On The Choice Of System For The Implementation Of The Environmental Impact Assessment Law

The environmental impact appraisal (EIA) practice in China has seen an embarrassed difficulty, namely co-existing of high frequency of EIA cases together with lots of cases against EIA, which weakens the EIA's function to achieve the national fundamental policy on the environmental protection, and can hardly provide a strong system support on promoting the national strategy of the scientific development. The reasons seem very complicated, but one important reason is shortage of the alternatives arrangement. The alternatives arrangement means there should be some other options besides the program arrangement itself. The system of the alternatives means a set of procedures or action rules to work out the alternatives arrangement when compiling and submitting the report of EIA. In specific, it's a legislative arrangement to guarantee the alternatives available when doing EIA. In a general review on the EIA system throughout the world, it may seem some differences in detailed appraisal process, content, object, subject, methodology, etc, but an effective EIA system depends on inter-activating mechanisms among the public participation, inter-department coordination and the alternatives arrangement. One key step when doing EIA is to appraise the alternatives arrangement, although such arrangement is not clearly stipulated in any law, the alternatives (or replaceable program) have been required in the EIA system. In the time when preparing the law of EIA in China, the alternatives arrangement has ever been argued. However this idea was finally given up, because "some departments and some localities" considered it's difficult to achieve, thus unnecessary. When the law once has been published, an important system missing left, and in a certain degree led to the current difficulty. If the alternatives arrangement could be realized, it's expected to provide more solutions during the EIA activity and make the EIA system more balanced and practicable. It's a long time to establish the alternatives system within the legislation process, an active preparation has to be done and revision has to be waiting for a proper time. Currently a temporary method on the alternatives arrangement of the EIA report should be developed and demonstrated at some places, when more operation experience achieved and proved wise, it will be the time to upgrade the EIA law with an alternative system arrangement.