Procedures for Public Participation in the Environmental Impact Assessment of Construction Projects in Shanghai Municipality (for Trial Implementation)

June 3, 2019

Article 1(Purpose and Basis)

With a view to optimizing the public participation activities in the process of environmental impact assessment of construction projects, safeguarding the right of the public to know, to participate and to supervise. These Procedures are formulated in accordance with the Environmental Protection Law of the People's Republic of China, Environmental Impact Assessment Law of the People's Republic of China, Regulations on the Administration of Environmental Protection for Construction Projects and other relevant laws and regulations, and in the light of the actual circumstances of this Municipality

Article 2(Scope of Application)

These Procedures apply to the public participation activities during the compilation stage of environmental impact report (form) of construction projects within this Municipality as well as to the disclosure of government information during the examination and approval stage. The construction projects that require confidentiality as prescribed by the State shall be implemented in accordance with the relevant provisions on confidentiality.

Article 3 (Basic Principles)

Public participation in environmental impact assessment of construction projects is encouraged.

Public participation in environmental impact assessment of construction projects follows the principles of legality, order, openness and convenience.

Article 4(Implementing Subject)

Development units shall organize public participation in the environmental impact report (form) and be responsible for its authenticity, integrity and results. Development units may entrust the unit that compiles the environmental impact report (form) or other units to undertake the specific work of public participation in environmental impact assessment.

Competent departments of ecology and environment shall implement disclosure of government information in the environmental impact report (form) and be responsible for the authenticity of the disclosed information.

Article 5(Information Disclosure)

Development units shall disclose the public participation information in the environmental impact report (form) at the stage of its compilation in accordance with law. Competent departments of ecology and environment shall disclose the government information of the environmental impact report (form) at its examination and approval stage according to law.

The environmental impact report (form) and the fact sheet of public participation in the environmental impact report released at both the compilation and examination & approval stages shall be made public in full, but the information concerning state secrets, business secrets and personal privacy, as well as the information that may endanger national security, public security, economic security and social stability in case it is published shall not be made public.

Where laws or rules provide otherwise, such provisions shall prevail.

Article 6(Online Information Release Platform)

The public participation information release platform of the environmental impact report (form) is operated by the Environmental Information Release Platform of Shanghai Enterprises and Institutions.

The government information release platform of the environmental impact report (form) is operated by the website of the competent department of ecology and environment or the designated official website. The release platform is operated by the website of the competent department of ecology and environment or the designated official website.

Article 7(Public Participation Forms at the Compilation Stage)

The forms of public participation at the compilation stage of the environmental impact report fall into the publicity information release of the public opinions on the environmental impact report and the publicity information release before the approval of the environmental impact report. The form of public participation at the compilation stage of the environmental impact form falls into the publicity information release before the approval of the environmental impact form.

Development units shall listen to the public opinions on the environmental impact report (form) through the online information release platform and other means. For the construction projects that are required to compile an environmental impact report, development units shall listen to the opinions of citizens, legal persons and other organizations within the scope of environmental impact assessment through public notices, newspapers and other means.

Development units are encouraged to release public participation information of environmental impact report (form) through TV, radio, WeChat, Weibo and other new media.

Article 8(Release Requirements for Publicity Information Solicited by the Public Opinions)

Development units shall solicit the public opinions simultaneously in the following three ways after completion of the environmental impact report of public opinions:

1. Release publicity information through the network information release platform and simultaneously solicit opinions from the public in accordance with the relevant requirements by the Network Publicity of Soliciting Public Opinions in Environmental Impact Report (Sample) (Annex 1).  2. Post public notices within the scope of environmental impact assessment in accordance with the relevant requirements by the Notice of Soliciting Public Opinions in Environmental Impact Report (Sample) (Annex 2). Notices shall be posted according to the principle of dense in proximity and scarce in distance to cover the neighborhood (village) committee and the sub-district (town) within 1000 meters outside the boundary of the factory and cover the sub-district (town) beyond 1000 meters outside the boundary of the factory. 3. Release shall be done on the newspaper at the locality of the construction project no less than one time with the relevant requirements by the Newspaper Publicity of Soliciting Public Opinions in Environmental Impact Report (Sample) (Annex 3). The time span for publicity of solicited public opinions in environmental impact shall last no less than 5 working days. Development units shall revise and improve the environmental impact report in accordance with the opinions put forward by the public.

The released information of solicited public opinions in environmental impact shall include: 1. Basic information of the construction project; 2. Main contents of public opinion solicitation; 3. Ways and approaches for the public to put forward opinions; and 4. Other information that needs to be publicized as prescribed by laws and regulations.

Article 9(Requirements for Public Information Release Before Submission for Approval)

Development units shall, before submission of the environmental impact report (form) to the competent ecological environment department for approval, release on the online information release platform the publicity information of the said report (form) before its application and solicit opinions from the public in accordance with the relevant requirements of the Publicity of the Environmental Impact Report (form) before Examination and Approval (Sample) (Annex 4). The time span for information publicity before the said report (form) submission shall last no less than 5 working days. Development units shall revise and improve the environmental impact report in accordance with the opinions put forward by the public.

The publicity information before the submission of the environmental impact report (form) shall include: 1. Main contents of the publicity information before submission; 2. Ways and approaches for the public to put forward opinions; 3. Other information that needs to be publicized as prescribed by laws and regulations.

Article 10(Science Popularization)

Development units may disseminate scientific knowledge related to the environmental impact of the construction projects to the public through distributing scientific popularization materials, putting up posters, holding lectures, visiting enterprises or through schools, communities, mass media and other means, so as to strengthen interaction with the public.

Article 11(Feedback of public opinions)

The public may submit the Public Comment Form for Environmental Impact Assessment of Construction Projects (Annex 5) to the construction unit within the prescribed time by telephone, e-mail, fax, letter and other means, reflecting the opinions and suggestions related to the environmental impact of construction projects.

The public shall provide effective contact information when submitting their opinions. The public is encouraged to submit their opinions in a real-name way and provide permanent address.

The relevant personal information submitted by the public shall not be used by the development unit for any purpose other than public participation in environmental impact assessment, and shall not be disclosed without the permission of the relevant obligee of the personal information unless otherwise provided by laws and regulations.

Article 12(Deep Public Participation)

Where the development projects that are required to compile the environmental impact report obtain lots of public questioning doubts about the environmental impact, the development unit shall timely communicate with the local government of the sub-district/town at the locality of the project. Where the development unit or the local sub-district/town government deems it necessary to carry out in-depth public participation, the development unit shall strengthen public participation through hearings, public symposia, expert argumentation meetings and setting up on-site question-answering points. Deep public participation should be carried out in the following two scenarios:

1. If the public questioning comments are mainly focused on the environmental impact prediction conclusion, environmental protection measures or environmental risk prevention measures, the development unit shall organize public discussions or hearings, and set up on-site question & answer points when necessary. Public discussions or hearings shall be attended by public representatives who may be affected by the construction project in environmental aspects. On-site Q&A points shall be located at the site of the project. Public discussions, hearings and on-site Q&A points shall provide the full version (hard copy) of the environmental impact report for public on-site inspection.

2. If the public questioning comments are mainly focused on the professional technical methods, guidelines and theories related to environmental impact assessment, the development unit shall organize an argumentation meeting of experts, which shall be attended by experts in relevant fields and public representatives who may be affected by the development project in environmental aspects.

Where the development unit organizes a hearing, relevant regulations shall be implemented with reference to the environmental protection administrative licensing hearing.

Article 13 (Adoption of Public Opinions)

Development units shall sort out the public opinions received in the process of public participation, organize the unit that compiles the environmental impact report (form) or other competent units to conduct professional analysis, and therein put forward suggestions for adoption or non-adoption.

Development units shall consider the circumstances of construction projects, the proposals, technical and economic feasibility and other factors by the unit that compiles the environmental impact report (form) or other competent units, adopt reasonable proposals related to the construction project environmental impact, and organize the environmental impact report (form) compiling unit improve the environmental impact report on the basis of adopted opinions.

Article 14(Fact sheet of Public Participation)

Once the environmental impact report to be submitted for approval is compiled, the development unit shall prepare the public participation fact sheet in accordance with the relevant instructions of Compilation Requirements on the Fact Sheet of Public Participation in the Environmental Impact Report (Annex 6), and publicize the information before the submission-for-approval, along with the environmental impact report to be submitted for approval. When submitting the environmental impact report to the competent department of ecology and environment for approval, the development unit shall attach the fact sheet of the public participation to the environmental impact report.

The public participation fact sheet in the environmental impact report shall include the following contents: 1. Process, scope and content of public participation;2. Collection and analysis of public comments, including on-site Q & A records, public discussions, hearings, expert argumentation meeting and other materials related to public participation; 3. Acceptance of public comments, or case of failure and reasons as well as feedback to the public.

Article 15(Forms of Government Information Disclosure at the Examination and Approval Stage)

The forms of government information disclosure at the exanimation and approval stage of environmental impact report (form) include the information of acceptance and handling, information of examination and approval and examined and information of decision of approval.

Competent departments of ecology and environment shall listen to the public opinions on the environmental impact report (form) through the online information release platform and other means.

Article 16(Disclosure of Acceptance and Handling Information)

Competent departments of ecology and environment shall, within 5 working days after the acceptance of the environmental impact report (form), release the handling status to the public through the online information release platform and solicit public opinions. For construction projects that are required to compile the environmental impact report, the time span for release shall be no less than 10 working days. For development projects that are required to compile environmental form, the time span for release shall be no less than 5 working days.

The releasing content of handling status shall include: 1. Name of construction project; 2. Online link to the full text of the environmental impact report (form) submitted for approval; 3. Online link to the full text of the public participation fact sheet of the environmental impact report submitted for approval; 4. Ways and approaches for the public to put forward opinions; 5. Start and end time for public comments.

Article 17(Disclosure of Proposed Approval Information)

Before making an approval decision on the environmental impact report (form), the competent department of ecology and environment shall, through an online information release, make public the proposed approval decision and inform the development unit and stake parties of the relevant rights. The time span for disclosure of the proposed approval information shall not be less than 5 working days.

The information of proposed approval includes: 1. Name and location of the construction project; 2.Name of the construction unit; 3. Name of the organization compiling the environmental impact report (form); 4.Overview of construction projects, major environmental impacts and environmental protection counter measures; 5.Fact sheet of the public participation organized by the development unit; 6. Ways and approaches for the public to put forward opinions; 7. Start and end time for public comments.

Article 18(Hearing)

Competent departments of ecology and environment shall organize and convene a hearing on the matters that should be heard in accordance with the provisions of laws, regulations and rules, or other major administrative licensing matters involving public interests that need hearing.

Where the competent department of ecology and environment holds a hearing, the hearing shall be conducted in accordance with the relevant provisions of the administrative licensing hearing for environmental protection.

Article 19(Complaints and Reports)

Citizens, legal persons and other organizations may, in accordance with the prescribed ways, approaches and time limits, put forward opinions and suggestions on the examination and approval of the environmental impact report (form) of a construction project and report on relevant illegal acts during the period when the competent ecology and environment department makes a decision on releasing the handling information and the information of the proposed decision of approval.

Competent departments of ecology and environment shall handle the received report in accordance with the relevant provisions of the State and this Municipality. When necessary, competent departments of ecology and environment may, through appropriate means, provide feedback on the opinions adoption to the public.

Article 20 (Review of Public Participation)

Competent department of ecology and environment shall review whether the contents and format of the public participation fact sheet of the environmental impact meet the requirements, and whether the public participation procedures of the environmental impact report (form) meet the provisions of these Procedures.

Competent department of ecology and environment, when discovering failure to fully solicit the public opinions for construct projects, after comprehensive consideration of the received public opinions, relevant report and handling conditions, and the review conclusion of public participation, shall instruct the development unit to solicit public opinions again and return the environmental impact report (form) as well.

Article 21(Administrative Examination and Approval)

Competent departments of ecology and environment shall examine and approve the environmental impact report (form) of the construction project in accordance with the relevant laws, regulations, standards and technical specifications after taking into account the received public opinions.

Article 22 (Disclosure of Approval Decision Information)

Competent departments of ecology and environment shall, within 7 working days from the date of making the approval decision on the environmental impact report (form), release the full text of the approval decision and the approved environmental impact report (form) to the society through the online information release platform, and notify the right and time limit of filing administrative reconsideration and administrative lawsuit according to law.

Article 23(Filing for Future Reference)

Development units shall keep on file for future reference the original materials related to public participation in the compiling of the environmental impact report (form).

Article 24(Punishment for Dishonesty)

Where the development unit that practices fraud in carrying out activities of public participation in environmental impact report (form) in violation of the provisions of these Procedures, resulting in disconcerting inaccuracies of the content, the competent department of ecology and environment in charge of the examination and approval of the environmental impact report (form) shall record the discredit of the development unit and its legal representative or the principal person in charge to the environment credit archive and release it to the public.

Article 25(Contents Not Subject to Public Participation)

Public opinions or appeals related to land expropriation, relocation, property and employment that have nothing to do with the Environmental Impact Assessment of Construction Projects shall not be included in the category of public participation. The public may, in accordance with law, separately report to other competent authorities.

Article 26(Other Aspects)

These Procedures shall be effective as of July 1, 2019 and remain valid until June 30, 2021. Notice of Shanghai Municipal Environmental Protection Bureau on Issuance of Guidance on Public Participation in Environmental Impact Assessment (2013 edition) "(SEPA [2013] No.201) and Notice of Shanghai Municipal Environmental Protection Bureau on Issuance of Key Implementation Points of Government Information Disclosure Guide for Environmental Impact Assessment of Construction Projects (for Trial Implementation) in Shanghai Municipality (SEPA [2013] No.528) shall be invalidated as of the date of implementation of this Notice.