, the occupational disease prevention facilities have not been approved for acceptance in accordance with the regulations. ” 　　(6) Delete Article 84. V. Amendments to the Environmental Impact Assessment Law of the People’s Republic of China (1) A new paragraph shall be added to Article 14 as the first paragraph: “Where the review panel submits suggestions for amendments, the agency responsible for drafting the special plan shall revise and improve the draft plan in light of the conclusions of the environmental impact assessment report and the review comments, and shall provide an explanation regarding whether those conclusions and comments have been adopted.” ； If it is not adopted, the reasons shall be stated. ” 　　(II) Delete Paragraph 2 of Article 17. 　　(III) Amend Paragraph 3 of Article 18 to read: “Where a plan that has undergone an environmental impact assessment includes specific construction projects, the conclusions of the environmental impact assessment of the plan shall serve as an important basis for the environmental impact assessment of those construction projects, and the content of the environmental impact assessment for such projects shall be simplified in accordance with the review opinions on the environmental impact assessment of the plan.” ” 　　(IV) Amendment to Article 22: “The environmental impact assessment reports and forms for construction projects shall be submitted by the project owner to the environmental protection administrative department with approval authority for examination and approval in accordance with the regulations of the State Council.” 　　“The approval of the marine environmental impact report for marine engineering construction projects is handled in accordance with the provisions of the Marine Environmental Protection Law of the People’s Republic of China. 　　“The approval authority shall issue an approval decision within 60 days from the date of receipt of the environmental impact report, and within 30 days from the date of receipt of the environmental impact form, and shall notify the project owner in writing accordingly. 　　“**A filing system is implemented for environmental impact registration forms. 　　“No fees shall be charged for reviewing and approving environmental impact assessment reports, forms for construction projects, as well as environmental impact registration forms. ” 　　(5) Amendment to Article 25: “If the environmental impact assessment document for a construction project has not been reviewed by the approval authority in accordance with the law, or has not been approved following such review, the construction unit shall not commence construction.” ” 　　(VI) Amend Article 29 to read: “If the planning authority violates the provisions of this Law by failing to organize an environmental impact assessment, or by engaging in fraud or neglectful behavior during the organization of such an assessment, resulting in a seriously inaccurate environmental impact assessment, the directly responsible supervisors and other directly responsible personnel shall be subject to administrative sanctions imposed in accordance with the law by their superior authorities or supervisory agencies.” ” 　　(7) Amend Article 31 to read: “If a construction unit starts construction without first submitting the environmental impact assessment report or form for approval in accordance with the law, or fails to submit it for re-approval or request a re-examination in accordance with the provisions of Article 24 of this Law, the environmental protection administrative department at or above the county level shall order it to stop construction. Depending on the severity of the violation and the resulting harm, a fine of not less than 1 percent but not more than 5 percent of the total investment in the construction project shall be imposed, and the party may also be ordered to restore the site to its original state.” ； The supervisors directly responsible to the construction entity and other persons directly liable shall be given administrative sanctions in accordance with the law. 　　“If a construction entity starts construction without approval for the environmental impact assessment report or form for the construction project, or without re-examination and approval by the original approving authority, it shall be punished and dealt with in accordance with the provisions of the preceding paragraph. 　　“If the project owner fails to file the environmental impact registration form for the construction project in accordance with the law, the environmental protection administrative department at or above the county level shall order them to do so and impose a fine of up to 50,000 yuan. 　　“If the entity responsible for a marine engineering construction project commits the illegal acts listed in this article, it shall be punished in accordance with the provisions of the Law of the People’s Republic of China on Marine Environmental Protection. ” 　　(8) Delete Article 32. 　　(IX) Article 34 is renumbered as Article 33, and amended to read: “If the department responsible for reviewing, approving, or registering environmental impact assessment documents for construction projects charges fees in the process of approval or registration, its superior authority or supervisory authority shall order that the fees be refunded.” ； In cases of serious circumstances, administrative sanctions shall be imposed in accordance with the law on the directly responsible supervisors and other directly responsible persons. ” VI. Amendments to the Law of the People’s Republic of China on Waterways Paragraph 3 of Article 28 shall be amended to read: “If an impact assessment on the navigability conditions of the waterway has not been conducted, or if the reviewing authority determines that the construction project does not comply with the provisions of this Law, the construction entity shall not proceed with the construction.” **If an investment project fails to undergo an assessment of the impact on waterway navigation conditions, or if the reviewing authority determines that the construction project does not comply with the provisions of this law, the department responsible for approving such construction projects will refuse to give its approval. ” 　　The amendments made to the Energy Conservation Law of the People’s Republic of China, the Water Law of the People’s Republic of China, the Flood Control Law of the People’s Republic of China, the Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases, and the Waterways Law of the People’s Republic of China by this decision shall come into force as of the date of promulgation ； The amendments to the Environmental Impact Assessment Law of the People’s Republic of China came into effect on September 1, 2016. 　　The Energy Conservation Law of the People’s Republic of China, the Water Law of the People’s Republic of China, the Flood Control Law of the People’s Republic of China, the Law of the People’s Republic of China on the Prevention and Control of Occupational Diseases, the Environmental Impact Assessment Law of the People’s Republic of China, and the Waterways Law of the People’s Republic of China are amended accordingly in accordance with this decision and are reissued.