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.

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.

Environmental impact assessment in Antarctica under the Protocol on Environmental Protection

Polar Record ◽  
1993 ◽  
Vol 29 (169) ◽  
pp. 111-120 ◽  
Author(s):  
David Lyons
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
Environmental Impact Assessment ◽  
Environmental Indicators ◽  
Sufficient Information ◽  
Red Tape ◽  
Antarctic Treaty ◽  
Principles And Standards ◽  
Assessment Procedures

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.

scholarly journals Beyond Public Particpation: The disjuncture between South Africa's Environmental Impact Assessment (EIA) Law and Sustainable Development

2017 ◽  
Vol 11 (3) ◽  
pp. 105
Author(s):  
T Murombo
Keyword(s):  
Sustainable Development ◽  
Environmental Impact ◽  
Public Participation ◽  
Impact Assessment ◽  
Environmental Impacts ◽  
Environmental Impact Assessment ◽  
Environmental Law ◽  
Development Planning ◽  
The Public ◽  
Legal Provisions

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.

International eia Law and Geoengineering: Do Emerging Technologies Require Special Rules?

Climate Law ◽  
2015 ◽  
Vol 5 (2-4) ◽  
pp. 111-141 ◽  
Author(s):  
Neil Craik
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Emerging Technologies ◽  
Global Commons ◽  
The Public ◽  
Social Risks ◽  
Special Rules ◽  
Current Risk ◽  
Institutional Mechanism

This article explores the adequacy of the international rules on environmental impact assessment to contribute to geoengineering governance, with a focus on three fundamental challenges. First, the near-universal trigger for eia is the likelihood of significant environmental impact, which may prove to be insufficiently precautionary in light of current risk preferences surrounding geoengineering. Second, the scope of eia has traditionally focused narrowly on the assessment of direct physical impacts; however, many of the concerns that geoengineering research raises relate to environmental and social risks associated with downstream technological implications. A third and related challenge is the consultation requirements under eia laws, which focus on affected states and affected members of the public. Because many geoengineering activities are anticipated to impact the global commons, there is no clear institutional mechanism for implementing notification and consultation. Additionally, the broader sets of concerns that geoengineering raises are spatially unbounded, again making the identification of consultation partners uncertain. The article concludes with a discussion of the implications of the challenges and limitations of the rules of eia for geoengineering.

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.

Introduction to the Environmental Impact Assessment System and Public Participation in the Russian Federation

2003 ◽  
Vol 05 (03) ◽  
pp. 321-338 ◽  
Author(s):  
Nicole Kovalev ◽  
Johann Koeppel
Keyword(s):  
Environmental Impact ◽  
Public Participation ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Russian Federation ◽  
The State ◽  
Assessment System ◽  
The Public ◽  
Independent Expert ◽  
The Russian Federation

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.

scholarly journals Public Participation in the Process of EIA Intentions of Wind Power Plants in the Czech Republic

2018 ◽  
Vol 66 (1) ◽  
pp. 171-182
Author(s):  
Jiří Schneider ◽  
Petr Mudra ◽  
Alice Kozumplíková
Keyword(s):  
Czech Republic ◽  
Environmental Impact ◽  
Public Participation ◽  
Impact Assessment ◽  
Wind Power ◽  
Environmental Impact Assessment ◽  
Power Plants ◽  
The Czech Republic ◽  
The Public ◽  
Wind Power Plants

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.

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.

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