Environmental impact assessment in Antarctica under the Protocol on Environmental Protection

Polar Record ◽  
1993 ◽  
Vol 29 (169) ◽  
pp. 111-120 ◽  
Author(s):  
David Lyons

ABSTRACTThe background to the development and implementation of environmental impact assessment procedures in Antarctica is reviewed and the principles and procedures of the Protocol on Environmental Protection to the Antarctic Treaty (the Madrid Protocol of 1991) are outlined. The difficulties in determining the appropriate level of assessment and the practical, operational aspects of carrying out the evaluations are examined. Particular attention is given to the meaning of terminology in the Protocol, the interpretation of environmental principles and standards, alternatives to the proposed activity, the requirements for sufficient information, the process of obtaining and taking into account public comment, the monitoring of environmental indicators, and the practical implications where an activity needs to be suspended, cancelled, or modified. The workloads generated by the procedures and the credibility of the processes are discussed in view of a possible perception that the exercises may amount to little more than ‘red tape’ to justify decisions that would be taken in any case. Recommendations are made that could improve the EIA process in Antarctica.

Author(s):  
V. V. Sharavara ◽  
O. A. Bondarenko ◽  
O. H. Tarasova ◽  
R. B. Gavrilyuk ◽  
D. V. Hulevets ◽  
...  

The National Ecological Center of Ukraine examined the effectiveness of the implementation of the Law of Ukraine “On Environmental Impact Assessment” (dated May 23, 2017 No. 2059-VII) and the by-laws adopted for its implementation. Based on the study, some shortcomings of the Law were named and discussed as wee as ways for their elimination were established. It was shown that a number of articles of the Law should be clarified, and the title of the Law needs compliance with its scope, terminology, and the lists of activities subject to impact assessment. There is also a need to clarify the division of powers and to adopt regulations on organizational support for conducting an environmental impact assessment and public discussion. There is an urgent need to further refine and harmonize the regulatory and methodological framework of the Law with European environmental legislation, in particular, environmental quality standards and relevant methodologies for their definition. Since no provisions have so far been adopted on expert commissions for environmental impact assessment, and the territorial environmental protection authorities are still subject to regional administrations, there is a real threat that the latter can exert pressure to get a customized conclusion. It was noted that there is no relevant procedure for selecting experts of professional and qualitative environmental impact assessment; there is also no mechanism for adding the public to the formation of the register and selection of experts, and financial issues are not fully resolved either. It was highlighted: the main directions for improving environmental impact assessment and organizing the Law revision. Several other urgencies were indicated: to accelerate the modernization of state building norms and other regulations; to withdraw territorial environmental protection departments from the subordination of regional state administrations; to provide a transparent procedure for the appointment of members to the expert commissions, to urgently review environmental indicators, classifications, norms, limits and other restrictive requirements and harmonize them to European standards.


Author(s):  
M.M. Slivka ◽  
N.V. Lesko

The article is devoted to the study of legislative regulation of the powers of local governments in the field of environmental protection and the development of proposals for their improvement. It is noted that local governments occupy an separate and independent place in the mechanism of public administration, which indicates their special administrative and legal status. It is emphasized that local self-government bodies should be endowed with a sufficient amount of powers that would allow them to protect the interests of the administrative-territorial community in the field of environmental protection as effectively as possible. It is stated that the Constitution as the Basic Law of the state, taking into account the global importance of the issue of environmental protection should clearly and without any ambiguity in interpretation contain an article according to which local governments will be empowered to exercise primary control over environmental protection. natural environment at the local level and bringing perpetrators to justice. It is proposed to supplement Article 15 of the Law of Ukraine «On Environmental Protection», which defines the powers of local councils in the field of environmental protection, paragraph «й» of the following content: "decide to bring to administrative responsibility those guilty of violating legislation in the field of environmental protection environment of individuals and / or legal entities ". It is highlighted that based on the analysis of Part 4 of Art. 42 of the Law of Ukraine «On Local Self-Government in Ukraine», village, town, city mayor have a wide range of powers, but among these powers there are no ones that would give them the right to monitor compliance with environmental legislation in the region and bring perpetrators to justice. It is emphasized that local governments are given broad powers in terms of controling the activities of economic entities and they should be included as a subject of a lawsuit in accordance with Art. 16 of the Law of Ukraine "On Environmental Impact Assessment" in case of violations in the field of environmental impact assessment.


Pomorstvo ◽  
2020 ◽  
Vol 34 (1) ◽  
pp. 65-73
Author(s):  
Lidija Runko Luttenberger ◽  
Jadranka Matić ◽  
Draga Mihelić ◽  
Nikola Mandić

Appropriately high level of marine environment protection implies taking the measures of prudence, precaution, reasonable and rational use of marine natural resources, and that is achieved also through the assessment of potential significant negative impacts at the early stage of planning of a particular project. Marine fish and shellfish farms, marine ports, minerals exploitation, shore nourishment, seabed deepening and drying, construction in and at the sea and other projects in marine environment are subject to implementation of environmental impact assessment and screening projects based on environmental reports. The description of main features of technological processes of planned projects and their impact on marine environment constitute an integral part of environmental reports, as technical baselines for assessing potential significant negative impacts. In order to prevent pollution, pursuant to law provisions, it is necessary to apply technologies that are most efficient for achieving high level of marine environment protection. In assessing at the planning stage whether most acceptable technologies are used, consultative expert committee consisting of scientists and professionals is engaged in environmental impact assessment procedures. Paper analyses the parts of environmental reports describing technological procedures and proposes the methods of upgrading their quality by involving experts and scientists in examining thereof.


2020 ◽  
Vol 12 (4) ◽  
pp. 30-36 ◽  
Author(s):  
Alla Zvyaginceva ◽  
Svetlana Sazonova ◽  
V. Kul'neva

The problem of processing industrial products and waste from various industries containing metallic mercury or its compounds, which is acute in connection with the increasing requirements for environmental protection and, in particular, water resources, is considered. The results of calculation of the formation of mercury-containing waste and the development of a set of measures for the rational use of water resources of the OPS LLC «EVO» are presented. The environmental impact of the environmental impact assessment of OPS LLC «EVO» was assessed. As a result of such an assessment, the main sources of pollution of the water basin were identified. An assessment of the environmental impact of the LLC «EVO» company and analysis of the technology for processing mercury-containing wastes were carried out. The developed comprehensive measures for the protection and rational use of water resources will contribute to improving the level of environmental safety.


2017 ◽  
Vol 2 (2) ◽  
pp. 67
Author(s):  
Vikram Singh Rajput ◽  
Santosh Kumar Sar ◽  
Shweta Singh ◽  
Vijita Diwan

NH 6 is the national highway which connects Mumbai to Kolkata. Environmental Impact Assessment (EIA) process for the proposed NH 6 Toll Road project has been undertaken in accordance with the EIA Regulations. Proposed project road connecting the villages and towns by providing better quality and safe roads to the users in a sustainable and environment friendly manner. Government of India (GoI) through Ministry of Environment and Forests (MoEF) enforces Environment (Protection) Rules, 1986 for environmental protection because of intervention of new projects or activities, or on expansion and modernization of existing projects or activity based on their environmental impacts.


Author(s):  
Tetiana OVERKOVSKA

The main components of the legal nature of environmental impact assessment are considered as management functions in the field of environmental protection, rational use of natural resources and ensuring environmental safety due to the fact that the reasons for the current unsatisfactory state in the industry of natural resource use, environmental protection are ambiguous. It was determined that the legal regulation of environmental impact assessment should be considered an important step towards the harmonization of Ukrainian legislation with EU legislation in the field of environmental impact assessment. The procedural and rocedural aspects of environmental impact assessment are determined and reviewed, which are determined by a number of legislative and subordinate legal acts. It has been established that environmental impact assessment should be carried out in compliance with certain principles based on the provisions of current legislation on nature protection. The principle of the effectiveness of environmental impact assessment is analyzed through the prism of prohibiting or terminating the activity of an enterprise in case of violation of the legislation on environmental impact assessment. Attention is drawn to the legal requirements of the principle of reliability of information in relation to environmental impact assessment. The compulsory provision of the principle of publicity in the process of impact on the environment, aimed at timely, adequate and effective informing of citizens, has been established. It is proved that the publicity and reliability of environmental information on environmental impact assessment act as two interrelated legal categories. It has been determined that the legal nature of the environmental impact assessment is based on the provisions of the current legislation of Ukraine and is aimed at observing law and order in the field of environmental protection.


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