怎样算未批先建?
  • 08/31 00:00
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建设项目未批先建违法行为包括哪些?建设项目开工建设具体怎么界定?

07/16 17:02

未经批准,开展设计内容工程主体部分的工作,即未批先建


02/23 12:57

根据《中华人民共和国环境影响评价法》(2018修正)第二十五条规定,“未批先建”是指建设项目的环境影响评价文件未依法经审批部门审查或者审查后未予批准的,建设单位擅自开工建设的行为。 原环境保护部印发《关于加强“未批先建”建设项目环境影响评价管理工作的通知》(环办环评〔2018〕18号)建设项目开工建设是指,建设项目的永久性工程正式破土开槽开始施工,在此以前的准备工作,如地质勘探、平整场地、拆除旧有建筑物、临时建筑、施工用临时道路、通水、通电等不属于开工建设。火电项目开工建设是指,主厂房基础垫层浇筑第一方混凝土。电网项目中变电工程和线路工程开工建设是指,主体工程基础开挖和线路基础开挖。水电项目筹建及准备期相关工程按照《关于进一步加强水电建设环境保护工作的通知》(环办〔2012〕4号)执行。


11/18 14:55

建设项目开工建设,但未取得相应批复手续


08/31 11:43

根据《关于加强“未批先建”建设项目环境影响评价管理工作的通知》(环办环评〔2018〕18号)文件: “未批先建”违法行为是指,建设单位未依法报批建设项目环境影响报告书(表),或者未按照环境影响评价法第二十四条的规定重新报批或者重新审核环境影响报告书(表),擅自开工建设的违法行为,以及建设项目环境影响报告书(表)未经批准或者未经原审批部门重新审核同意,建设单位擅自开工建设的违法行为。   除火电、水电和电网项目外,建设项目开工建设是指,建设项目的永久性工程正式破土开槽开始施工,在此以前的准备工作,如地质勘探、平整场地、拆除旧有建筑物、临时建筑、施工用临时道路、通水、通电等不属于开工建设。   火电项目开工建设是指,主厂房基础垫层浇筑第一方混凝土电网项目中变电工程和线路工程开工建设是指,主体工程基础开挖和线路基础开挖水电项目筹建及准备期相关工程按照《关于进一步加强水电建设环境保护工作的通知》(环办〔2012〕4号)执行【见注1】。 注1:要规范水电项目“三通一平”工程环境影响评价工作。水电项目筹建及准备期相关工程应作为一个整体项目纳入“三通一平”工程开展环境影响评价。水生生态保护的相关措施应列为水电项目筹建及准备期工作内容围堰工程(包括分期围堰)和河床内导流工程作为主体工程内容,不纳入“三通一平”工程范围。在水电建设项目环境影响评价中要有“三通一平”工程环境影响回顾性评价内容。


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