MENG Wenna    Law School

Abstract：Hydraulic engineering plays an important role in China's economic and social development, undertaking major tasks such as flood control and disaster reduction, hydroelectric power generation, water supply and irrigation, and are also an important part of the construction of clean energy system. At the same time, the development, construction and operation of hydraulic engineering may also have a negative impact on the regional ecological environment, so it is very important to strengthen the environmental management of hydraulic engineering . The legalization of environmental management of hydraulic engineering can not only effectively prevent the environmental risks of hydraulic engineering , ensure the safety of water ecological environment, but also better release the comprehensive benefits of hydraulic engineering and promote their sustainable development. In this paper, by sorting out the current situation of China's water conservancy engineering environmental management laws and regulations, it is found that there are five main problems in China's water conservancy engineering environmental management legal system. First of all, there are a large number of administrative agencies with regulatory rights in the process of environmental management of hydraulic engineering, and there are overlapping functions and conflicts of rights. Secondly, the implementation of environmental impact assessment system of hydraulic engineering is not standardized. In practice, the pre-assessment link of environmental impact assessment is cancelled, and the regulations of environmental impact assessment tracking evaluation are not clear. Thirdly, the environmental management of hydraulic engineering lacks an operational ecological flow guarantee system. Ecological flow, as a baseline to guarantee the ecological environment of rivers and lakes, is only a principle provision in the law. At the same time, the law does not pay enough attention to ecological diversity in project planning and operation stage. Finally, there is a lack of accountability mechanism for poor environmental management of hydraulic engineering. The current responsibility investigation mainly focuses on the safety production of projects and the maintenance responsibility of project subjects. The provisions on environmental management responsibility are too general and lack of pertinence. In view of the above problems, the following suggestions are put forward: First, the discussion and coordination mechanism of water conservancy project environmental management is set up, and the specific work scope of water conservancy project management unit is clarified; Secondly, the pre-examination of environmental impact assessment of major hydraulic engineering should be resumed, and the procedures of environmental impact tracking assessment of hydraulic engineering should be improved. Thirdly, ecological flow should be taken into account in watershed planning and water volume planning, and the guarantee subject and guarantee mechanism should be defined. At the same time, biodiversity conservation is incorporated into project planning, with ecological scheduling as an auxiliary means. Finally, improve the accountability system of units and agencies involved in the process of environmental management of hydraulic engineering, and increase the liability forms such as lifelong responsibility system and qualification penalty.

Read the article here:    水利工程环境管理法律问题研究_孟文娜.pdf