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.

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.

ASSESSING ENVIRONMENTAL IMPACTS DURING NATURAL DISASTER: THE DEVELOPMENT OF A RAPID ENVIRONMENTAL ASSESSMENT METHODOLOGY

2002 ◽  
Vol 04 (04) ◽  
pp. 475-492 ◽  
Author(s):  
CHARLES KELLY
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Environmental Conditions ◽  
Environmental Damage ◽  
Assessment Procedure ◽  
Disaster Victims ◽  
Wide Range ◽  
Negative Impacts ◽  
The Impact

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.

Due Diligence in the Use of International Watercourses

2020 ◽  
pp. 129-146
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Case Law ◽  
Due Diligence ◽  
Exchange Information ◽  
The Law

This chapter analyses the concept of due diligence in the law of international watercourses. Both conventions and the case-law give some indications on the constitutive elements of the standard of due diligence in this area. The chapter reveals that due diligence provides a legal tool to balance the principle of equitable and reasonable utilisation and the principle of no harm. It also highlights that due diligence is the basis of procedural obligations in this field, such as the duty to exchange information or the duty to conduct an environmental impact assessment. The chapter however argues that the unspecified content of these norms and the lack of uniformity in their application render it impossible to draw consistent and holistic conclusions on due diligence in the field of watercourses law.

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.

CHANGES IN LIVESTOCK PROJECTS ON THE BASIS OF ENVIRONMENTAL IMPACT ASSESSMENT SCREENING

2009 ◽  
Vol 11 (02) ◽  
pp. 175-188 ◽  
Author(s):  
LONE BOTIN KØRNØV ◽  
PER CHRISTENSEN
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Cover Crops ◽  
Agricultural Sector ◽  
Pressure Change ◽  
Livestock Production ◽  
Project Proposal ◽  
Screening Process ◽  
Wide Range

Growing pressures to increase animal production challenge the agricultural sector to identify technologies and solutions that will make livestock production environmentally sound. One mechanism which may assist the sector in meeting this challenge is Environmental Impact Assessment (EIA). On the basis of an evaluation of EIA screenings of Danish livestock, this article presents and discusses how EIA responds to the environmental challenge of intensive livestock projects. The analysis and discussion focus on the changes introduced in livestock projects as a result of the EIA screening process. Screening is normally used for deciding whether or not a project proposal requires an EIA. The article shows how screening also functions as a tool for changing livestock projects, thus being a regulatory instrument in its own right. The analysis of livestock EIA screenings shows that changes are initiated through a wide range of measures mitigating the environmental impacts of particular livestock projects. Fodder optimisation, cover crops, reduced animal pressure, change of crop rotation, repositioning of risk areas and changed design of animal houses are frequently applied measures. As a conclusion, EIA is identified as an important supplement to other regulatory instruments aiming at balancing the benefits and environmental costs of livestock production. However, the article also concludes that the systematic inspection of livestock projects needs to be improved in order to secure that the changes introduced through screening are also robust in character.

scholarly journals Research on environmental impact assessment system and legalization in China

2021 ◽  
Vol 293 ◽  
pp. 01034
Author(s):  
Chen Mingtsung ◽  
Feng Zhi’an ◽  
Qian Wei ◽  
Zhang Yujing
Keyword(s):  
Economic Growth ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
Environmental Impact Assessment ◽  
Construction Projects ◽  
Assessment System ◽  
Adverse Impact ◽  
Professional Assessment ◽  
Planning And Construction

In order to solve the conflict between economic growth and environmental protection, the environmental impact assessment system used by western countries has been gradually introduced into China. It is a scientific and professional assessment system, which is regarded as the best tool to solve the conflict between economic growth and environmental protection. The implementation of the environmental impact assessment system can undoubtedly prevent some construction projects from having serious adverse impact on the environment. Through the comparison and selection of the feasibility schemes, the environmental impact of some construction projects can be minimized. Therefore, the environmental impact assessment system is regarded as an important pillar and effective legal system for the implementation of predictive environmental policy, which has attracted more and more attention in the world. In order to implement the strategy of sustainable development, prevent the adverse impact on the environment caused by the implementation of planning and construction projects, and promote the coordinated development of economy, society and environment, China has formulated the environmental impact assessment law. The law came into force on September 1, 2003 and was amended for the second time on December 29, 2018.

scholarly journals HARMONIZATION OF ASEAN LAW IN SOLVING ENVIRONMENTAL ISSUES FOCUSING ON ENVIRONMENTAL IMPACT ASSESSMENT LAW IN THAILAND

2018 ◽  
Vol 3 (2) ◽  
pp. 117-133
Author(s):  
Amnat Wongbandit
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
Environmental Impact Assessment ◽  
Environmental Law ◽  
Economic Activities ◽  
Asean Countries ◽  
Negative Impacts ◽  
Asean Economic Community ◽  
Harmonization Of Law

As the ASEAN Economic Community was formed, in principle there should be a free flow of economic activities, capital, labor and other things across borders within this community for the benefit of all in the region but in reality, there are still some legal impediments to the achievement of this goal.  Harmonization of law of ASEAN countries would help to ease this problem.  The same is also applicable to the problems of environmental protection as different laws in different jurisdictions could lead to the situation that polluters would certainly try to stay away from a country with strict environmental law and move their business to where the law is not that strict, or law enforcement is quite weak.Environmental impact assessment has played a very important role in environmental protection because it can be used as a method to predict what would be an environmental consequence of carrying out particular project or activity and offer how negative impacts could be prevented or mitigated. This article therefore would like to present the environmental impact assessment law in Thailand which consists of several interesting issues that could be the subjects of debate as to whether it would be possible or practical to harmonize ASEAN laws on such issue

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