scholarly journals The Public Participation Shifting of Environmental Impact Assessment During Covid-19 Outbreak

2021 ◽  
Vol 249 ◽  
pp. 01009
Author(s):  
Adib Hasan ◽  
Erri N. Megantara

Environmental Impact Assessment (EIA) is not only about development and protecting environment, but also about public participation during all the process. It is not an exaggeration that public participation is claimed as one of the key indicators of the effectiveness of EIA. Therefore, even in pandemic conditions while development still must go on at the same time, public participation can be avoided in the EIA process. In a wide range of international arrangements and national regulation, there are several guidance in accommodating public participation such as the Aarhus Convention 1998 and Indonesian national regulation. This article compares and analyses those legal procedures in mitigating unexpected conditions. The result shows that both of them are still feasible to be applied even in abnormal circumstances. Some barriers are identified especially related to implementing advanced technology. Therefore, how these aspirations are conveyed and accepted must be done in various alternative ways.

Author(s):  
T Murombo

One of the key strategies for achieving sustainable development is the use of the process of evaluating the potential environmental impacts of development activities. The procedure of environmental impact assessment (EIA) implements the principle of integration which lies at the core of the concept of sustainable development by providing a process through which potential social, economic and environmental impacts of activities are scrutinised and planned for. Sustainable development may not be achieved without sustained and legally mandated efforts to ensure that development planning is participatory. The processes of public participation play a crucial role in ensuring the integration of the socio-economic impacts of a project into the environmental decision-making processes. Public participation is not the only process, nor does the process always ensure the achievement of sustainable development. Nevertheless, decisions that engage the public have the propensity to lead to sustainable development. The public participation provisions in South Africa’s EIA regulations promulgated under the National Environmental Management Act 107 of 1998 show a disjuncture between the idea of public participation and the notion of sustainable development. The provisions do not create a framework for informed participation and leave a wide discretion to environmental assessment practitioners (EAPs) regarding the form which participation should assume. In order for environmental law, specifically EIA laws, to be effective as tools to promote sustainable development the laws must, among other things, provide for effective public participation. The judiciary must also aid in the process by giving content to the legal provisions on public participation in the EIA process.


2003 ◽  
Vol 05 (03) ◽  
pp. 321-338 ◽  
Author(s):  
Nicole Kovalev ◽  
Johann Koeppel

The Environmental Impact Assessment (EIA) system in the Russian Federation has an extensive set of rules, the main ones are the Assessment of the Environmental Impact (OVOS) of a project and the State Environmental Review (SER). The SER is designed as an investigation of both a project and of its OVOS by an independent expert commission, which is appointed by the federal and regional environmental bodies. The decision of the commission is binding. In addition, a Public Environmental Review (PER) can be conducted by NGOs and recognised by the state. A mandatory component of the EIA in Russia is public participation. The process of public participation is regulated by Russian legislation (for example the Land Code, the OVOS guidelines and autonomous regional laws) and can take various forms. All these opportunities are established on paper; in reality, they are not always taken into account. There are a number of case studies used to observe the extent to which the public has an impact on environmental decision-making. Selected cases include examples in which the public was passive, in which it undertook limited activities, and in which participation was strong and projects were improved or stopped.


Author(s):  
Jiří Schneider ◽  
Petr Mudra ◽  
Alice Kozumplíková

Public participation in decision‑making process is an important function of the process called Environmental Impact Assessment (EIA). The respect for the public right in the participation of environmental impact assessment and the right to information are generally controlled by non‑governmental organizations (NGOs) in cooperation with the Ministry of Environment. The support of public is provided in the cases in which queried entity tries not to give the requested information in the appropriate range. NGOs do not follow how the public is involved in the EIA process, and how the comments are relevant or incorporated and whether the final standpoint is influenced. This standpoint is not monitored by Czech Statistical Office. The article deals with the involvement of the general public in the EIA process of wind power plants in the Czech Republic. In selected regions (Moravskoslezský, Olomoucký, Ústecký and Jihomoravský), not only the quantity but also the relevance of the comments in relation to the outcome of the process are evaluated. The own typology groups of the public (individuals, petitions, self‑government etc.) and also applying comments (noise, nature protection, administrative mistakes etc.) were used for the evaluation. All intentions obtained concurring standpoints in the case of zero or low interest of the public.


2015 ◽  
Vol 17 (02) ◽  
pp. 1550022 ◽  
Author(s):  
Fernando Vicente ◽  
Teresa Fidélis ◽  
Gonzalo Méndez

Since 2000, the Transboundary Environmental Impact Assessment (TEIA) process in the Iberian context has undergone significant development due to new circumstances that came into play at the bilateral and European levels: (i) the adoption of a collaborative TEIA Protocol between Spain and Portugal in 2008; and (ii) the increasing number of cross-border projects supported by European Union funds. Despite these developments, the impact of this bilateral regulation on public participation, the cornerstone of any Environmental Impact Assessment (EIA), has not yet been fully examined. Drawing from specific literature focusing on the involvement of the public as the basis of effective improvement of the TEIA, this paper critically analyses if the lates transboundary provision has encouraged public participation in this context. Although the analysis of the TEIA enforcement revealed a considerable increase in the number of consultations between the neighbouring states compared to the previous situation, public involvement has not increased. Based on these findings, this paper presents a set of recommendations to more effectively involve the public in transboundary consultations.


2009 ◽  
Vol 6 (4) ◽  
pp. 437-460
Author(s):  
Simon Marsden

AbstractThis article examines the relationship between international and European law with respect to transboundary environmental impact assessment (TEIA), which under the UNECE Convention on Environmental Impact Assessment in a Transboundary Context (Espoo) applies requirements for EIA to the relationship between states known as 'Parties of origin' and 'affected Parties'. Information is shared and participation in the Party of origin procedure by the public in affected as well as origin states is required (non-discrimination); these provisions are enhanced under the related Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus), which also contains provisions enabling enforcement. The purpose is to analyse whether EU citizens have greater opportunities to enforce these rights than citizens of state Parties to the two treaties that are not members of the EU. Procedure and practice under the transposing directives on EIA and public participation is examined, and conclusions are drawn that although to a large extent EU membership is advantageous to EU citizens involved with TEIA, certain constraints concerning public participation and access to justice remain.


2002 ◽  
Vol 04 (04) ◽  
pp. 475-492 ◽  
Author(s):  
CHARLES KELLY

The linkages between disaster and environmental damage are recognized as important to predicting, preventing and mitigating the impact of disasters. Environmental Impact Assessment (EIA) procedures are well developed for non-ndisaster situations. However, they are conceptually and operationally inappropriate for use in disaster conditions, particularly in the first 120 days after the disaster has begun. The paper provides a conceptual overview of the requirements for an environmental impact assessment procedure appropriate for disaster conditions. These requirements are captured in guidelines for a Rapid Environmental Impact Assessment (REA) for use in disasters. The REA guides the collection and assessment of a wide range of factors which can indicate: (1) the negative impacts of a disaster on the environment, (2) the impacts of environmental conditions on the magnitude of a disaster and, (3) the positive or negative impacts of relief efforts on environmental conditions. The REA also provides a foundation for recovery program EIAs, thus improving the overall post disaster recovery process. The REA is designed primarily for relief cadres, but is also expected to be usable as an assessment tool with disaster victims. The paper discusses the field testing of the REA under actual disaster conditions.


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