SHENZHEN’S legislature has recently approved regulations on environmental public interest litigation (EPIL), which are the first local regulations on EPIL in China and will come into force Oct. 1 this year, Shenzhen Special Zone Daily reported yesterday.

The move aims to organize the effective practices and experiences in previous explorations and put forward solutions to the problems encountered in practice, so as to provide a “Shenzhen model” for national EPIL legislation.

The subject of public interest litigation is clearly stipulated in the regulations. Procurators will be given the authority to directly file lawsuits on major EPIL cases involving multiple departments, fields and regions.

Relevant administrative departments and social public welfare organizations will also be authorized to file civil litigation related to their responsibilities or businesses, according to the regulations.

In order to encourage and support social organizations to file EPIL cases, the regulations have reduced their litigation costs, and made it clear that social organizations having difficulties in paying litigation costs can apply for a deferment of payment.

If a social organization loses or partially loses a lawsuit, it may apply for a reduction or an exemption of litigation costs in accordance with the law.

An environmental public interest fund will be set up, as per the regulations. The fund comes from the compensation for environmental damage and social donation, and is managed by a charitable trust. The fund can not only pay the cost of EPIL cases, but also be used for the restoration of environmental damage.

Referring to the environmental protection injunction system widely adopted in developed countries and regions, the regulations stipulate that in the civil EPIL process, if the behavior of environmental pollution and ecological damage is taking place, on the application of  prosecutors, courts can grant an environmental protection injunction and order the actor(s) to immediately cease and desist.

In order to fully guarantee the public’s right to know, participate in and supervise EPIL, the regulations make systematic arrangements around information disclosure and public participation, and require the acceptance and hearing process of environmental public welfare cases should be made public.

The regulations also make provisions on the disclosure of the settlement and mediation agreement of EPIL.

In addition to the regulations on EPIL, Shenzhen Court of International Arbitration Regulations will also take effect Oct. 1.(Zhang Yu)