Chinese Soil Pollution Law

Soil Pollution Prevention and Control Law (2019)

The Soil Pollution Prevention and Control Law (Tu Rang Wu Ran Fangzhi Fa, 土壤污染防治法), effective 1 January 2019, is China’s first comprehensive legislation specifically addressing soil contamination. The Law establishes a regulatory framework for the prevention, investigation, assessment, remediation, and liability allocation of soil pollution, and addresses the gap left by the earlier focus on air and water pollution regulation.

The Law was adopted after several years of legislative drafting and public consultation, prompted by growing awareness of the extent of soil contamination in China. A 2014 joint survey by the Ministry of Environmental Protection and the Ministry of Land and Resources found that 16.1% of surveyed soil samples exceeded national pollution standards, with industrial sites (36.3%超标率) and agricultural land (19.4%) being the most heavily affected categories. The Law is structured around risk classification, remediation responsibility, and the polluter-pays principle.

Risk Classification

The Law adopts a risk-based approach to soil pollution management, classifying land according to its current use and pollution risk. Article 19 establishes the principle of risk classification and management: the state conducts soil pollution surveys and classifies land into categories based on the type of land use risks.

Agricultural land (nongyongdi) is classified into three priority categories — priority protection, safe utilisation, and strict control — based on the severity of contamination and the risk to agricultural production and food safety. Agricultural land in the priority protection category must be kept free of additional pollution. Land in the safe utilisation category may continue to be used for agriculture but with restrictions on crop types and monitoring requirements. Land in the strict control category is withdrawn from agricultural production and remediated or converted to non-agricultural use.

Construction land (jianshe yongdi) is classified according to whether pollution levels exceed the risk screening values for the planned land use. Land intended for residential, educational, or medical use is subject to the strictest standards. Land intended for industrial or commercial use is subject to less stringent standards. Contaminated construction land must be remediated before development permits are issued.

Remediation Responsibility

The Law establishes a clear hierarchy of remediation responsibility. Article 45 provides that soil pollution liability attaches primarily to the polluter (wuran zeren ren), defined as the entity or individual that caused the soil pollution through the discharge of pollutants. Where the polluter cannot be identified, is insolvent, or no longer exists, the land user (tudi shiyong quan ren) bears the secondary remediation obligation.

The Law introduces a strict liability standard for soil pollution: the polluter is liable for remediation regardless of whether the pollution was caused negligently or intentionally. The liability extends to pollution caused by historical activities where the polluter continues to exist and can be identified. The polluter’s liability is joint and several where multiple parties contributed to the contamination.

The Law also imposes liability on successor entities. Where a polluting enterprise has been acquired, restructured, or merged, the successor entity assumes the remediation liability. Where the polluter was an individual who has died, the heir’s liability is limited to the value of the inherited estate.

Polluter Pays

The polluter-pays principle (wuran zhe fuzhai) is the fundamental organising principle of the Law. The polluter must bear the costs of: (1) soil pollution investigation and risk assessment; (2) remediation of contaminated soil; (3) monitoring and long-term management of remediated sites; and (4) compensation for harm caused by soil pollution to human health, property, and the environment.

Article 71 requires polluters to establish a soil pollution remediation fund to ensure the availability of resources for remediation. The fund is established by the polluter before commencing operations and is maintained throughout the operational period and for a specified period after cessation of operations.

The Law also establishes a government remediation fund (wuran fangzhi jijin) financed through general taxation and fees on polluting activities, to be used for remediation where the polluter cannot be identified or is unable to pay.

Land Use Classification

The land use classification system established by the Law integrates soil quality with land use planning. The Ministry of Ecology and Environment, together with the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs, maintains a National Soil Pollution Information Platform (Guojia Turang Wuran Xinxi Pingtai) that records soil quality data, land classification, remediation status, and risk assessments.

Construction land may not be used for residential or public facility purposes unless a soil pollution investigation has been conducted and the land has been certified as meeting the applicable quality standards. Local governments are required to publish lists of contaminated land that requires remediation and to maintain publicly accessible registers of remediation activities.

Contaminated Sites Register

The Law requires the establishment of a contaminated sites register (wuran tudi minglu). Local environmental protection bureaus must maintain a register of contaminated sites within their jurisdiction, recording the location, extent, and type of contamination, the identity of the responsible party or parties, the remediation status, and the current land use.

The register is accessible to the public, though restrictions apply where the disclosure would risk business secrets or state secrets. Environmental NGOs and community groups have used the register to advocate for remediation and to monitor government enforcement.

Enforcement

Enforcement of the Soil Pollution Prevention and Control Law is the responsibility of the Ministry of Ecology and Environment (MEE) and its local branches. The Law grants environmental authorities extensive inspection powers, including the right to enter premises, collect samples, review documents, and require information from polluters.

Penalties for violation of the Law include: administrative fines (up to RMB 1 million for serious violations); orders to cease polluting activities and to remediate contaminated land within a prescribed period; suspension of operations; and revocation of business licences. The Law introduces daily fines for continuing violations — the environmental authority may impose a fine calculated on a per-day basis for each day that the violation continues after a notice to cease.

Criminal liability for soil pollution is addressed through Article 338 of the Criminal Code, which criminalises the illegal discharge of pollutants that cause serious environmental pollution. The Eleventh Amendment (2020) increased penalties for environmental crimes, including soil pollution, and extended criminal liability to legal persons.

Conclusion

China’s Soil Pollution Prevention and Control Law (2019) established a modern risk-based regulatory framework for soil contamination. The Law’s structure — risk classification, a clear polluter-pays hierarchy, the contaminated sites register, and graduated enforcement — aligns China’s soil pollution regulation with international best practice. The Law’s effectiveness depends on the capacity of local environmental authorities to conduct comprehensive surveys, to enforce remediation obligations, and to manage the transition of contaminated land to safe use.