environmental shutdown

In fact, such cases have become relatively common in recent years. The protection of water sources and waters in various places, especially in recent years, has become more standardized, legalized and rationalized, which has led to some enterprises that were established in the past to be included in water source protection areas. According to relevant regulations, enterprises that cause water pollution or soil pollution should be dismantled and shut down. So, how should this type of demolition be carried out? How to compensate? What is the legal basis? These questions have been faced by many business owners.

From a legal perspective, this type of case should fall under the principle of reliance on protection. The principle of reliance protection refers to decisions and orders made by administrative agencies in accordance with the law. The administrative counterpart carries out its own production and life in accordance with the decision and order. However, due to the needs of public interests, the decision or order needs to be revoked. Therefore, the administrative counterpart must be fully compensated for the losses caused. This is one of the most important principles of our administrative law, a core meaning of the principle of trust protection.

The case mentioned in this article was through investment promotion in 2005. Of course, many similar procedures have been completed, and it complied with some regulations at the time. The relevant departments also agreed to its production and operation, which is equivalent to making a commitment. Later, due to the needs of environmental protection and water source protection, the company needed to be shut down and demolished, which was the core embodiment of the principle of trust and interest protection.

In terms of legal provisions, you can take a look at Article 31 of the "Regulations on Optimizing the Business Environment", which clearly stipulates. There are also clear provisions in the opinions on property rights protection issued by relevant departments. Commitments made by local departments at all levels must be fulfilled. If losses are caused to investors due to the needs of public interests, comprehensive compensation must be provided. The legal provisions are also very clear in this regard.

Questions about permissions and procedures. In fact, it can be divided into several parts. If it is state-owned land, there is no doubt that it should be based on Order No. 590, which is the relevant provisions of Article 8 of the "Regulations on the Expropriation and Compensation of Houses on State-owned Land". Because of environmental protection needs, the municipal and county-level competent authorities can make expropriation decisions and expropriate enterprises. Then, compensation will be made in accordance with the provisions of Articles 19 and 17, evaluation will be carried out according to the procedures, etc.

If it is collective land, it should also be evaluated according to relevant regulations, and then a compensation agreement should be signed to compensate first and then demolish. What this case involved was that the forced demolition was directly carried out after just conducting an assessment, which has no legal basis. What cannot be done is not expressly stipulated in the law, and what cannot be done is not expressly authorized by the law. The relevant departments demolished it without any legal authorization and without any clear provisions of the law, which is definitely not in compliance with the legal provisions.

From this case, we can see that when encountering similar problems such as being demolished due to the protection of water sources, if you have objections, you must seek judicial relief in a timely manner and find a breakthrough to solve the problem and protect your rights and interests through professional analysis by lawyers and evidence sorting. Lawyer Ying Ting also reminds all parties involved that when encountering such problems, they must consult us in time. After analysis, they should understand the laws and regulations, policy basis, and similar case handling ideas before making a decision, so as not to miss the best opportunity to protect their rights and interests and cause irreparable losses to themselves.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.