To further regulate environmental impact assessments in highway planning and construction, the State Environmental Protection Administration has recently distributed the Notice on the Strengthening of Environmental Impact Assessments in Highway Planning and Construction on December 1,2007.
1. What procedure shall construction units go through before the construction project are approved in respect of environmental protection?
Following the prescribed procedures in the Law of Environmental Impact Assessment, Regulations on the Administration of Environmental Protection of Construction Projects and Decision of the State Council on Reforming the Investment System, the construction unit shall complete environmental impact assessment documents on a highway project and submit them to the competent department of communication for an advanced review, before the feasibility report and the project are approved. After the review, the documents shall be submitted to the authorized competent department of environmental protection and administration for approval. Without this approval, the development and reform department will not approve the feasibility report and the project. In such a case, the construction unit may not carry out the construction. If there are big changes in the main controlling part of a highway construction project, or changes in the length of the route exceeding 30%, changes in the number of service areas and construction site or any fundamental change in the measures against ecological and environmental damage, the construction units shall send the documents of environmental impact assessment with changes for approval before undertaking construction work, even though the documents have been approved before the change.
2. What requirements shall a new highway construction project follow?
New highway construction projects shall not cross special protected environmental areas, such as the core area and a buffer zone of natural protection areas. If this is unavoidable, construction units shall obtain authorization in advance. The highway construction project shall consume as little farmland, forest and grassland as possible and shall restore or compensate the affected ecology without delay. For projects approved to take up prime farmland, construction units shall prepare their environmental protection plans in the documents of environmental impact assessment.
Highway construction projects shall pay special attention to the protection of drinking water sources. Construction units shall avoid such areas when designing the route.
3. What measures shall construction units take during construction for the purpose of environmental protection?
The construction units shall adopt biological and engineering techniques to protect the living environment of wild animals and wild plants. If the construction project blocks a migration route of wild animals, construction units shall set another route or bridge. If it affects wild plants or old and precious trees, construction units shall take measures to avoid constructing in the site. If it is unavoidable, the construction unit shall remove the plants or trees to another place for protection. At the preliminary stage, construction units shall confirm anti-noise pollution measures and the investment budget according to the approved documents of environmental impact assessment. If there are buildings nearby that are sensitive to noise, the prevention measures, such as source controlling systems, shall be adopted to ensure the project meets the national environmental noise standards. Strict controls are required in the planning and construction of noise-sensitive-buildings along roads, to prevent problems related to excessive noise.
4. What is the “three-simultaneous system” on environmental protection in construction projects?
The “three-simultaneous system” on environmental protection in construction projects shall be adopted in highway construction. Following the requirements of the documents of environmental impact assessment, the design unit shall take environmental protection costs into account in its construction budget. Construction units shall implement a plan to monitor environmental protection during construction and submit it to the competent community and environmental protection departments. Furthermore, the liability of environmental protection for construction units and supervisory units shall be specified in the documents of construction bidding and the contract. In addition, the supervision of environmental protection shall be incorporated into construction supervision. Construction units shall send the report of supervision on environmental protection regularly.
