The full text is here. The "Several Provisions on Improving the Ecological Environment Protection System in Pudong New Area of Shanghai" will be implemented from August 15th. The ecological environment | People's Government | Full text

Release time:Apr 13, 2024 23:40 PM

The Several Provisions on Improving the Ecological and Environmental Protection System of Pudong New Area in Shanghai have been passed by the Third Meeting of the Standing Committee of the 16th People's Congress of Shanghai on June 20, 2023, and are hereby promulgated. They will come into effect on August 15, 2023.

Provisions of Shanghai Municipality on Improving the Ecological Environment Protection System in Pudong New Area

Article 1 In order to create a beautiful Pudong where man and nature coexist harmoniously, and to further improve the ecological environment protection system of source prevention, process control, damage compensation, and accountability, these regulations are formulated in accordance with the basic principles of relevant laws and administrative regulations, combined with the actual conditions of Pudong New Area.

Article 2: Pudong New Area shall establish and improve a leadership mechanism for ecological civilization construction, and implement the same responsibility of the Party and government for ecological environment protection and dual responsibilities for one position.

The People's Government of Pudong New Area should establish an ecological civilization construction target assessment system guided by green development, establish a district level supervision and accountability mechanism for ecological environment protection work, supervise the performance and completion of environmental protection responsibilities of relevant administrative management departments, street offices, and town people's governments at the same level, and hold relevant units and responsible persons accountable in accordance with the law.

The departments of ecological environment, development and reform, science and technology economy, construction of transportation, planning resources, agriculture and rural areas, urban management and law enforcement, finance, as well as management bureaus, street offices, and town governments in Pudong New Area shall fulfill their respective responsibilities in accordance with regulations, improve policy measures, deepen institutional innovation, and do a good job in ecological environment protection.

Article 3: Pudong New Area shall incorporate carbon peaking and carbon neutrality into the overall economic and social development, establish and improve incentive and constraint mechanisms for reducing pollution emissions and greenhouse gas emissions, and promote the comprehensive green transformation of economic and social development.

The ecological and environmental department of Pudong New Area should promote the coordinated compilation of atmospheric pollutant source emission lists and greenhouse gas emission lists, and promote the coordinated control of greenhouse gas and pollutant emissions. When preparing environmental impact reports for construction projects and industrial park planning, carbon emissions should be included in the scope of environmental impact assessment in accordance with relevant national and local regulations.

Article 4: For areas in Pudong New Area that have completed relevant regional planning environmental impact assessments and effectively implemented the conclusions and review opinions of planning environmental impact assessments, a linkage between planning environmental impact assessments and construction project environmental impact assessments can be implemented. Construction projects that meet the conditions within the region can implement measures such as simplifying the procedures for environmental impact assessment.

The ecological and environmental department of Pudong New Area can simultaneously handle the approval of environmental impact assessment and pollutant discharge permit within its administrative area based on the application of the administrative counterpart.

Article 5: Pudong New Area shall coordinate the governance of rural ecological environment, the construction of rural infrastructure, and the green development of agriculture.

Pudong New Area is exploring the implementation of standardized management for farmland drainage to prevent and control agricultural non-point source pollution. The agricultural and rural departments in Pudong New Area should optimize the spatial layout of livestock, poultry, and aquaculture, strengthen the prevention and control of pollution in livestock, poultry, and aquaculture, and supervise and guide the use of fertilizers and pesticides.

Article 6: The ecological and environmental department of Pudong New Area shall, in conjunction with relevant departments, establish a control mechanism for new pollutants such as persistent organic pollutants, endocrine disruptors, antibiotics, etc., and adopt environmental risk control measures such as prohibition, restriction, emission restriction, and mandatory clean production audits in accordance with national and local regulations, to strengthen the control and governance of new pollutants in production, processing, use, and disposal.

Article 7: The ecological and environmental department of Pudong New Area shall strengthen the supervision and management of enterprise environmental information disclosure. In addition to enterprises that are required by national regulations to disclose environmental information, key environmental risk control units in Pudong New Area and key greenhouse gas emitting units in industries covered by the national carbon emission trading market should also disclose relevant environmental information.

The list of key environmental risk control units in Pudong New Area and key greenhouse gas emitting units belonging to the industries covered by the national carbon emission trading market shall be determined and published by the ecological and environmental department of Pudong New Area in accordance with regulations, and their regulatory requirements and legal responsibilities shall be implemented in accordance with the provisions of enterprise environmental information disclosure management in accordance with the law.

Article 8: Units or individuals who violate national regulations and cause ecological environment damage shall bear the responsibility for ecological environment damage restoration and compensation in accordance with the law.

The People's Government of Pudong New Area is the right holder for ecological and environmental damage compensation within its administrative area. The street office and town people's government are responsible for the specific work of ecological environment damage compensation in their jurisdiction; The relevant industry regulatory authorities in Pudong New Area are responsible for the specific work of cross regional and major ecological environment damage compensation. The relevant industry regulatory authorities in Pudong New Area should strengthen their business guidance to street offices and town governments.

Environmental public welfare organizations registered in accordance with the law can be invited to participate in ecological and environmental damage compensation work as third parties for consultation, repair supervisors, and other identities.

Article 9: For cases with simple facts of ecological environment damage, undisputed liability determination, and minor damage, electronic assessment of ecological environment damage identification shall be explored in Pudong New Area.

A hearing can be organized during the negotiation stage of compensation for ecological and environmental damage. If an agreement on compensation for ecological and environmental damage is reached through consultation, judicial confirmation may be applied to the people's court with jurisdiction in accordance with the law. The performance of compensation agreements serves as a discretionary factor in ecological and environmental administrative penalties.

Article 10: The responsible person shall compensate for the relevant losses in accordance with the law and bear the relevant expenses within the scope of ecological environment damage compensation.

If the damage to the ecological environment can be repaired, the responsible person shall restore it to the baseline level before the ecological environment damage or the acceptable level of ecological environment risk. If the damage to the ecological environment cannot be repaired, under the premise of complying with relevant ecological environment restoration regulations, policies, and plans, alternative restoration can be carried out or obligations can be fulfilled by subscribing to carbon sinks and other means to improve ecological benefits, achieving equal restoration of the ecological environment and its service functions.

Pudong New Area is exploring the establishment of an ecological environment public welfare fund system to ensure the implementation of public welfare projects such as ecological environment restoration.

Article 11: Those who intentionally pollute the environment or damage the ecology in violation of national regulations and cause serious consequences shall bear punitive compensation liability in accordance with the law. The amount of punitive compensation generally does not exceed three times the loss caused by the loss of service function during the period from the damage to the ecological environment to the completion of restoration, or the loss caused by permanent damage to the ecological environment function.

Article 12: The People's Government of Pudong New Area and relevant procuratorial organs shall establish and improve a coordination mechanism between ecological environment damage compensation and public interest litigation. The departments of ecological environment, urban management and law enforcement, planning resources, construction transportation, agriculture and rural areas, and relevant procuratorial organs in Pudong New Area should strengthen communication and coordination, carry out cooperation in ecological environment information sharing, clue transfer, professional consultation, and support for prosecution.

Article 13: When the urban management law enforcement department of Pudong New Area conducts on-site inspections of ecological and environmental matters, it may conduct on-site sampling in accordance with relevant technical specifications, and monitoring data can serve as evidence for administrative law enforcement. The ecological and environmental department of Pudong New Area can entrust environmental monitoring institutions with corresponding qualifications to carry out monitoring in accordance with national and local regulations, and issue monitoring data. Monitoring data that has been reviewed can only be used as evidence for ecological environment supervision, management, and law enforcement.

The ecological environment, agriculture and rural areas, urban management and law enforcement departments in Pudong New Area can use technologies such as automatic monitoring, remote sensing, energy consumption monitoring, radar monitoring, and video monitoring to conduct ecological environment supervision and inspection.

Article 14 If environmental impact assessment agencies, environmental monitoring agencies, and third-party organizations engaged in the maintenance and operation of environmental monitoring equipment and pollution prevention facilities fail to provide relevant environmental service activities in accordance with laws, regulations, and relevant technical specifications, or engage in fraudulent activities in relevant environmental service activities, unless otherwise provided by laws and administrative regulations, the urban management law enforcement department of Pudong New Area shall order them to suspend business for rectification, impose a fine of not less than 100000 yuan but not more than 1 million yuan, and impose a fine of not less than 20000 yuan but not more than 200000 yuan on their main responsible persons. Those who are responsible for the environmental pollution and ecological damage caused shall not only be punished in accordance with the law, but also bear joint and several liability with other responsible parties for the environmental pollution and ecological damage.

If the construction unit or construction unit fails to obtain a certificate in accordance with regulations and conducts construction operations that generate noise at night in areas where noise sensitive buildings are concentrated, they shall be fined and ordered to make corrections. If they refuse to make corrections, the urban management law enforcement department of Pudong New Area may impose continuous daily penalties based on the original penalty amount from the day after the day of the order to make corrections.

Article 15: These regulations shall come into effect on August 15, 2023.

The full text is here. The "Several Provisions of Shanghai on Promoting the Development of Financial Leasing in Pudong New Area" will be implemented from October. | Medical Devices | Shanghai Municipality

The Provisions of Shanghai Municipality on Promoting the Development of Financial Leasing in Pudong New Area, which were adopted at the 4th Session of the Standing Committee of the 16th Shanghai Municipal People's Congress on July 25, 2023, are hereby promulgated and shall come into force on October 1, 2023. Provisions of Shanghai Municipality on Promoting the Development of Financial Leasing in Pudong New Area Article 1 In order to promote the high-quality development of financial leasing in Pudong New Area, give full play to the function of financial services for the real economy, and promote the construction of the core area of an international financial center, these Provisions are formulated in accordance with the basic principles of relevant laws and administrative regulations and in the light of the actual conditions of Pudong New Area. Article 2 These Provisions shall apply to the promotion of development, management services and other activities of financial leasing companies whose domicile is in Pudong New Area. Article 3 The People's Government of Pudong New Area shall establish a financial leasing industry to promote development and coordinate supervision and management.

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