Environmental legislation

2013 ◽  
Author(s):  
Julia Smedley ◽  
Finlay Dick ◽  
Steven Sadhra
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
Soil Pollution ◽  
Pollution Control ◽  
Genetically Modified Organisms ◽  
Industrial Processes ◽  
Environmental Legislation ◽  
Environment Agency ◽  
Water And Soil Pollution

Environmental Protection Act 1990 586The Environment Agency 588Control of Major Accident Hazards Regulations 1999 590Environmental impact assessment 592The Environmental Protection Act 1990 aimed to improve control of pollution arising from industrial processes by integrating pollution control (IPC). It represents the most recent in a series of laws that began with the Alkali Acts in the Nineteenth century. This legislation covers air, water, and soil pollution, and also covers the release of genetically modified organisms. The Act gave the Secretary of State power to prescribe substances subject to controls on their release into the environment. The Act was subsequently updated by the Environment Act 1995, which created the Environment Agency (England and Wales) (see ...

scholarly journals Misplacing Nema A Consideration of Some Problematic Aspects of South Africa's New EIA Regulations

2017 ◽  
Vol 13 (5) ◽  
pp. 79
Author(s):  
Jeremy Ridl ◽  
Ed Couzens
Keyword(s):  
Economic Growth ◽  
Environmental Management ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
South African ◽  
Environmental Impact Assessment ◽  
Environmental Legislation ◽  
Danger Signs ◽  
National Environmental

In mid-2006, new Regulations governing environmental impact assessment were published in terms of the National Environmental Management Act 107 of 1998.  It is argued in this article that the old Regulations under the Environment Conservation Act 73 of 1989, which were replaced, had proved inadequate not because of any inherent deficiency, but because they were never properly implemented and because they were instead subjected to much inaccurate criticism.  The article then canvasses the old Regulations and considers criticisms thereof, before canvassing the new Regulations and assessing differences between the old and the new.  Various specific concerns and potential shortcomings are raised and considered; and various interpretations are offered of problematic provisions.  A prognosis for the success and/or failure of the new Regulations is then put forward in the context of the South African government's present approach to economic growth, environmental protection and the enforcement of environmental legislation.  Finally, it is argued that there are danger signs that the new Regulations will be as misunderstood and misapplied as were the old Regulations and that the fundamental principles of the National Environmental Management Act are likely not to be adhered to in the implementation of the new Regulations.

Umweltschutzrecht in der Ukraine

2021 ◽  
Vol 67 (3) ◽  
pp. 335-352
Author(s):  
Oleksandr Bilash ◽  
Tetyana Karabin
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
20Th Century ◽  
Environmental Impact Assessment ◽  
Environmental Law ◽  
Environmental Legislation ◽  
Nature Protection ◽  
Basic Law

This article provides an overview of the formation and development of environmental law in Ukraine. The review covers the period from the early 90 s of the 20th century to the present days. The paper reveals the essence and the significance of the basic law "On Environmental Protection", as well as special laws aimed at regulating certain issues. The reasons and results of the environmental law new institute formation - the institute of environmental impact assessment - are highlighted separately. The authors concluded that the development of environmental law in Ukraine in the coming years would be carried out in two main directions. First, it is the systematization of a large number of legislative acts in the field of nature protection. Secondly, it is the approximation of Ukraine's environmental legislation to EU environmental law.

scholarly journals Legislative regulation of powers of local government bodies in the field of environmental protection

2021 ◽  
pp. 96-100
Author(s):  
M.M. Slivka ◽  
N.V. Lesko
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
Environmental Impact Assessment ◽  
Local Governments ◽  
Local Level ◽  
Primary Control ◽  
Wide Range ◽  
Legislative Regulation ◽  
The Law

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.

CALCULATION OF THE FORMATION OF MERCURY-CONTAINING WASTES AND DEVELOPMENT OF MEASURES FOR THE PROTECTION AND RATIONAL USE OF WATER RESOURCES

2020 ◽  
Vol 12 (4) ◽  
pp. 30-36 ◽  
Author(s):  
Alla Zvyaginceva ◽  
Svetlana Sazonova ◽  
V. Kul'neva
Keyword(s):  
Water Resources ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
Environmental Impact Assessment ◽  
Environmental Safety ◽  
Metallic Mercury ◽  
Water Basin ◽  
Rational Use ◽  
Sources Of Pollution

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.

scholarly journals Environmental impact assessment of proposed NH-6 of Chhattisgarh

2017 ◽  
Vol 2 (2) ◽  
pp. 67
Author(s):  
Vikram Singh Rajput ◽  
Santosh Kumar Sar ◽  
Shweta Singh ◽  
Vijita Diwan
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
Environmental Impacts ◽  
Environmental Impact Assessment ◽  
Environment Protection ◽  
Environment Friendly ◽  
Toll Road ◽  
National Highway ◽  
Road Project

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.

scholarly journals LEGAL NATURE OF THE ENVIRONMENTAL IMPACT ASSESSMENT

2019 ◽  
pp. Tetiana-OVERKOVSKA
Author(s):  
Tetiana OVERKOVSKA
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
Environmental Impact Assessment ◽  
Environmental Safety ◽  
Legal Regulation ◽  
Nature Protection ◽  
Legal Nature ◽  
Main Components ◽  
Management Functions

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.

scholarly journals ALTERNATIVES ANALYSIS IN ENVIRONMENTAL IMPACT ASSESSMENT: METHODS OF DECISION MAKING

2018 ◽  
pp. 83-93
Author(s):  
Ya. O. Adamenko
Keyword(s):  
Decision Making ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
Environmental Impact Assessment ◽  
Rating Scales ◽  
Scientific Basis ◽  
Comparative Assessment ◽  
Assessment Process ◽  
Analysis Of Alternatives

The paper discusses decision-making methods for the comparative assessment of alternatives in environmental impact assessment. The suggested framework for a systematic approach to the comparative assessment of alternatives in decision-making management involves multi-criteria utility theory; analytical hierarchy approach; multi-criteria alternatives ranking; and choice under uncertainty. The proposed decision-making methods mainly concern comparing alternatives and selecting the best one. Considerably often, criteria for evaluating alternatives are contradictory or use different methods and rating scales, which is the main problem for solving multi-criteria problems. The article also considers the steps for generation and analysis of alternatives and suggests the alternatives analysis procedure. The author’s experience proves that experts sometimes fail to provide a preferred alternative that would meet all conditions of multi-criteria analysis; therefore, it is necessary to return to the previous stage of the environmental impact assessment process, i.e. reducing negative impacts. All this brings out the need to develop a new scientific basis, to generate a new set of alternative environmental protection proposals, and to carry out the procedure for selecting the preferred alternative from the outset. After the preferred alternative, in compliance with all environmental protection needs, is selected, and the agreement on the best alternative is reached, experts can undertake a comprehensive environmental impact assessing.  The author suggests methods for the comparative assessment of the preferred alternative in environmental impact assessment, each having its merits and demerits and critically examines them in the article. The suggested procedure provides experts’ with decision-making methods of the comparative assessing alternatives in environmental impact assessment.

scholarly journals IMPLEMENTATION OF ENVIRONMENTAL IMPACT ASSESSMENT IN UKRAINE:

2018 ◽  
pp. 94-106
Author(s):  
V. V. Sharavara ◽  
O. A. Bondarenko ◽  
O. H. Tarasova ◽  
R. B. Gavrilyuk ◽  
D. V. Hulevets ◽  
...  
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
Environmental Impact Assessment ◽  
Organizational Support ◽  
Environmental Indicators ◽  
The Public ◽  
Division Of Powers ◽  
The Law ◽  
European Standards

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.

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