By Luo Ai and Xie Minru King & Wood Mallesons’ Commercial & Regulatory group.
On 12 June 2016, a draft amendment to the Water Pollution Prevention and Control Law of the People’s Republic of China (Consultation Paper) (the “Draft Amendment”) was released by the Ministry of Environmental Protection (“MEP”) on its official website. It is the first large-scale amendment to the Water Pollution Prevention and Control Law since it took effect in 2008. On 7 December 2016, the Draft Amendment was reviewed and adopted at the executive meeting of the State Council, to be submitted to the Standing Committee of the National People’s Congress (“NPC”) for consideration.
We note that the Draft Amendment contains significant changes to the industrial emissions licensing system, water pollution control and treatment and the exit of highly polluting enterprises, with more demanding requirements for polluters and stricter provisions on their legal liability. Once the Draft Amendment is adopted and takes effect, it will greatly affect polluting enterprises. What shall those affected do about it? This article aims to sort out and analyze the key issues addressed in the Draft Amendment.
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