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《能源法》(征求意见稿)第四章对能源开发利用集中立法并规定生态环境补偿值得肯定,但其存在能源开发与能源加工转换并列立法、立法术语使用混乱、能源基地建设立法错位、能源资源所有权规定有失妥当等诸多问题。建议把第四章拆分整合为能源开发和能源利用两章,前者中写入可再生能源开发项目准入等制度,后者中规定能源就地转化与能源加工转换项目准入、环境留置权和能源存留制度,并对能源国家所有权、能源的合理开采、能源基地建设等一些制度所在章节进行调整。
Chapter 4 of the Energy Law (Draft for Comment) focuses on legislation for energy development and utilization and stipulates that the compensation for the ecological environment is worthy of recognition. However, there are parallel legislation on energy development and conversion of energy processing, confusion on the use of legislative terminology, dislocation of legislation on energy base construction, There are many issues such as inappropriate ownership of resources. It is suggested that the fourth chapter be split and integrated into two chapters, namely energy development and energy utilization. The former includes a system for admitting renewable energy development projects. The latter stipulates the procedures for the conversion of energy sources to energy conversion projects and environmental lien And the system of energy retention, and adjust the chapters where some systems such as ownership of energy countries, rational exploitation of energy sources and construction of energy bases are located.