The significant changes in Environmental Protection Law in 2014

At the end of April, the Chinese government approved changes to the Environment Protection Law of the People's Republic of China, for the first time in 25 years. The new version of this law will come into force on the 1st of January 2015.

The firsts aftermaths brought by this new set of rules is the creation of a greater liability system, through the following features.

Under the Revised Law, more projects will be subjected to environmental impact assessment. Enterprises shall not commence projects that have not undergone an environmental impact assessment and found in accordance with the law.

The Revised Law compels enterprises to establish environmental protection responsibility systems.

The Revised Law also compels enterprises to apply for a license for discharging pollutants, and to observe the requirements of the license.

Enterprises are required to prepare emergency response plans for incidents.

The second set of aftermaths triggered by the new set of rules is the implementation of more severe punishment for illegal acts

Under the Revised Law, competent authorities will be able to take measures such as restricting and suspending production in order for the company concerned to rectify the situation.

The Revised Law establishes a "daily penalty" system, and sets no limit to the total amount. If the enterprise does not comply, the authority that imposed the penalty may impose cumulative daily fines until the compliance.

A system of joint liability is also considered : between the enterprises and the institutions engaging in the maintenance and operation of environmental monitoring equipment and pollution prevention and control facilities can also be held jointly liable for pollution or ecological damage.

The last, but not least set of aftermaths triggered by the new set of rules is the creation of a Public-interest litigation system. It will provide a legal channel for citizens and community groups to participate in environmental protection. To be able to raise such a claim, there are requirements that the organization is required to meet. For example, it must have specifically engaged in public environment protection activities over five consecutive years.