11 departments jointly promote the reform of compensation system for ecological environment damage

The reporter learned from the State Forestry and grass administration today that recently, the Ministry of ecological environment jointly issued the opinions on promoting the reform of the compensation system for ecological environment damage (hereinafter referred to as the opinions), and gave guidance from the aspects of damage investigation, compensation consultation, ecological environment restoration and restoration effect evaluation In order to solve the problems in the compensation of ecological environment damage, and promote the reform of the compensation system for ecological environment damage.

According to the opinions, the compensation right holder may designate relevant departments or institutions such as ecological environment, natural resources, forest and grass to be responsible for the specific work of ecological environment damage compensation according to the functions of relevant departments, focusing on the following seven aspects: first, the central and provincial ecological environment protection supervisors find that the compensation for ecological environment damage is needed; the second is the emergency ecological environment Environmental events; 3. Administrative punishment cases of resources and environment that cause ecological environment damage; 4. Cases suspected of constituting crimes of damaging environmental resources protection; 5. Environmental pollution and ecological damage events identified in the key ecological functional areas and forbidden development zones determined in land and space planning; 6. Clues to cases found in special actions of resources and environment, and law enforcement inspection; 7 Complaints, reports and media exposure related to the case clues.

For cases requiring the start of ecological environment restoration or damages, the opinions clearly stipulate that the compensation obligor shall consult with the compensation obligor on the specific issues such as the starting time and period of restoration, the way and period of liability for compensation according to the appraisal and evaluation report of ecological environment damage or the expert opinion, and the principle of "who damages and who shall bear the responsibility for the restoration".

According to the opinions, the restoration of damaged ecological environment can be treated in two situations: repair and non restoration. If it can be repaired, the compensation obligor shall repair it by itself or entrust a third party institution to repair it; if it is unable to repair, the compensation obligor may, after paying the compensation, organize the replacement restoration of the ecological environment by the compensation obligee and its designated departments or institutions as a whole according to the provisions.

The opinions encourage and support the compensation obligor to actively undertake the obligation of repair. If the obligor of compensation voluntarily requests ecological environment restoration before the negotiation fails to reach an agreement, after the parties confirm the fact of damage in writing, the compensation obligee and its designated departments or institutions may agree and supervise the process. Where the obligor fails to perform or fails to fully perform the judgment of the effective litigation case or the compensation agreement confirmed by the judicial department, the obligee of compensation and the designated department or institution may apply to the people's court for compulsory enforcement. In case the compensation obligor fails to perform or fails to fulfill his obligations completely, it shall be included in the social credit system and the measures such as market and industry prohibition and restriction shall be implemented within a certain period of time.

In terms of the evaluation of the restoration effect, the opinions clearly state that the compensation obligee and its designated departments or institutions shall organize the evaluation of the effect of the damaged ecological environment restoration after receiving the notification from the compensation obligor and the third party organization about the completion of the restoration of ecological environment damage. If the effect of the restoration fails to meet the repair objectives determined by the repair plan, the obligor shall continue to carry out the repair according to the compensation agreement or the court judgment.

In addition, the Opinions also make it clear that the right holder of compensation and its designated departments or institutions may invite experts and interested citizens, legal persons and other organizations to participate in the consultation on ecological environment restoration or compensation and accept public supervision. If the person in charge of the right to compensation and the person in charge of the designated department or institution or staff member abuse their power, neglect their duties and commit malpractices for personal gain in the compensation for ecological environment damage, they shall be investigated for responsibility according to the law; if they are suspected of committing a crime, they shall be transferred to the supervisory organ and the judicial organ. All regions should establish mechanisms for information sharing, case notification and regular consultation among departments, regularly exchange progress, difficulties and problems, and work together to ensure the implementation of reform and implementation.