Farmers Claim Administrative License for Power Plant was Issued Illegally

August 31, 2005

A Zhejiang provincial court agreed in June to hear a case involving a lawsuit by 282 farmers against the Zhejiang Development and Reform Commission (DRC). The farmers alleged that the DRC's approval of an administrative license for a garbage burning power plant violated the Administrative Licensing Law, according to a June 13 report in the Legal Daily.

A Zhejiang provincial court agreed in June to hear a case involving a lawsuit by 282 farmers against the Zhejiang Development and Reform Commission (DRC). The farmers alleged that the DRC's approval of an administrative license for a garbage burning power plant violated the Administrative Licensing Law, according to a June 13 report in the Legal Daily.

According to the reports, the farmers claim that officials issued the permit in violation of article 47 of the Administrative Licensing Law, which says that persons directly affected by a permit are to be notified and have a right to demand a public hearing. The farmers seek to have the permit revoked for lack of notification, lack of proper approval for usage of the land, and because the Zhejiang Environmental Protection Bureau (EPB) did not explicitly approve the construction of the plant. The farmers charge that pollution from the plant will affect residents significantly.

Zhejiang DRC officials acknowledge that the project may produce pollution if managed improperly, but also assert that the Administrative Licensing Law does not apply, because it was implemented after the examination and approval work began on the project in 2003. Because the project was deferred to the State Council for approval, the officials also argue, an administrative permit was not necessary. The officials also indicate that the Zhejiang EPB did not contest the suggestions included in the Environmental Impact Assessment report.

Based on the information in the reports, the construction of the garbage plant also may be in violation of Article 22 of the recently revised Solid Waste Pollution Prevention Law 2004, which prohibits construction of solid waste disposal facilities in areas that are fundamental for agriculture or protected as sources of drinking water. While the Solid Waste Pollution Prevention Law outlines many specific violations of the law and fines, the provision that empowers individuals to bring a case to court, article 84, indicates the individual must already be a victim of pollution. That may be the reason why the farmers have attempted to halt the project by calling the project's administrative license into question, based on article 7 of the Administrative License Law stipulating individuals are entitled to apply for administrative reconsideration or to file an administrative lawsuit.

The Zhejiang case also illustrates problems within the environmental impact assessment system. Residents were not notified and a hearing was not held for the proposed project, in violation of article 21 of the Environmental Impact Assessment (EIA) Law that became effective in 2003. State Environmental Protection Administration officials have recently announced revisions to the Environmental Impact Assessment Management Law and plans to place greater accountability on the local EPBs as a means of addressing weaknesses in the EIA system, according to a China daily report.