Environmental impact assessment of projects in the People's Republic of China: new law, old problems

Abstract

After more than 20 years of experience with environmental impact assessment (EIA), the government of the People's Republic of China is set to introduce a new EIA Law, in September 2003, in which strategic environmental assessment (SEA) complements the current project-oriented EIA process. In general, the new law does not attempt to modify the existing EIA system in any radical ways, suggesting that the government consider current practices satisfactory. In order to assess the likely prospects of the new EIA Law for project-level EIA, this paper presents an evaluation of the current EIA process in China, first, establishing the historical context of the current process and, second, considering the main issues and concerns relating to the institutional and procedural arrangements, and practical implementation of the process. The main problems highlighted are as follows: the narrow historic focus on pollution of air, water and soil, at the expense of the consideration of wider environmental, social and health impacts; environmental protection agencies being funded by development-oriented local government administrations; the lack of consideration of alternatives in EIA processes; and the lack of effective public participation. More specific procedural issues are also discussed. On the basis of this analysis, we make recommendations for improving the effectiveness of EIA at the project level. The introduction of SEA in the new law marks a real step forward for EIA in China, although it appears to exclude central government policies, and there are improved provisions for public participation. However, the prospects for EIA in China will remain mixed as long as the new law leaves project-level EIA largely unchanged.