China greatly enhanced its public participation requirements by adding Chapter 5, Environmental Information Disclosure and Public Participation, in its 2014 revisions to its Environmental Protection Law. Under article 56, “The project owner of a construction project for which an environmental information report should be prepared pursuant to the law shall explain relevant situations to the potentially affected public when preparing the report, and solicit public opinions. The competent department responsible for examination and approval of the report shall publish the full text of the environmental information report upon receipt thereof with the exception of State secrets or commercial secrets. In the case of a construction project failing to solicit public comments sufficiently, the competent department shall order the project owner to fulfill the task.” China published rules implementing these requirements, Measures for Public Participation in Environmental Protection. These rules require greater explanation of projects by the project owners and competent departments to the public. Further, they not only require that the agencies “take into full consideration” the opinions and suggestions of the public on environmental matters, but that they give feedback to the public and nongovernmental organizations “in an appropriate manner.” It also provides that agencies may give financial support and guidance to civil society.
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China