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Chinese Environmental law and its Impact on Foreign Investment

 2.2.3 the System of “Three-Simultaneity”
 Enterprises with foreign investment should implement the principle of “have prevention as the main concern” and its installation for preventing and controlling pollution and other pollution hazard must be designed, built and put into operation simultaneously with the principle part of the project.
 2.2.4 the “Pollutant Discharge Fee” System
 According to the principle of “the pollution pays” , the departments of environmental protection administration are empowered to levy pollutant discharge fee and exercise pollutant discharge fee on enterprises with foreign investment who discharged pollutant. However, the payment of such fees shall not exempt such enterprises from the responsibilities of controlling pollution, compensation for damages caused or other responsibilities as prescribed by law which they should bear.
 2.2.5 the system of “Discharge Permit”
 Pollutant discharge enterprises with foreign investment must within a set time, holding the pollutant discharge declaration and registration forms approved by the local competent department of environment pollution administration, apply for Discharge Permit. Enterprises with Temporary Discharge Permit shall reduce their discharge quantity within a set time.
 2.2.6 “on-set Inspection” System
 The competent department of Environmental Protection administration shall be empowered to make on-site inspections of enterprises with foreign investment. Under their jurisdiction that truthfully report the situation to them and provide them with the necessary information.
 2.2.7 the system of “emergency measures”
 Any enterprise with foreign investment that, as a result of an accident or any other exigency, has caused or threatens to cause an accident of pollution must promptly take measures to prevent and control the pollution hazards, make the situation know to such units and inhabitants as are likely to be endangered by such hazards, report the case to the competent department of environmental protection administration of the locality and the departments concerned and accept their investigation and decision.


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