A draft regulation on prevention and control of soil pollution was submitted to the 39th session of the Standing Committee of the 15th Beijing Municipal People's Congress for review on May 25. It is an example of regional legislature in helping build a robust legal system.

Cui Yang, director of the city's justice department, said the regulation comes after a slew of efforts at the national and municipal levels, such as the Soil Pollution Prevention and Control Law that came into effect on Jan 1, 2019 and the city's own action plan for the anti-pollution endeavor.

Following the principle of formulating targeted, practical and applicable regulations, this regional regulation intends to serve as a supplement to the national law, where specific problems behind soil pollution are addressed, supervision intensified, and  the green development concept and preventative approach underscored.  

This regional regulation moves further to specify the responsibilities of other related departments, including those in charge of planning and natural resources, agriculture and rural affairs, as well as landscaping.

According to the draft, soil pollution control will also fall under the responsibility of community grid management, a grassroots-level social governance system. It also requires consideration of soil environment quality in making or reviewing territorial space planning.

Beijing's regional regulation adds more specific measures and guidelines in regard to land management. For example, the national law deems it necessary to investigate the soil contamination status when a piece of land is to be cultivated or reclaimed as arable land. The regional regulation moves one step further to require such investigation shall be concluded before the cultivation. On the basis of the legal liabilities specified in the national law, Beijing also expands the administrative requirements and corresponding accountability in its regional regulation.

Noting that soil pollution control is challenging and costly, Zhang Libing, director of the Urban Construction and Environmental Protection Office of the Standing Committee of the Beijing Municipal People's Congress, said the draft regulation has set up more stringent requirements for soil polluters and comprehensive measures regarding prevention, protection, administration and restoration. He also said more efforts are needed in clarifying the liabilities for failing to perform duties of supervision.