Measures for the Implementation of the Environmental Impact Assessment Law of the People's Republic of China in Shaanxi Province

　　Decision of the Standing Committee of the People's Congress of Shaanxi Province on amending 11 local regulations such as the Measures of Shaanxi Province for Implementing the Environmental Impact Assessment Law of the People's Republic of China，It was adopted at the third meeting of the Standing Committee of the 13th People's Congress of Shaanxi Province on May 31, 2018，Hereby published，As of the date of promulgation。

Standing Committee of the Shaanxi Provincial People's Congress

May 31, 2018

　　The third meeting of the Standing Committee of the 13th People's Congress of Shaanxi Province decided: 

 　 I. Make amendments to the Measures for the Implementation of the Environmental Impact Assessment Law of the People's Republic of China in Shaanxi Province 

　　(1) The last paragraph of Article 17 is deleted，And add the first paragraph: "Where the Review Panel proposes amendments，The preparation authority of the special plan shall revise and improve the draft plan according to the conclusions of the environmental impact report and the review opinions，And explain the adoption of the conclusions and review opinions of the environmental impact statement;inadmissible，Reasons should be given。” 

　　(2) Article 20 is amended as follows: "Construction projects included in special plans and regional development plans of development zones that have carried out environmental impact assessments.，Its nature, scale, location or production process conforms to regional functional and planning requirements，The conclusion of environmental impact assessment of planning should be used as an important basis for environmental impact assessment of construction projects，The contents of the environmental impact assessment of construction projects shall be simplified according to the planned environmental impact assessment review opinions。” 

　　(3) Delete the content of "within 15 days from the date of accepting the environmental impact registration form of the construction project" in Article 24, and amend the last sentence to "make approval decisions respectively and notify the construction unit"。 

　　Add the second paragraph, the third paragraph "belongs to the national" construction project Environmental impact assessment classification Management List "should fill in the environmental impact registration form of the construction project, shall be filed with the local county environmental protection administrative department。 

　　"No fees shall be charged for the examination and approval of construction project environmental impact reports, report forms and the filing of environmental impact registration forms.。” 

　　(4) Deletion of Article 26。 

　　(5) Delete item (5) of Article 38。 

　　(6) Amend Article 39 as "In violation of the first paragraph of Article 27 of these Measures.，In the course of project construction, the construction unit fails to organize the implementation of the environmental impact report, environmental impact report form and the measures for environmental pollution prevention and ecological environmental protection proposed in the approval decision of the examination and approval department，The administrative department of environmental protection at or above the county level where the construction project is located shall order rectification within a time limit，A fine of not less than 200,000 yuan but not more than one million yuan;Not corrected within the time limit，Order the construction to stop;Causing damage to the ecological environment，Should be compensated。” 

　　2. Make amendments to the Regulations on the Prevention and Control of Radioactive Pollution in Shaanxi Province 

　　Delete the content of the second paragraph of Article 11 that "if it is really necessary to be dismantled or left idle, it shall be reported to the competent administrative department of environmental protection with the power of examination and approval for approval"。 

　　Third, make amendments to the Regulations on the Protection of Wild Plants in Shaanxi Province 

　　(1) The second paragraph of Article 28 is amended as follows: "Foreigners in the administrative area of this province to the management of the key protection of wild plants, shall be approved by the provincial administrative department of agriculture.。” 

　　(2) Article 30 is amended as: "In violation of the provisions of Article 15, paragraph 2, 22 and 23 of these Regulations，Failing to obtain a collection certificate or failing to collect wild plants under special provincial protection in accordance with the provisions of the collection certificate，Wild plants and illegal gains collected shall be confiscated by the department of wild plant administration at or above the county level，May concurrently impose a fine of not less than two times but not more than five times the illegal gains;With a collection certificate，Revoke the collection certificate。” 

　　(3) Article 33 is amended as: "In violation of Article 28 of these Regulations，Foreigners collect and purchase wild plants under special state and provincial protection within the administrative area of this province，Or conducting field investigation on wild plants under special state or provincial protection under the administration of the competent department of agriculture without approval，The department of agricultural administration at or above the county level shall confiscate the wild plants collected or purchased and the investigation data thereof，A fine of not less than 20,000 yuan but not more than 50,000 yuan may be imposed。” 

 　  4. Make amendments to the Regulations on Forest Parks of Shaanxi Province 

　　Article 43 is amended to read: "Violates the provisions of Article 25 (1) and (2) of these Regulations.，The relevant administrative department at or above the county level shall order the cessation of the illegal act，Restitution within a time limit，Compensate for losses according to law，Replant trees that have more than doubled and less than tripled the number of damaged trees，A fine of not less than one and not more than five times the value of the destroyed trees may be imposed。……” 

　　5. Make amendments to the Measures for the Implementation of the Water Law of the People's Republic of China in Shaanxi Province 

　　Delete the content of "before the project feasibility study report is submitted for approval" in Article 12。 

 　  Vi. Make amendments to the Regulations on the Management of Water Projects in Shaanxi Province 

　　(1) Article 25 is amended to read: "In violation of the provisions of paragraph 1 of Article 11 and paragraph 2 of Article 12 of these Regulations，Unauthorized construction of water projects，The water administration department or river basin management agency shall act according to its functions and powers，Order to stop the illegal act，Make up the relevant formalities within a time limit;Failing to make a replacement within the time limit or failing to be approved，Order the demolition of illegal buildings and structures within a time limit;Those that are not dismantled within the time limit，Forced demolition，The required expenses shall be borne by the illegal unit or individual，And a fine of not less than 10,000 yuan but not more than 100,000 yuan。” 

　　(2) Article 26 is amended to read: "In violation of Articles 18 and 19 (1), (2) and (3) of these Regulations，criminal，Criminal responsibility shall be investigated by judicial organs according to law;Not enough for criminal punishment，And not stipulated in the flood prevention Law，The department of water administration or the provincial state-owned water project management unit shall order the cessation of illegal acts，Take remedial action，A fine of not less than 10,000 yuan but not more than 50,000 yuan;Violating the Law on Penalties for public security administration，The public security organs shall impose administrative penalties for public security according to law;Causing damage to water projects and property，Pay compensation according to law。” 

 　 7. Make amendments to the Measures for the Implementation of the Flood Prevention Law of the People's Republic of China in Shaanxi Province 

　　(1) The first paragraph of Article 19 is amended as follows: "Construction of Bridges, wharves, roads, ferries, pipelines, cables, water intake, drainage and other engineering facilities that span rivers, cross rivers, cross embankments and face rivers，The project construction plan must be submitted to the county-level water administration department or the provincial Sanmenxia Reservoir area management agency where the project is located，Subject to examination and approval by competent water administration departments or relevant state river basin management agencies。” 

　　(2) Article 43 is amended as: "In violation of the provisions of the second paragraph of Article 18 of these Measures.，Damage, appropriation, destruction, unauthorized use or movement of hydrological survey facilities，Endangering and affecting hydrological surveying and reporting activities within the scope of protection of hydrological surveying and reporting facilities，The department of water administration at or above the county level or the administrative department of Sanmenxia Reservoir Area of the province shall order the cessation of illegal acts，Take remedial action，May be fined not more than 50,000 yuan。” 

 　 8. Make amendments to the Regulations on River Management of Shaanxi Province 

　　(1) Delete the content in Article 10 that "the examination and approval procedures may be performed in accordance with the procedures for capital construction"。 

　　(2) Delete the content in paragraph 2 of Article 12 that "a construction project can be put into operation only after it has passed the inspection"。 

　　(3) In paragraph 1 (a) of Article 21, by deleting "premises"，Add "reclaimed river" to item (c)，Add subparagraph (4) "Setting of fishing gear for blocking rivers";The second paragraph is amended to read: "It is forbidden to cultivate embankments or build houses, open channels, dig pits, dig pits, open openings, explode, drill Wells, dig sand, collect earth, pan for gold, dig ponds, dig ponds, graze cattle, bury graves, dry grain, store materials, exploit underground resources, conduct archaeological excavations and carry out market trading activities in embankments and berms。” 

　　(4) Delete the content of Article 25 that "units and individuals within the dike protection area are obligated to work and work"。 

　　(5) The third paragraph of Article 29 is amended as follows: "It is prohibited to occupy, damage or illegally cut down river shelterbelts"。 

　　(6) Delete the contents of Article 35 of "the completion of construction projects without the approval of the original examination of the water administrative department inspection put into use" and "make up for the examination or inspection procedures", and add "take remedial measures" after "order to stop the illegal acts"。 

　　(7) The first paragraph of Article 36 is amended to read: "In violation of the first paragraph of Article 21 of these Regulations，Construction of illegal structures, storage of materials, accumulation of wastes, reclamation of rivers and other activities within the scope of river management affecting flood safety，The water administrative department shall order the cessation of the illegal act，Time limit to remove obstacles or take other remedial measures，Be fined not less than 10,000 yuan but not more than 50,000 yuan。” 

 　 9. Make amendments to the Regulations on Soil and Water Conservation of Shaanxi Province 

　　(1) The first paragraph of Article 28 is amended as follows: "When production and construction projects are completed for acceptance, water and soil conservation facilities shall be accepted;Where water and soil conservation facilities have not been inspected or have failed to pass the inspection, a production and construction project shall not be put into operation。Delete paragraph 3。 

　　(2) Delete the content of "assessment" in Article 44。 

　　(3) Deletion of Article 53。 

　　10. Make amendments to the Regulations on the Management of the Weihe River Basin in Shaanxi Province 

　　(1) Delete the content in paragraph 3 of Article 19 that "the examination and approval authority shall not approve construction projects that have not completed the water resources demonstration according to law"。 

　　(2) The third paragraph of Article 24 is amended as follows: "The management of construction projects in key areas such as drinking water source reserves, nature reserves, scenic spots and forest parks within the Wei River Basin shall be implemented in accordance with the provisions of relevant laws, administrative regulations, local regulations and rules。” 

　　(3) The second paragraph of Article 26 is amended as follows: "Water pollution control facilities of construction projects shall be designed, constructed and put into use at the same time as the main project.。Water pollution prevention and control facilities shall comply with the requirements of the environmental impact assessment documents approved or filed。” 

　　(4) Delete the first paragraph of Article 27, "dismantling or idling water pollutant treatment facilities, shall be reported to the competent department of environmental protection administration for approval 20 days before dismantling or idling water pollutant treatment facilities.。” 

　　(5) Article 28 is amended as follows: "Enterprises, public institutions and other producers and business operators that directly or indirectly discharge industrial waste water, medical sewage and other waste water or sewage that, according to regulations, can be discharged only after obtaining a discharge permit shall obtain a discharge permit。The discharge permit shall specify the types, concentrations, discharge amounts, and destination of the pollutants discharged。 

　　"It is prohibited to discharge pollutants without a discharge permit or in violation of the provisions of the discharge permit。” 

　　(6) The second paragraph of Article 43 is amended as: "It is forbidden to occupy the passage for flood control and rescue, and during the period of flood control and rescue, unrelated personnel and vehicles are not allowed to get on the embankment.。During the period when the embankment roof is muddy due to rain and snow, vehicles are prohibited to pass, except for flood control and rescue vehicles。Crawler motor vehicles, heavy vehicles affecting the safety of the levee and other vehicles are prohibited to pass along the top of the levee。The passage of tourism and agricultural production vehicles along the top of the embankment shall be subject to the supervision and administration of the water administrative department or the provincial Wei River basin administrative agency。” 

　　Article 63 is amended as follows: "In violation of the provisions of the second paragraph of Article 27 of these Regulations, any of the following acts shall be ordered by the competent department of environmental protection administration to make corrections within a time limit and imposed a fine of not less than 20,000 yuan but not more than 200,000 yuan;Those who do not make corrections within the time limit shall be ordered to stop production for rectification: 

　　"(1) failing to monitor the discharged waste water in accordance with regulations, or failing to keep the original monitoring records; 

　　"(2) failing to install automatic monitoring equipment for water pollutant discharge or networking in accordance with regulations。” 

　　(8) Article 64 is amended as: "Violation of Article 28 of these Regulations，Discharging water pollutants without obtaining a discharge permit according to law，The competent department of environmental protection administration shall order rectification or restriction of production or suspension of production for rectification，A fine of not less than 100,000 yuan but not more than one million yuan;serious，The report shall be submitted for approval by the people's government with the power of approval，Order to suspend business or close down。” 

　　(9) Article 65 is amended to read: "Violation of Article 30 of these Regulations，Setting up sewage outlets without approval，The water administrative department at or above the county level or the provincial Wei River basin administrative authority shall order the demolition within a time limit，A fine of not less than 20,000 yuan but not more than 100,000 yuan;Those that are not dismantled within the time limit，Forced demolition，The cost shall be borne by the offender，A fine of not less than 100,000 yuan but not more than 500,000 yuan，serious，May be ordered to stop production for rectification。” 

 　 11. Make amendments to the Regulations on Fruit Industry of Shaanxi Province 

　　(1) Delete the provisions on the examination and approval of the national key protection of natural fruit tree germplasm resources in paragraph 3 of Article 13。 

　　(2) The first paragraph of Article 19: "seed and seedling production license and business license" is amended to "seed production and business license"。 

　　(3) Delete the provisions in Article 52 on the punishment of natural fruit tree germplasm resources under key State protection。 

　　This decision shall come into force on the date of promulgation。 

　　Measures of Shaanxi Province for the Implementation of the Environmental Impact Assessment Law of the People's Republic of China, Regulations of Shaanxi Province for the Prevention and Control of Radioactive Pollution, Regulations of Shaanxi Province for the Protection of Wild Plants, Regulations of Shaanxi Province for Forest Parks, Measures of Shaanxi Province for the Implementation of the Water Law of the People's Republic of China, Regulations of Shaanxi Province for the Management of Water Projects, Measures of Shaanxi Province for the Implementation of the Flood Prevention Law of the People's Republic of China, Shaanxi ProvinceRegulations on River Management, Regulations on Soil and Water Conservation of Shaanxi Province, Regulations on Management of Weihe River Basin of Shaanxi Province and Regulations on Fruit Industry of Shaanxi Province shall be amended accordingly in accordance with this Decision，republish。