1 / 12

Business School

Business School. Chinese Law on Public Participation in the Decision-Making Process of Renewable Energy Projects. Yankun Zhao yankun.zhao@student.unsw.eud.au PhD candidate, The University of New South Wales, Sydney. Outline. Background A tension and the current situation.

mbarrett
Download Presentation

Business School

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Business School Chinese Law on Public Participation in the Decision-Making Process of Renewable Energy Projects Yankun Zhao yankun.zhao@student.unsw.eud.au PhD candidate, The University of New South Wales, Sydney

  2. Outline • Background • A tension and the current situation 2. Practical Issues • Achievement • Implementation issues • 4. Potential Suggestions • Who • When • How 3. Legal Issues • Legal framework • Legal issues 5. Future Research: Comparative legal research

  3. 1. Background A tension between the development of REPs and public participation – efficiency vs. democracy Renewable energy projects (REPs): EU - Renewable Energy Directive 2009: 20% China - Renewable Energy Law; Thirteenth Five-year Plan:15% Public participation (PP): EU - The Aarhus Convention 1998 China - Environmental Protection Law 1989 (amendment 2014) EIA Law 2003 to EIA Law 2016 ‘Green on Green’ - Charles R. Warren et al

  4. Background (continued) a. The development of public participation law in China: b. The development of REPs: Hydropower, wind power, solar power, tidal power etc. • Practicing period (2003-2006): EIA Law 2003 • Growth period (2006-2009): Provisional Measures 2006 • Methods of Environmental Information Disclosure (Trial Version) 2008; • Regulation of Planning EIA 2009 • Improvement period (2009-present): Local EIA regulations • Environmental Protection Law 2014 • Revisited EIA Law 2016 • ---The report of Study 3 of EU-China Environmental Governance Programme 2012

  5. 2. Practical issues • Achievements • b. Implementation issues and reasons • Tradition/culture: different concepts of public participation • A lack of effective public participation in the decision-making stage: • unorganised demonstration; • complaints about other matters; • irrational; • late participation (after construction) • Reasons ---- Terry, Thomas and Martin 2012

  6. 3. Legal Framework Rio Declaration A source of international law Revised EIA Law 2016: article 14, 17,18, 22, 25, 31, 32 Environmental Impact Assessment Law 2003 (EIA Law 2003) Administration License Law 2003 (ALL 2003)-public hearing The Amendment of Environmental Protection Law 2014 National Law Regulation on the Administration of Construction Project Environmental Protection 1998 The Regulation of Government Information Disclosure 2007 The Regulation of Environmental Impact Assessment of Planning 2009 Administrative Regulation (State Council) Provisional Measures of Public Participation in Environmental Impact Assessment 2006 Measures of Environmental Information Disclosure (Trail) 2007 Circular on Further Strengthening the information Disclosure of Environmental Protection 2012 Technical Guideline of Environmental Impact Assessment (draft for soliciting) 2011 Department Rules Guangdong Province 2007; Zhejiang Province 2008; Shanghai 2013; Shandong Province 2012; Beijing 2007; Shanxi Province 2009 Local regulations

  7. 3.Legal issues (Continued) a. Improvements since 2003 National to local; EIA procedure; affected public; methods b. Legal Issues

  8. Who is ‘the public’?

  9. Which projects require public participation in decision-making?

  10. When and how to conduct public participation?

  11. 4. Possible suggestions Who: ‘stakeholder analysis’ (Stanghellini2010) – ‘the public analysis’ When: early stage – scoping stage How: different public involved at different stages with different methods rather than surveys 5.Further research • Further research on implementation issues • Further analysis of suggestions • Comparative study on EU and China

More Related