Inner Mongolia Autonomous region issues regulations on compensation for Ecological and Environmental damage

A few days ago, in order to promote the standardization of eco-environmental damage compensation in Inner Mongolia Autonomous region, the people's Government of Inner Mongolia Autonomous region formulated and promulgated the regulations on Ecological Environmental damage compensation in Inner Mongolia Autonomous region (for trial implementation) (issued by the Office of the Interior (2022) No. 7, hereinafter referred to as the "provisions").

I. on the scope of application

In accordance with Article 2 of the provisions, these provisions shall apply to the investigation of cases of compensation for eco-environmental damage, appraisal and assessment of eco-environmental damage, consultation on compensation, supervision and administration of restoration in the administrative area of the autonomous region.

In addition, according to Article 4, the term "eco-environmental damage" as mentioned in these provisions refers to the adverse changes in the atmosphere, surface water, groundwater, soil, forests, grasslands, deserts, wetlands and other environmental elements and biological elements such as plants, animals and microorganisms caused by environmental pollution and ecological destruction, as well as the degradation of ecosystem functions composed of the above-mentioned elements.

II. On the right subject of compensation for eco-environmental damage

According to Article 5 of the provisions, the people's government of the autonomous region, the administrative office of the League and the municipal people's government shall be the holders of the right to compensation for eco-environmental damage in their respective administrative areas.

Eco-environmental damage across provinces (autonomous regions and municipalities) shall be compensated for by the people's government of the autonomous region through consultation with the relevant provincial-level people's government; eco-environmental damage of trans-alliance cities within the autonomous region shall be under the jurisdiction of the people's government of the autonomous region; and other eco-environmental damage shall be under the jurisdiction of the League administrative office and municipal people's government in the place where the damage occurred.

The holder of the right to compensation may designate departments or institutions such as ecological environment, natural resources, housing, urban and rural construction, water conservancy, agriculture and animal husbandry, forest and grass, etc., to be responsible for the specific work of compensation for ecological environment damage within the scope of their functions and responsibilities. The holder of the right to compensation shall designate in writing the department or institution to carry out the specific work of compensation for eco-environmental damage in the form of an instrument, and at the same time authorize the signing of relevant legal documents on compensation.

Where a case of compensation for eco-environmental damage involves two or more departments or institutions, the lead department or agency designated by the people's government at the same level shall be responsible for the compensation for eco-environmental damage, and other relevant departments or institutions shall cooperate.

III. On the subject of liability for compensation for eco-environmental damage

According to Article 6 of the provisions, the unit or individual that violates laws and regulations and causes damage to the ecological environment shall be the obligor of compensation for the damage to the ecological environment.

IV. The initiation of the investigation of compensation for eco-environmental damage

According to Article 13 of the provisions, when dealing with or handling the following cases or matters, the holder of the right to compensation and its designated departments or institutions shall at the same time determine whether it is necessary to initiate the investigation of compensation for eco-environmental damage:

(1) where the eco-environmental protection inspectors of the Central Committee and the autonomous region find that it may be necessary to carry out compensation for eco-environmental damage; (2) sudden eco-environmental events; (3) cases of resources and environmental administrative penalties for eco-environmental damage; (4) cases suspected of constituting a crime of undermining the protection of environmental resources; (5) key ecological functional areas identified in land and spatial planning, environmental pollution and ecological damage events that forbid development zones; (6) case clues found in various special actions on resources and the environment and law enforcement inspections; (7) case clues involved in letters and visits complaints, reports and media exposure.

In addition, according to Article 16, if, after investigation, it is found that it is necessary to initiate compensation for eco-environmental damage, the department or institution designated by the right holder of compensation shall report to the person in charge of the department or institution for approval and file the case.

V. Identification and assessment of eco-environmental damage

Article 17 stipulates that the department or institution designated by the right holder of compensation for eco-environmental damage shall, depending on the circumstances, organize to carry out appraisal and assessment of eco-environmental damage or simple assessment.

The holder of the right to compensation and its designated department or institution may, in accordance with the relevant provisions, entrust an institution that meets the requirements to issue an appraisal and evaluation report, or may, in consultation with the indemnity obligor, jointly entrust the above-mentioned institution to issue an appraisal and evaluation report.

VI. Consultation on compensation for eco-environmental damage

(I) the principle of consultation

If it is necessary to initiate eco-environmental restoration or compensation for damage, the department or institution designated by the right to compensation shall, on the basis of the appraisal and assessment report of eco-environmental damage or with reference to expert opinions, and in accordance with the principle of "who damages, who shall be responsible for restoration", hold a consultation meeting with the indemnity obligor on specific issues such as the time and time limit for the start of restoration and the mode and time limit of liability for compensation. If the case is complicated, communication can be organized before the first consultation. (article 21)

(II) consultation procedures

If there are differences in the consultation meeting, the department or institution designated by the compensation right holder and the compensation obligor may agree on a time for further consultation, which in principle shall not exceed 10 working days. In principle, the number of consultations shall not exceed 3, and the period of consultation shall not exceed 90 days, which shall be counted from the date when the department or institution designated by the compensation right holder serves the consultation notice on the compensation obligor. (article 27)

(3) the handling of the compensation agreement reached after consultation

If the holder of the right to compensation and the obligor of compensation reach an agreement through consultation, the Agreement on compensation for Eco-environmental damage shall be signed and may apply to the people's court with jurisdiction for judicial confirmation. (article 28)

The department or institution designated by the right holder of compensation shall disclose the contents of the agreement within 3 working days after the judicial confirmation of the Agreement on compensation for Ecological Environment damage. (article 29)

VII. If negotiation fails, a lawsuit for compensation for ecological and environmental damage will be brought.

(1) under any of the following circumstances, it shall be deemed that the negotiation of compensation for eco-environmental damage has not been reached (Article 30):

1. The indemnity obligor gives a written reply and disagrees with the negotiation;

two。 Where the compensating obligor fails to give a written reply within the prescribed time;

3. The indemnity obligor refuses to participate in the consultation meeting or withdraws from the consultation meeting without reason;

4. If a consultation fails to reach an agreement, and the compensation obligor, upon notification, expressly refuses to consult or fails to reply within the time limit;

5. The two parties fail to reach an agreement on compensation after three consultations;

6. Failing to reach an agreement on compensation beyond the time limit for negotiation;

7. Other circumstances in which the consultation is terminated.

(II) the convergence of consultation procedures and ecological claims litigation (Article 31)

If the negotiation on compensation for eco-environmental damage fails, the department or institution designated by the right holder of compensation shall, within 10 working days, file an action for compensation for eco-environmental damage to the people's court with jurisdiction, and at the same time inform the procuratorial organ at the same level in writing, the procuratorial organ may support the prosecution in accordance with the law.

The departments of ecological environment, natural resources, housing, urban and rural construction, water conservancy, agriculture and animal husbandry, forest and grass, etc. shall provide evidential materials and technical support to the environmental civil public interest litigation filed by the procuratorial organs.

VIII. Supervision and management of eco-environmental damage repair

(I) initiation of ecological restoration procedures (Article 34)

After the department or institution designated by the compensation right holder receives the evaluation application submitted by the main body of the restoration project, organize appraisal and evaluation institutions to evaluate the restoration effect of the damaged ecological environment to ensure that the ecological environment is repaired in a timely and effective manner.

If it fails the evaluation, the subject of the restoration project shall carry out rectification and reform in accordance with the requirements of the repair and apply for reexamination in a timely manner.

(II) compulsory enforcement by the court in the event that the indemnity obligor fails to perform the obligation of repair (Article 35)

If the indemnity obligor fails to perform or does not fully perform the compensation agreement confirmed by the judiciary, the indemnity obligee and its designated department or institution may apply to the people's court with jurisdiction for compulsory enforcement. Non-performance or incomplete performance of obligations by compensation obligors shall be incorporated into the social credit system, and measures such as market and industry restrictions and restrictions shall be implemented within a certain period of time.