(Legislation & Practical Experience)

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Nov 9, 2013 (3 years and 8 months ago)

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EU
-
CAR NEW PARTNERSHIP STRATEGY

COOPERATION PLATFORM FOR ENVIRONMENT AND WATER
RESOURCES PROTECTION

Regional training workshop,

Almaty
, Kazakhstan, 23
-
24 April
, 2013

“Environmental impact assessment and strategic environmental
assessment”

Environmental Impact Assessment & Strategic
Environmental Assessment in CAR

(
Legislation & Practical Experience)

Renat

Perelet
,
Academician, Russian Ecological Academy,
Member of Ecological Academy, Chief Researcher of Institute
for Systemic Analysis, Russian Academy of Sciences

renat@perelet.msk.ru




UNECE Convention on Environmental Impact
Assessment in a Transboundary Context
(
http
://
www
.
unece
.
org
)
-

1991
, Espoo
(
Finland
):


-

serves to assist in ensuring of sustainable
development via encouraging international cooperation
in
assessment of possible impact

of planned activities
on environment
;


-

applied to activity realization of which may cause
damage to environment in the other countries
.


-

focused on prevention, mitigation of consequences
and monitoring of such environmental damage
;


-

instructs the Convention Parties to conduct
assessment of planned activity impact on environment
of neighbor countries if this activity may cause
transboundary impact
.



The Law on “Environmental assessment”

is a basic law
that regulates requirements to planned and on
-
going
economic activity, defines rights and obligations of public in
decision
-
making process in all CAR countries.


Relations in various sectors of environment are regulated
by such laws as “Nature protection” (in some countries
“Environment protection”), “Specially protected natural
territories”, “Plant life protection”, “Wild life protection and
use”, “Atmospheric air protection”, “Production and
consumption wastes”, “Underground resources”, Water,
Land and Forest Codes, Codes on administrative violations
and criminal responsibility, instructions etc.



Kazakhstan EIA national legislation and practice

The Laws on “Environment protection” and
“Environmental assessment”


EIA in KZ is
presented in two forms


state environmental
assessment and public environmental assessment.
Projects lacking positive conclusion of state
environmental assessment are non
-
subject to
approval and financing for implementation of those
projects is non
-
permitted.




The Law on “Environment protection” (Article 46)
provides definition of EIA goals:
“environmental
impact assessment is performed aiming to identify
environmental and other consequences of options of
managerial and economical decision
-
making,
development of recommendations on environment
enhancement, prevention of eradication,
degradation,
damaging and depletion of natural
ecological systems and natural resources”.



EIA conduction procedure is determined by the Law on
“Environmental assessment”.
EIA procedure is ensured
by

(
see
16)
Purchaser of planned economic activity and
for the existing sites


Owner of enterprise or central and
local executive bodies. EIA is a compulsory and integral
part of pre
-
project and project documentation covering
all stages of economic activity


from the very initial
intentions , through projecting, construction, operation
until liquidation of the site.


Based on EIA results
statement on environmental
consequences
of planned economic activity is prepared
that serves as a basis for preparation of decision on its
implementation.





A number of regulatory documents
has been developed
that are in effect in relation to environmental impact
assessment and state environmental assessment. In the
frame of “Assistance to Kazakhstan in implementation of
Aarhus Convention” Project (2002) Guideline for the state
structures on “Public participation in environment
-
focused
decision
-
making” has been developed


The activity of state environmental assessment units is
performed
in interaction
with expert units of other
agencies of the country


the Ministry of Health, the
Ministry of Science and Education, the Ministry of Energy
and Mineral Resources, Committees of the Ministry of
Agriculture on water, fish, forest resources and others.






The Kyrgyz Republic
(
KR
)


After ratification of Espoo Convention

(2001)

its
elements have been gradually introduced to the
national legislation. The Kyrgyz national nature
protection legislation includes basic provisions
regulating EIA requirements including provisions
regarding issues of international relations and civil
sector participation in decision
-
making.


The KR Law on “Environmental assessment”

is one
of the basic EIA
-
related nature protection laws.






The KR Ministry of Ecology and Emergency Situations
is an executive agency on implementation of Espoo
Convention requirements in KR. The National
Environmental Assessment (NEA) is performed by
Environment and Environmental Assessment Unit
under the Ministry’s Central Office and Territorial
Departments of Environment Protection. The Ministry’s
Order strictly demarks authorities on NEA conduction
between Central Office and Territorial Departments of
EP. NEA is performed by staff experts and expert
commissions consisting of non
-
staff experts as per the
existing registry of experts.


For the purpose of implementing of Espoo
Convention the basic procedural matters on
implementation of EIA Regulations in the national
aspect and basic focuses on Convention Regulations
have been approved. New amendment of the Law
on “Environment protection” has been developed
and adopted, which is the law of direct effect and
regulates the basic requirements on EIA, NEA,
public participation in decision
-
making and
execution of international commitments.
Regulations concerning environmental assessment
have been included to the basic laws regulating
environmental management.


The result of National Environmental Assessment is a
conclusion

that may be positive or negative, where a
positive conclusion is one of the necessary conditions and
permission for implementation of planned activity. EIA
Purchaser (Initiator) ought to ensure introduction of his
documentation to the public, NGOs, any interested
individuals and organizations in any form convenient for
people (gatherings, meetings, briefings, Round Tables, mass
media). The public’s proposals and comments concerning
documentation are compulsorily recorded, considered,
justified and appropriate ones are taken into account.
Materials of EIA and EIC discussion with the public are
enclosed to documentation submitted to the national
environmental assessment.





For the purpose of implementing of Espoo Convention
Regulations the Ministry has developed and
correspondingly approved the basic procedural matters on
implementation of EIA Regulations in the national aspect
and basic focuses on Convention Regulations. New
amendment of the Law on “Environment protection” has
been developed and adopted, which is the law of direct
effect and regulates the basic requirements on EIA, NEA,
public participation in decision
-
making and execution of
international commitments. Regulations concerning
environmental assessment have been included to the basic
laws regulating environmental management.


About SEA in Kyrgyzstan



To date, there have been only few examples of
practical application of SEA


one of the important
tools of nature protection policy. The basis is
procedure
-
based directive on EIA (Directive
2001/42/EU). Currently the negotiations on SEA
Protocol within Espoo Convention are carried out.
What are the opportunities for introducing best
international practice in this area in KR?


The industry sector of the country still remains prevalently
mining, includes environmentally dangerous resource and
energy
-
consuming productions. Ineffective and
environmentally unreasonable use of territory including in
agriculture is one of the most relevant peculiarities of the
country.


There is no clear understanding of enormous
environmental value of the natural territory of Kyrgyzstan.
Normally the territory is considered only as “depository” of
resources fit for service and economic expansion sphere.


Strategic environmental assessment
can become a tool
that will help to bring out development of strategic
documents to a new quality level.






Kyrgyzstan has not joined SEA Protocol
in the
frame of Espoo Convention. Nevertheless,
Kyrgyzstan is taking part in SEA promotion. For
instance, in development of “Model law on strategic
environmental assessment” (Saint
-
Petersburg,
16.05.2011, Regulation #36
-
7 adopted at the 36
th

Plenary Session of Inter
-
Parliament Assembly of CIS
Member
-
States) Article 11 indicates to adjust the
national legislation to the effective law. Some SEA
elements can be found in the national legislation of
Kazakhstan.


The country has gained a certain experience on
preparation of analytical documents in public policy
format and there are individual cases of EIA
application upon making important decisions.


Nevertheless, environmental assessment
mechanism in Kyrgyzstan is primarily based on
authorization system of national environmental
assessment (NEA), EIA additional procedure, public
environmental assessment (PEA). These procedures
have not been precisely determined.


The following high priority actions are proposed to develop SEA
system in the country:


To identify national priorities, country development strategy, goals
and objectives in the long
-
term, mid
-
term and short
-
term aspect;


To assess eco
-
system services as a consequence of inclusion of eco
-
systems services costs to prime cost of goods and services;


To ensure control over execution of legislation norms, increase of
administrative, criminal and civil legal responsibility for
implementation of decisions made;


To introduce real mechanisms of inter
-
agency and inter
-
sectoral

interaction;


To increase capacity of basic interest groups;


To optimize the system of professional development of specialists in
various areas of nature protection and management activity.




The Republic of Tajikistan (TJ)


The Law of Tajikistan on “Nature protection” provides
environmental assessment the details of which are
specified in the TJ Law on “Environmental assessment”.
Functions of National Environmental Assessment (NEA) is
performed by the so named Service consisting of State
Committee of Environment and Forest Management
Protection the authorities of which have been specified by
special Regulation approved by State Committee
Chairperson.



The other laws and regulatory acts relating to EIA include
the TJ Law on “Atmospheric air protection”, the TJ Law on
“Public associations”, Code of Administrative Violence,
Forest, Land and Water Codes.








EIA

results

are

compulsory

and

shall

precede

approval

of

projects

or

activity

that

may

harmfully

impact

the

environment
.

EIA

shall

be

performed

in

all

projects,

public

and

private,

that

may

harm

the

environment
.



For the
complex projects
that have potential
environmental risks EIA shall be carried out by
Expert Commission
. Committee’s EIA approval is
necessary prior to project start
-
up. Financing and
project activity are possible only if there is a
positive conclusion (approval) of NEA EIA report.
Decisions regarding NEA are made by Regional
Committees for Environment for projects that have
low risks; by NEA Service of State Committee for
large, more complex projects that have average and
high risks of damaging the environment.



EIA 2000 Instruction is a basic tool for identification of
assessment of influence of planned activity and sets
procedures for EIA. The instruction outlines EIA basic
aspects insufficiently highlighted in TJ effective legislative
acts. It does not fully provide an opportunity for solution of
inter
-
State environmental problems, work with donors,
public participation, addressing of options, assessment of
decisions made via comparison, overview, identification of
environmental impact, risk assessment and its mitigation,
monitoring and inspection. Improper attention is given to
regional assessments of environment status including
transboundary EIA, policy, plans and programs and social
and economical aspects of environmental impact.


The Republic of Turkmenistan (TK)


Turkmenistan
has approved special national standards on
environmental impact assessment of planned economic and
other operation, which by their structure are close to principles
and procedures of Espoo Convention.


The legal acts regulating environmental assessment are the
basis of the legislative base for regulation of environmental
impact assessment in Turkmenistan including:


-

The TK Law on “National environmental assessment” (1995,
Article 7);


-

The TK Law on “Nature protection” (Articles 13, 15, 16);


-

TK President Regulation #2864 dated November 13, 1996 on
“Procedure on conduction of national environmental
assessment”.



In accordance to requirements of Article 16 of the
TK Law on “Nature protection”, projecting, siting,
construction, reconstruction, expansion and
technical upgrading of enterprises, constructions
and other facilities as well as their start
-
up,
operation and liquidation shall be performed via
compulsory
execution of environmental security
requirements
.


Every project or intention shall be supported with a
corresponding document certifying that
applicant/developer has performed
EIA

of
economic and other operation.


For the purpose of development and practical
implementation of the legislative base TDS
-
579
-
2001 “Environmental impact assessment of planned
economic and other activity in Turkmenistan” was
approved
.


The approved National TDS
-
579
-
2001 standard by
its structure is close to Espoo Convention but it is a
bit compacted and limited in the activity scale,
mainly limiting at the domestic level. However,
principles of approach, procedures, stages are
approximately identical.


Development of review document including NEA conclusion can
by performed by the Ministry of Nature Protection (MNP)
bodies self
-
dependently or via involvement of independent
experts. Planned economic activity cannot be started without
positive conclusion of NEA. Upon granting of final conclusion of
NEA the TK MNP is guided in light of Regulation 8, Article 2 of
Espoo Convention by application of national laws, instructions,
administrative regulations
.


The conclusion granted by the MNP can contain a number of
conditions (recommendations) to comply with requirements on
environment protection via identification of concrete natural
component or species in need for protection under this activity.
Conclusion shall contain decision on adoption or rejection of
applicant’s proposals.


The Republic of Uzbekistan (UZ)


Works on preparation of a package of documents
for Uzbekistan’s accession of Espoo Convention
have been completed;


EIA of projected sites has been performed in
Uzbekistan since 1993. EIA procedure was
registered as regulatory guiding documents in 1996.
In 2000 the Law on “Environmental assessment”
was adopted and came into effect. In 2001 UZ
Cabinet Council approved “Regulation on national
environmental assessment” in Uzbekistan.


Regulation on national environmental assessment
identified the list of activities subject to national
environmental assessment. In the list the sites are
divided into four categories
by severity of
environmental impact:
Category 1 includes
activities with high risk of impact; Category 2


average risk; Category 3


low risk activities;
Category 4


activities having local impact.


As per “Regulation”, Head National Environmental Assessment
performs NEA of sites by activities referred to Category 1 and 2. NEA
of the Republic of
Karakalpakstan
, oblasts and Tashkent city perform
national environmental assessment of sites included into Category 3
and 4.


Uzbekistan has to a significant extent a properly
-
formed legal and
regulatory base on EIA procedure and correspondingly trained staff to
conduct environmental impact assessment in both domestic and
transboundary context.


Accession of Espoo Convention jointly with the other Central Asian
countries is a priority objective and in no doubt will be favorably
reflected on enhancement of the environmental situation in Central
Asia.


CONCLUSIONS
:
EIA and SEA are of a great consequence
in relation to large projects and programs focused on
ensuring of water security in CAR.


The major efforts made by national river authorities are
primarily focused on implementation of principles on
integrated water resources management (IWRM) to
reach MDG in all countries. This includes public
participation in decision
-
making, promotion of political
will for cooperation between sectors and countries,
initiation of dialogues among all stakeholders and
support of practical measures at the local levels.


The existing legislative base is insufficient to solve
interstate environment
-
related problems
that
include work with donors, public participation,
addressing of alternatives, assessment of decisions
via comparison, review, identification of
environmental impacts, risk assessment, its
mitigation and monitoring. Insufficient attention is
given to regional assessments of the environment
status including transboundary EIA, policy, plans
and programs that have transboundary
environmental impact.


CAR legislative base allows performing certain aspects of
EIA process. Along with that it should be noted that almost
all countries of the region
lack a concrete EIA mechanism
in the transboundary context
that covers all its aspects and
responds to the international requirements, in particular
Espoo Convention requirements. A procedure on planned
activity
-
related information delivery not only to the public
but also to the government agencies is not well
-
regulated
at the legal base. Also the issues concerning impact on
plant life and wildlife are insufficiently worked out, there
are no maximum permissible standard impacts on plant life
and wildlife. Procedure on post
-
project analysis
(monitoring) is not well
-
regulated.


Supplement
.
Extract from proposals on harmonization with
Espoo Convention by EU funded “Harmonization of
environmental standards of EU and Russian Federation”
Project


It is proposed to introduce four categories of environmental
significance of sites (activities):
A, B, C, D
. For categories
A

and
B

the project documentation is subject to compulsory EIA with
further NEA. Without positive conclusion by NEA financing of
the works on realization of such activities is prohibited;



For category
B

sites a reduced environmental assessment is
performed at the Declaration stage, afterwards one of the
decisions is made: permit conduction of environmental
assessment by reduced program; prohibit project and/or
perform full
-
scale environmental assessment.


Authorities on identification of categories
B, C, D
can be delegated
to the level of the constituent entity of the Russian Federation.








THANK YOU FOR
YOUR
ATTENTION!

Renat

Perelet

renat@perelet.msk.ru