Some Legal Issues On The Evaluation Of China’s Coastal Mudflat Development And Utilization Of Resources And Environment Effect

Environmental impact assessment, pioneered in the United States, is refers to the planningand construction projects after the implementation of the environmental impact of analysisprediction and assessment, and put forward countermeasures and measures to prevent or reducethe adverse effects and tracking monitoring method and system. In1969, The United Statesenacted the National Environmental Policy Act of1969（NEPA), and the environmental impactassessment for the first time as a national federal system that the government management mustfollow, and then it was adopted by other countries. Our country enacted in1979,"environmentalprotection law (trial)" rules for the implementation of environmental impact assessment ofconstruction projects, and in2002, and formally issued and implemented, the environmentalimpact assessment act in the form of special legislation for the first time established the system ofenvironmental impact assessment.Analysising of combing the environmental impact assessment system in our country, foundthat the object of adjustment on specific itself if there is a "construction project""environmentalpollution" problem, whether it "pollution" has become the "construction project" theimplementation of environmental impact assessment of the main criteria. Some macrodecision-making (including policies, rules, regulations, regulatory documents, etc.) are notincluded in the environmental impact assessment of the object which have significant impact onthe environment; at the same time, construction project that emit little have also been ignored. Asfor the development and utilization on coastal beaches, like beach isolation, segmentation,reclamation and other acts, Because of its own does not produce so-called "pollution", and doesnot necessarily point to the environmental impact assessment "construction project" coincide,therefore, we tend to neglect the environmental impact assessment. In this case, we think that in aboom of coastal beaches development, and we must re-examine and study the environmentalimpact assessment system, especially in the coastal beaches resources development and utilizationprocess must be strictly implemented.According to the characteristics of the coastal beach resources and the present situation of thedevelopment and utilization, in our perspective, due to various reasons, the coastal beachresources exist a serious of problem like unclear ownership and correlated factors, leading somemisunderstandings about these resources in economic value, social value and ecological value.Aiming at the development and utilization of such activities, whether should take environmentalimpact assessment, and such problems as how to evaluate, we are not in the right place now. In thesummer of2012and2013, we conducted an investigation in4typical coastal beaches(Ningbo,Zhoushan, Taizhou and Wenzhou) which are located in Zhejiang Province, Throughquestionnaires and field interviews in the form of fieldwork resources development and utilizationof coastal shoals about the status of implementation of the process of environmental impact assessment and problems, we found there were a serious of problems such as light legal awareness,privately reducing the level for examination and approval of environmental protection lacking offull-time EIA experts, approval by the improper conduct "performance concept" Impact, not clearabout public participation in subjectivity, coastal beaches development and utilization is in amass.Us from truly carrying out environment impact appraisal responsibility, build unobstructedreport by management processes and strict examination and approval system, establishing aneffective mechanism of public participation, etc., exploring in the coastal shoal resourcesdevelopment and utilization in the process of standardization for the suitable countermeasures ofenvironmental impact assessment, the real from the source of the decision-making,implementation coastal shoal resources development and utilization in harmony with theecological environment protection of the road of sustainable development.