Opinions on Several Specific Issues Concerning Deepening the Reform of the Compensation System for Ecological Environment Damage

Environmental Regulation [2025] No. 6

Departments (bureaus) of Ecology and Environment, Justice, Finance, Natural Resources, Housing and Urban Rural Development, Water Resources, Agriculture and Rural Affairs, Animal Husbandry and Veterinary Medicine, Fisheries, Market Supervision and Administration Bureau, Forestry and Grassland Bureau, Disease Prevention and Control Bureau, High People's Court, People's Procuratorate, Xinjiang Production and Construction Corps Ecological Environment Bureau, Justice Bureau, Finance Bureau, Natural Resources Bureau, Housing and Urban Rural Development Bureau, Water Resources Bureau, Agriculture and Rural Affairs Bureau, Market Supervision and Administration Bureau, Forestry and Grassland Bureau, Disease Prevention and Control Bureau, People's Court, People's Procuratorate:

In order to implement the important speech of General Secretary Xi Jinping on strictly implementing the ecological environment damage compensation system at the National Ecological Environment Protection Conference, implement the decision and deployment of the Third Plenary Session of the 20th Central Committee of the Communist Party of China on coordinating the promotion of ecological environment damage compensation, and promote the deepening of the reform of the ecological environment damage compensation system, in accordance with the "Reform Plan for the Ecological Environment Damage Compensation System" (hereinafter referred to as the "Reform Plan") and the "Regulations on the Management of Ecological Environment Damage Compensation" (hereinafter referred to as the "Management Regulations"), the following opinions are proposed.

1、 Regarding the department or institution responsible for specific tasks

Provincial and municipal level governments authorized by the State Council (including district and county level governments under the jurisdiction of municipalities directly under the central government), as the right holders of ecological environment damage compensation within their administrative regions, may designate relevant departments or institutions to be responsible for the specific work of ecological environment damage compensation according to their respective responsibilities.

If a case of ecological environment damage compensation involves multiple departments or institutions, the leading department for the reform of the ecological environment damage compensation system (hereinafter referred to as the leading department) may be designated to be responsible for the specific work.

2、 Regarding the screening of case clues

The compensation rights holder and their designated department or institution shall organize screening of case clues in accordance with the requirements of the Management Regulations; Encourage the combination of local work practices, focusing on the key work of building a beautiful China, to increase the frequency and intensity of clue screening. Cases that have already achieved ecological environment damage restoration through administrative law enforcement, litigation, and other means are not included in the scope of clue screening.

Provincial and municipal ecological environment departments should play a leading and guiding role, coordinate and promote the overall work of clue screening in their respective regions, regularly summarize and analyze the situation of clue screening and related work progress, and do a good job in information sharing.

3、 Regarding the initiation of claims

For those who fail to initiate claims in a timely manner, the compensation rights holder shall request the department or institution that specifically carries out the claim work to initiate claims in a timely manner.

If the ecological environment damage has been restored through administrative law enforcement, litigation, or other means, or if the compensation obligor adopts methods such as ecological restoration, restoration of the original state, or subscription of carbon sinks, it shall be deemed that the compensation liability has been fulfilled and the claim may not be initiated. If it is decided not to initiate the transfer of clues by the People's Procuratorate, timely feedback should be given to the People's Procuratorate that transferred the clues.

4、 Determination of Significant Minor Cases

Significant minor cases refer to the cases specified in Article 18, Paragraph 1, Item 3 of the Management Regulations, where the ecological environment damage caused by environmental pollution or ecological destruction is significantly minor and does not require compensation.

The "significantly minor" situation refers to the situation where the amount of damage is extremely small or the ecological environment damage has not caused significant impact.

（1） Determination of minimal damage amount in the case

The provincial-level compensation rights holders and their designated departments or institutions shall make regulations based on the actual situation in the local area and field.

（2） Judgment without significant impact

1. Conduct a comprehensive evaluation of water, air, and soil pollution cases based on the nature of the pollutants emitted, the multiple of pollutants exceeding the standard, pH value, duration of pollution emissions, pollution scope, and whether the compensation obligor has completed rectification or pollution removal;

2. For solid waste cases, a comprehensive evaluation should be made from the aspects of solid waste stacking area, stacking duration, stacking quantity, stacking area, and whether it causes leakage, diffusion, etc;

3. For cases of destruction of wild animal and plant resources, a comprehensive evaluation should be made based on whether they are within the scope of national or local key protection, whether they are listed in the "List of Beneficial or Economically and Scientifically Valuable Terrestrial Wildlife under National Protection", and whether they have caused damage to biological resources and diversity;

4. Those who meet the criteria for administrative penalty discretion in this region or field and are not subject to administrative penalties;

5. Other circumstances where the provincial compensation rights holder and their designated department or institution believe that no significant impact has been caused.

For significantly minor cases, claims may not be initiated, except in the following circumstances:

（1） Cases where the damaged area falls within the ecological protection red line or natural protected areas;

（2） The compensation obligor has caused ecological and environmental damage due to illegal behavior, which occurs again within 2 years;

（3） Other circumstances where the provincial compensation rights holder and their designated department or institution believe that a claim should be initiated.

5、 Regarding the Investigation of Ecological Environment Damage

The investigation deadline should be set reasonably. We should make full use of various technological means and use analysis methods such as quantity balance to comprehensively investigate the frequency, duration, scope of impact, and actual damage caused by illegal activities.

The inspection records or inquiry records, investigation reports, administrative processing decisions, testing or monitoring reports, appraisal opinions or appraisal evaluation reports, effective legal documents and other materials formed by departments or institutions entrusted with relevant environmental and resource protection supervision and management responsibilities during the administrative law enforcement process can be used as proof materials for claims.

If the case involves multiple departments or institutions, the leading department can form a joint investigation team to conduct an investigation into ecological and environmental damage.

6、 Regarding appraisal and evaluation

The time for conducting ecological environment damage identification and assessment is not included in the case handling deadline.

The state shall establish and improve a unified technical standard system for ecological environment damage identification and assessment. The Ministry of Ecology and Environment is accelerating the research and development of relevant technical standards that are urgently needed in practice. After consulting with the relevant competent departments of the State Council, they are jointly released with the State Administration for Market Regulation. The relevant competent departments of the State Council may formulate relevant special technical specifications according to their responsibilities or work needs. Encourage localities to develop relevant specialized work guidelines and methods for evaluating the effectiveness of ecological environment damage restoration based on their responsibilities or work needs.

The appraisal and evaluation report should clarify whether the ecological environment damage can be repaired; For parts that can be repaired, the scope and requirements of the repairable areas should be clearly defined.

Appraisal and evaluation institutions and experts shall carry out appraisal and evaluation work in accordance with technical standards, and shall be responsible for the appraisal opinions, appraisal and evaluation reports or expert opinions issued.

7、 Regarding Compensation Negotiations

based on the ecological environment damage assessment opinions, assessment reports, or expert opinions, consultations shall be conducted in accordance with the principle of "whoever damages shall bear the responsibility for restoration".

（1） Negotiation format and deadline

Generally, a consultation meeting is held to negotiate with the compensation obligor, and it is encouraged to invite third parties to participate.

The negotiation period shall not exceed 90 days in principle, starting from the date of delivery of the written notice of negotiation to the liable party for compensation. The consultation meeting shall not exceed three times in principle. If the case is significant and complex, with the consent of the department or institution head designated by the compensation rights holder, the number of meetings may be appropriately increased.

（2） Compensation Agreement

Upon reaching a consensus through negotiation, sign a compensation agreement. The compensation agreement shall include basic information of both parties, facts of ecological environment damage, relevant evidence and legal basis, opinions of both parties on appraisal and evaluation conclusions, restoration goals, restoration plans, etc., methods and deadlines for fulfilling compensation responsibilities, methods and deadlines for evaluating restoration effects, responsibilities for breach of contract, and other necessary and clear contents.

（3） Negotiation failed

The following situations can be considered as negotiation failure:

1. The liable party for compensation explicitly refuses to negotiate or fails to submit a response within the time specified in the written notice of negotiation;

2. The liable party for compensation unreasonably fails to participate in or withdraws from the negotiation meeting;

3. Three consultation meetings have been held, and the compensation rights holder and their designated department or institution believe that it is difficult to reach a consensus through consultation;

4. If the negotiation notice cannot be served to the liable party for compensation by any means other than public announcement as stipulated in the Civil Procedure Law;

5. The liable party for compensation is unable to engage in negotiations due to being in a state of detention or other reasons;

6. Failure to reach a compensation agreement beyond the negotiation deadline;

7. Other circumstances where the compensation rights holder and their designated department or institution believe that the negotiation cannot be reached.

If the negotiation fails, a lawsuit should be filed in a timely manner to avoid prolonged negotiations.

（4） Encourage accountability

For those who actively participate in negotiations, timely fulfill compensation agreements, and carry out repairs, their performance can be provided to relevant administrative agencies for consideration when making administrative penalty decisions, or submitted to judicial agencies for reference when reviewing and handling cases.

8、 Regarding judicial /confirm/iation

If a compensation agreement is reached through consultation, the compensation rights holder, their designated department or institution, and the compensation obligor may apply for judicial confirmation to the people's court with jurisdiction.

If the people's court fails to provide judicial confirmation after review, it shall verify the relevant situation based on the judgment document and renegotiate. If renegotiation fails, a lawsuit should be filed promptly.

For the compensation obligor who fails to perform or partially performs their obligations, the people's court shall include them in the list of dishonest persons subject to enforcement in accordance with the law.

9、 Regarding the handling of simple cases

Simple cases refer to cases where the facts of the damage are simple, there is no dispute over the determination of responsibility, and the damage is relatively small, as stipulated in Article 20, paragraph 2 of the Management Regulations. The fact of damage is simple, mainly judged based on clear ecological and environmental violations and clear causal relationships. 'No dispute over liability determination' mainly refers to the absence of dispute over liability determination and division between the compensation rights holder and the compensation obligor, as well as between the compensation obligors themselves. 'Minor damage' mainly refers to the minimal adverse impact on the ecological environment caused, with an ecological environment damage amount not exceeding 300000 yuan (excluding expenses for ecological environment damage investigation, appraisal and evaluation). The relevant provincial-level compensation rights holders and their designated departments or institutions may adjust the amount of damages for cases subject to the simplified assessment procedure appropriately according to the local economic and social development situation, with a principle not exceeding 500000 yuan.

The ecological environment damage in simple cases can be assessed by experts or determined comprehensively by relevant administrative agencies through legal documents, monitoring reports, and other materials related to the case. The scale of comprehensive identification can be unified through reference to similar cases, analysis of typical cases, and other methods.

Experts participating in the appraisal and evaluation of simple cases can be selected from the relevant field expert pool or expert committee established by the municipal and above government and its departments, people's courts, and people's procuratorates, generally no less than 3 people. Experts should have relevant professional knowledge and the ability to identify and evaluate ecological and environmental damage. They should carry out their work in accordance with national and local identification and evaluation standards and provide expert opinions.

Each region should standardize the procedures for selecting experts, conducting evaluations, and issuing expert opinions, and strengthen the management of expert databases and expert committees.

10、 Regarding the scope of major cases

If any of the following situations exist, it belongs to the "major cases" stipulated in Article 32 (1) and Article 33 (3) of the Management Regulations:

（1） Cases of ecological environment damage compensation related to important ecological environment issues discovered by the central ecological environment protection inspection;

（2） Compensation cases for ecological and environmental damage caused by major or above sudden environmental events;

（3） Major and above ecological damage events;

（4） Major case situations clearly defined by provincial compensation rights holders based on local realities;

（5） Other ecological environment damage compensation cases that have a significant impact nationwide or within the administrative region.

11、 Regarding the connection with administrative law enforcement

Each region should establish and improve a mechanism for linking ecological and environmental damage compensation with administrative law enforcement, mainly including regular communication between ecological and environmental damage compensation and administrative law enforcement, information sharing, transfer of case clues, investigation linkage, etc. Especially, the screening, investigation, and fulfillment of compensation responsibilities for ecological and environmental damage compensation should be linked with specific work links such as administrative law enforcement filing, law enforcement investigation, legal review of cases, and making law enforcement decisions.

In the process of law enforcement, relevant regulations on ecological environment damage compensation should be explained to the violators, and they should be encouraged and guided to actively carry out ecological environment damage restoration and compensation.

12、 Regarding the connection with environmental public interest litigation

After initiating the investigation of ecological environment damage compensation, the competent people's court and people's procuratorate can be notified simultaneously.

The People's Procuratorate can provide legal support for negotiations and litigation on compensation for ecological environment damage. Departments such as ecological environment, natural resources, housing and urban-rural development, agriculture and rural areas (fisheries and fishery administration), water conservancy, forestry, and grassland can provide evidence materials and technical support for environmental civil public interest litigation cases filed by the People's Procuratorate.

When conducting consultations on compensation for ecological and environmental damage, people's procuratorates can be invited to participate; When filing a lawsuit, the People's Procuratorate may be requested to support the prosecution in accordance with the law; During the repair process, the People's Procuratorate can be invited to participate in supervision; When applying for compulsory enforcement, relevant information can be reported to the People's Procuratorate.

After accepting environmental civil public interest litigation cases, the people's court shall inform the department responsible for environmental and resource supervision and management of the defendant's behavior within 10 days. Upon receiving the notification, the relevant department shall promptly communicate and coordinate with the people's court regarding relevant work.

13、 Regarding the Restoration of Ecological Environment Damage

For cases where ecological environment damage can be repaired, the ecological function value of environmental resources should be reflected, and the compensation obligor should be urged to repair the damaged ecological environment. If agreed upon through consultation, the liable party for compensation may repair the damaged ecological environment on their own or entrust a third-party organization with repair capabilities to do so. The department or organization designated by the compensation rights holder shall carry out supervision and other work; If the negotiation fails, the compensation rights holder and their designated department or institution shall promptly file a lawsuit to demand that the compensation obligor assume the responsibility for repair.

For cases where ecological environment damage cannot be repaired or cannot be completely repaired, it is encouraged to carry out alternative repairs in accordance with relevant ecological environment restoration laws, policies, and plans, to achieve equal restoration of the ecological environment and its service functions; According to the actual situation of ecological environment and resource protection in the local area, if it is not appropriate for the compensation obligor to carry out alternative restoration in areas related to fisheries, the compensation rights holder and its designated department or institution shall organize alternative restoration as required. Encourage the construction of a database of alternative repair projects, including projects suitable for alternative repair in the local area. When choosing alternative restoration projects, priority should be given to projects that provide the public with a tangible sense of achievement in improving the ecological environment. If the compensation obligor pays compensation, the compensation right holder and its designated department or institution may, in accordance with relevant regulations such as national and local land spatial planning and ecological restoration planning, coordinate and organize alternative restoration in the place where the damage occurred.

Encourage the construction of ecological environment damage compensation and restoration bases according to local conditions, explore policy coordination mechanisms, and improve the comprehensive effect of ecological environment damage restoration.

Before the signing of the compensation agreement, if the compensation obligor voluntarily requests to carry out ecological environment damage restoration, after both parties confirm the fact of the damage in writing, the compensation rights holder and their designated department or institution may agree and supervise the process. When signing the agreement, repair requirements should be included as essential content.

14、 Regarding the evaluation of repair effectiveness

The evaluation of the effectiveness of ecological environment damage restoration should be stipulated in the ecological environment damage compensation agreement.

After receiving a notification from the compensation obligor or third-party organization regarding the completion of ecological environment damage restoration (including alternative restoration), the compensation rights holder and its designated department or institution shall organize an evaluation of the restoration effect of the damaged ecological environment.

If one of the following situations is met, the repair effect evaluation may not be organized:

（1） Relevant monitoring reports, acceptance reports, investigation reports, and other reports that have been formed, including the content of the repair situation, and can meet the needs of repair effect evaluation;

（2） Those who assume responsibility for ecological and environmental damage through labor compensation;

（3） Other situations where repair effect evaluation may not be organized.

If the repair effect does not reach the repair target determined by the repair plan, the compensation obligor shall continue to carry out the repair according to the compensation agreement or court judgment requirements.

15、 about fund management

For cases where ecological environment damage cannot be repaired, if the liable party for compensation does not carry out alternative repairs, the compensation funds shall be included in the general public budget management as non tax revenue of the government and paid into the national treasury at the same level. The management of compensation funds shall be carried out in accordance with relevant regulations of the financial department.

16、 Regarding the Implementation of Reform Responsibilities

According to the requirements of the Reform Plan and Management Regulations, the party committees and governments at the provincial, municipal, and prefectural levels are responsible for the overall compensation of ecological environment damage in their respective regions. They should strengthen organizational leadership, vigorously implement responsibilities, and promote the steady and orderly progress of ecological environment damage compensation work.

Each region should closely cooperate and form a joint force in accordance with the requirements of the local implementation plan, solidly promote and fully implement various tasks and measures, and ensure the effective implementation of reforms.

17、 Regarding Strengthening Training Promotion and Information Submission

All regions should promptly submit information on ecological environment damage compensation work and major case information. We need to strengthen the review of submitted information to ensure timely, accurate, and truthful submission.

Each region should strengthen the training of relevant business capabilities for ecological environment damage compensation, and enhance the exchange and learning of work experience and case handling skills. For outstanding achievements, experiences, practices, and typical cases formed in work, various forms and channels should be actively promoted, and timely reported to relevant higher-level administrative departments.

18、 Regarding the implementation date

This opinion shall come into effect from the date of publication. The Opinions on Several Specific Issues Concerning the Reform of the Compensation System for Ecological Environment Damage (Environmental Regulations [2020] No. 44) are simultaneously abolished.

Ministry of Ecology and Environment

Department of Justice

the Ministry of Finance

Ministry of Natural Resources

Ministry of Housing and Urban-Rural Development

Ministry of Water Resources

Ministry of agriculture and rural affairs

the State Administration for Market Regulation

National Forestry and Grassland Administration

National Bureau of Disease Control and Prevention

Supreme People's Court

Supreme People's Procuratorate

January 13, 2025

(This matter is publicly available)