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INTRODUCTION

This presentation analyzes the strengths and weaknesses of the Chinese EIA system, reporting on practical issues and lessons learned from regional workshops and activities. It highlights the challenges of implementing meaningful public participation and provides recommendations for improvement.

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INTRODUCTION

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  1. Annual EELF Conference 2016 14-16 September 2016 Wrocław, PolandPublic Participation in Environmental Impact Assessment in China: Strengths, Weaknesses, and Lessons LearnedDr. Mariachiara Alberton, Senior Researcherin Environmental LawInstitute for Studies on Federalism and Regionalism, EURAC, Bolzano/Bozen, Italy

  2. INTRODUCTION • Successful public participation is more than just granting a right to participate and setting out a procedure in a legislative act. • Implementation of meaningful public participation is a challenge • The purpose of this presentation • analyse the strengths and weaknesses of the Chinese EIA system by reporting on the practical issues and lessons learned during regional workshops and activities developed in China within the framework of a EU funded project.

  3. The Project • The Project “Regulating and promoting public participation in EIA in selected pilot Provinces and Municipalities (PUBLIC EIA)”: • Funded under the EU-China Environmental Governance Programme • Developed by European and Chinese Partners (Research institutes, NGOs, the Chinese Academy for environmental planning, provincial Chinese EIA agencies of Yunnan and Shandong) • Concentrated on Yunnan province, the municipalities of Shangri La and Lincang, and Shandong province, the municipalities of Linyi and Rizhao, and Beijing

  4. The Project objectives I • Identification of main gaps of Chinese EIA public participation systemby analysing national legislation, provincial rules and practices and by interviewing different stakeholders: (local communities and authorities, NGOs) • Enhancement of Environmental Protection Bureaus and EIA agencies capacity (training modules and seminars) • Dissemination of EIA procedures for public participation through tailor made dissemination material and specific public events for local communities and stakeholders

  5. The Project objectives II • ExchangebetweenChinese and Europeanpartners and • comparisonof cases. • EU concrete experienceshowedthat: • competentauthoritiessometimestry to discourage the public from participatingactively; • deadlineshavebeen set notallowing the public sufficient time • the increase inlitigation and court appealsresulted in delays on permits, whichthenaffected the plannedinvestments and business • once the public perceivesthat information isbeingwithheld or participationdiscouraged, itorganizesitself to fightagainstit: conflictsincrease

  6. Chinese publicparticipation in EIA: legislation • PP introduced in 2002 with the adoption of the Environmental Impact Assessment Law of the People‘s Republic of China that the public participation system in EIA • The ‘Temporary Methods of PP in Environmental Impact Assessment’ issued by the former State Environmental Protection Administration in 2006 extends and deepens the public participation system in EIA. (principles, rights and obligations of main bodies, information disclosure requirements, specific modes and timing of public opinion surveys) • Since 2006: some special clauses or sections on public participation in EIA in local regulations (some of the most economically developed regions) • Revised text of EPL: (entry into force in 2015 ) new chapter entitled “Information Disclosure and Public Participation”

  7. Chinese publicparticipation in EIA: drawbacks I • The PP practicehas a number of drawbacks: • - currentlevel of participationisquitelimited • - public involvementisimplemented in merely a symbolicway • theinformation disclosureisunsound • the short reactiontimes • questionnairesurveys and public meetings are the twomostpopularlyadoptedmeans (passive modes of participation) • thevalidity of the informationcollected due to poorquality of the questionnaires and limitations and biases in the selection of the respondents • the impact of public participation on projectapproval

  8. Chinese publicparticipation in EIA: drawbacks II • Problemsoccurduring the implementationphase: • public conflictsacross the country in recentyears, symptomof the factthat public demands in EIA in China hadnotbeenfullysatisfied. • Lackof information and environmentalknowledge: • - the public seemed to panicabout the pollutionlikely to arise from the project and thustends to resistit, under the influence of an interestgroup. • - the public knowslittleabout the relevantprovisions on public involvement and isnotable to put forwardappealsthroughlegal and reasonableapproaches, whichiscausingfrustration and a keyfactorcausing the currentchaos and contestation.

  9. Chinese publicparticipation in EIA: recommendations I • the EIA Law revisedin accordance with the new EPL(cleardefinition of responsibilities and obligations of projectunits, EIA agencies and environmentalprotectionbureaus) in order to improvetransparency and accountability • establishwhatexactlyisenvironmental information (e.g. a list), whatkind of environmental information should be published, and be givenuponspecificrequest and the timeframe for suchdisclosure • Sanctionsshould be determined for authoritiesnotprovidingrequested information in the timeframeestablished by law • Publicationof information in localdailypapers, eveningpapers or the city news with the largestdistribution, or on popularlocalportalwebsites or community websites

  10. Chinese publicparticipation in EIA: recommendations II • Public participationshould be shifted to an earlier stage, whenall the options are still open and to be discussed • extend the timeframe to a suitableperiod to allowexpression of interest of all parties • adoptan inclusive approach, with no restrictions on the distance or on directly/indirectlyimpactedpopulation and on registered NGO • public participation by means of symposiums, workshops and hearingsinstead of employingquestionnaires, atleast for relevant and potentiallycontestedprojects

  11. Chinese publicparticipation in EIA: lessonlearned • Regulations alone are not determinant if they are not enforced and followed by a favorable implementing environment • Regulations shall be clear and detailed, comprising all key elements listed, but the attitude of the public authorities, project developers and EIA agencies applying them is crucial, as practices make the difference • key factors for public participation: “ex ante” and “ex post” environmental procedural rights: the rights of access to information and of access to justice • Lesson learned in recent Chinese experiences applies to every country!

  12. Thank you for your attention!Dr. Mariachiara Alberton Institute for Studies on Federalism and Regionalism, EURACmariachiara.alberton@eurac.edu

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