0303? ? ? Aims of the Research Methodology Report Overview ? !?“?#? The Mining and Minerals Industry in China The Impacts of Mining in China Conclusion ?$!?“?#? Institutions Responsible for Regulation of the Mining Industry Legal Summary of existing environment in project area; Analysis, prediction and assessment of effects that the construction project may have on the environment; Description of measures that will be taken to mitigate adverse environmental impacts; Comparison of the economic benefits and environmental impacts; Proposal for monitoring the environmental impacts of project; Conclusion on the overall evaluation of the projects impacts.? Project developer must prepare an environmental impact form containing assessment of the main potential impacts. ? Projects with minor environmental impacts require an environmental impact registration and a detailed assessment is not necessary. resources. These offences are punishable by a fine or time in prison, and in cases where the damage is serious the sentence may be higher.? Chinas Tort Law also states that if a party causes environmental pollution that results in harm they may also be subject to tort liability.? Environmental Impact Assessment LawAn environmental impact assessment (EIA) is an evaluation of the potential positive and negative impacts of a proposed plan or project. EIAs take into account the environmental, social and economic elements of a project and propose measures to avoid or mitigate potential harms. The concept of the EIA was first introduced in China in the 1970s, and in the following years the requirements and regulation of the EIA process began to evolve.? Chinas amended Environmental Protection Law states that projects with environmental impacts shall be subject to environmental impact assessment which is developed in accordance with the relevant laws. Without an EIA, construction must not commence. In cases where an EIA needs to be conducted, the project owner must communicate with potentially-affected people and solicit public opinions. The government department responsible for examining and approving the EIA documents must make the documents public, with the exception of details that concern commercial secrets or information deemed confidential by the State.? The principle law related to EIAs is the Environmental Impact Assessment Law which was adopted in 2002. The law says assessments should be objective, open and impartial and provide a scientific basis for decision-making. The law creates three categories for different types of projects depending on whether the potential impacts are major, moderate or minor. Only those with major impacts require a full “EIA Report”. The EIA law gives a basic outline of what should go into an EIA report.? Additional guidelines have been published by the MEP which provide more detailed instruction as to what should be included in an EIA 31Report. This includes specific guidelines for mining projects.? The law states that for projects that are likely to have major impacts, the project developer must seek the opinions of relevant entities, experts and the general public. This should be done through public meetings, hearings or other means. When the project developer submits its EIA report to the relevant authorities, the developer should explain why it adopts or rejects any comments submitted during the consultation process. If an EIA evaluation document fails to gain approval of the examining body, the project should not be approved or commence construction. ? After project approval and during construction, project developers must implement the mitigation measures that were set out in the EIA report in order to avoid or minimize environmental impacts. In order to monitor the impacts of projects after construction commences and when they become operational, the environmental protection authorities are required to conduct follow-up inspections.? The EIA process is a crucial element of Chinas regulatory framework. Due to the potential for serious environmental impacts associated with mining and mineral processing projects, EIAs are required before projects can be legally approved. If a project developer fails to complete an EIA, they may be fined or subject to administrative punishment. However, the maximum fine according to the Environmental Impact Assessment Law is RMB 200,000 (approximately US$32,700),?which is not a significant amount for a major company. It may be the case that operating illegally and paying the fine is more profitable than implementing a project that is in full compliance with the law. One study from 2005 found that more than 50% of EIAs are conducted after a project has commenced construction