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关于明确准保护区到底是不是保护区的回复
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来信: 我是一名基层环保工作人员,前年开始自然资源部门在矿业权及建设用地项目审批前都要征求环保部门意见,即项目是否位于各级各类保护区或敏感区内并提出处置意见。因部分项目位于我市水源保护区准保护区内,在申请延续时我只能给出“位于水源保护区准保护区内”的答复意见,自然资源部门依据此意见不同意矿业权延续或建设用地审批。但去年省环保厅组织水源地环境保护专项行动培训时,中国环境科学院专家多次强调“准保护区不是保护区”,水源地环保专项行动也未将准保护区纳入整治范围。《水污染防治法》第六十三条 国家建立饮用水水源保护区制度。饮用水水源保护区分为一级保护区和二级保护区;必要时,可以在饮用水水源保护区外围划定一定的区域作为准保护区。“水源保护区外围”的提法很模糊,请问:准保护区到底是不是保护区?在答复准保护区内项目征求意见时,可否答复“项目不在水源保护区内”。此外采选矿项目是否属于准保护区内禁止新、扩建的对水体污染严重的建设项目?回复:按照《中华人民共和国水污染防治法》第六十三条规定:“国家建立饮用水水源保护区制度。饮用水水源保护区分为一级保护区和二级保护区;必要时,可以在饮用水水源保护区外围划定一定的区域作为准保护区”。因此,饮用水水源准保护区不属于饮用水水源保护区范畴。 按照《中华人民共和国水污染防治法》第六十七条规定:“禁止在饮用水水源准保护区内新建、扩建对水体污染严重的建设项目;改建建设项目,不得增加排污量”。因此,位于准保护区内的建设项目应符合上述法律要求。 以上答复,供参考。来源:生态环境部部长信箱 2019-06-11
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