On September 18, 2020, Guangdong Province, China released “Guangdong Provincial Measures on Compensation for Ecological and Environmental Damage(Trial)”. The Measures stipulate the work process of the compensation parties, case investigation, negotiation, restoration supervision, and fund management.
The main points of the Measures are as follows.
The indemnitor is an individual or enterprise that violated the law and caused environmental damage（polluting or destroying environment and causing adverse changes in the air, water, other environmental elements or biological elements such as plants, animals, and microorganisms）.
Investigation of ecological and environmental damage cases
The competent government agency shall commission an agency qualified by judicial appraisal or an agency satisfying the relevant requirements of the State to appraise and assess the ecological environmental damage when an ecological and environmental damage case occurs. The commissioned investigation agency shall prepare an investigation report on the ecological environmental damage case, which should include the fact, extent, impact scope of the ecological and environmental damage, results of the investigation, and recommendations for reparation or compensation for the ecological environment damage within 60 days. In addition, a proposal on compensation for ecological and environmental damage shall be prepared based on the investigation report and appraisal report within 30 days after the completion of the investigation report.
Negotiation and agreement
The indemnitor shall consult with the indemnitee in accordance with the proposal on compensation for ecological and environmental damage. If an agreement is reached, the indemnitee or its representative enters into an indemnity agreement with the indemnitor on the basis of the investigation report, which shall include the startup time of the restoration project, the scope of compensation liability, the cost of clean-up, the cost of environmental restoration and the fulfillment method for compensation liability. The indemnitor shall be responsible for the restoration until the required restoration goals have been achieved.
If the compensation agreement cannot be implemented or if the compensation indemnitor fails to fully implement the agreement, the indemnitee or his/her representative may bring a civil action to the court.
The original text of the above Measures can be found from the following URL (Simplified Chinese).