scholarly journals Perspectives of the legislation on the Red Book of Ukraine development

2020 ◽  
Vol 87-88 ◽  
pp. 115-118
Author(s):  
Olexiy Vasyliuk
Keyword(s):  
Endangered Species ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Environmental Conditions ◽  
Animal Species ◽  
The Other ◽  
Environmental Impact Assessments ◽  
Individual Protection ◽  
The Law

The principal legislative document regulating the protection of the plants and animal species in Ukraine is the Law of Ukraine “On the Red Book of Ukraine”. However, Ukrainian legislation related to the Red Book of Ukraine (RBU) is not agile. It does not react to the modern challenges and does not operate by new opportunities provided, for example, through the Law “On Environmental Impact Assessment”. Environmental impact assessments (EIA) are required for many management activities, including woodcutting, mining, and melioration, and should protect the environment. On the other side, unfortunately, the section “Impact on flora and fauna” in EIA reports often prepared superficially and formally. This section usually does not contain real research results and does not offer real measures for the protection of endangered species. Since today, there are no known cases when the EIA report was issued considering the real conservation needs of the species listed in the RBU.This letter proposes introducing several amendments to the legislation on the RBU, which are required for its integration into the EIA. First, it is proposed to introduce individual protection requirements for each species included in the RBU, which will allow the implementation of appropriate environmental conditions in the EIA conclusions. Secondly, it is proposed to introduce the responsibility for conserving species for users and owners of sites where coenopopulations, individuals (for plants), or permanent habitats (for animals) of the RBU species are located. Third, it is proposed to introduce a mechanism for documenting the location of the RBU species. These changes would make it possible to identify specific legal entities and individuals for whom species protection obligations and the penalties for disturbance will be imposed.

A FEW COMMENTS ON THE ENVIRONMENTAL IMPACT ASSESSMENT IN GEOLOGY AND MINING

2020 ◽  
Vol 2 (XX) ◽  
pp. 239-248
Author(s):  
Grzegorz Dobrowolski
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Environmental Conditions ◽  
Environmental Impact Assessments ◽  
Mining Law

This article is devoted to discussing specific solutions in the field of environmental impact assessments of projects regulated by the Act of June 9, 2011 on Geological and Mining Law. Particular attention has been paid to recent changes in this area. They mainly concern the extension of the scope of exemptions from the obligation to obtain a decision on environmental conditions.

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.

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.

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.

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.

Public Participation in Environmental Impact Assessments Between Spain and Portugal

2015 ◽  
Vol 17 (02) ◽  
pp. 1550022 ◽  
Author(s):  
Fernando Vicente ◽  
Teresa Fidélis ◽  
Gonzalo Méndez
Keyword(s):  
Environmental Impact ◽  
Public Participation ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Public Involvement ◽  
Considerable Increase ◽  
Significant Development ◽  
The Public ◽  
Environmental Impact Assessments ◽  
The Impact

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.

Examining Environmental Impact Assessments and Participation: The Case of Mining Development in Dullstroom, Mpumalanga, South Africa

2017 ◽  
Vol 19 (01) ◽  
pp. 1750002 ◽  
Author(s):  
Llewellyn Leonard
Keyword(s):  
South Africa ◽  
Sustainable Development ◽  
Environmental Impact ◽  
Impact Assessment ◽  
South African ◽  
Environmental Impact Assessment ◽  
Considerable Effort ◽  
Environmental Impact Assessments ◽  
Key Stakeholders ◽  
Participatory Processes

South African democracy witnessed considerable effort to redefine Environmental Impact Assessment regulations to improve participation of citizens towards sustainable development activities. Unfortunately, the effectiveness of participatory processes has generally been mixed and in many cases fallen below expectations, with lack of empirical evidence especially in South Africa to understand the underlying elements that may contribute to poor public participation in Environmental Impact Assessments. This paper attempts to investigate the participatory inefficiencies of Environmental Impact Assessments for mining development specifically in Dullstroom, Mpumalanga and presents viewpoints from key stakeholders. Results indicate that Environmental Impact Assessments especially for mining development are conducted as tokenistic tools to approve developments rather than to genuinely engage with the concerns of interested and affected groups. There is a need for environmental practitioners to be impartial during assessments, including the independence of government as regulator and enforcer of environmental assessment processes rather than spearheading mining development for economic development. The paper makes recommendations to improve participation of citizens during Environmental Impact Assessment processes.

A Commentary on Environmental Impact Assessment for Large Projects Affecting Lakes and Streams

1984 ◽  
Vol 41 (7) ◽  
pp. 1121-1127 ◽  
Author(s):  
P. A. Larkin
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Environmental Science ◽  
Assessment Process ◽  
The Public ◽  
Environmental Impact Assessments ◽  
Use Of Resources ◽  
Trade Offs

In this essay I look at environmental impact assessment as it concerns major projects influencing aquatic environments in Canada. Environmental impact assessment is a process aimed at guarding the public interest in the proper use of resources in the aggregate. Compromises are usually worked out on a local basis for each project. More widely conceived trade-offs are favored by all but practised by few. All projects go through various stages, all begin as vague schemes; some crystallize as firm proposals and then go through the assessment process to construction and a subsequent period of operation. Environmental impact assessment as a process should reflect this pattern of activity rather than being just the preparation of statements about projects that are imminent. I have given particular emphasis to the need for follow up on whether what occurred was what was predicted. Also I have stressed the importance of anticipating that some impacts will not be foreseen and, therefore, the necessity for making appropriate financial provision. Environmental impact assessment, as presently practised, does not make the contribution it might to environmental science. Impact assessment should not be seen as a substitute for research that would lead to new understandings of ecological systems and to new appreciations of what to look for in making environmental impact assessments.

Public participation: how can we make it work for the environmental impact assessment system in Thailand?

2018 ◽  
Vol 21 (2) ◽  
pp. 126-146 ◽  
Author(s):  
Wanida Phromlah
Keyword(s):  
Environmental Impact ◽  
Public Participation ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Development Project ◽  
Assessment System ◽  
Development Projects ◽  
Approval Process ◽  
The Law ◽  
Share Information

Currently, in Thailand, proposed development projects require an Environmental Impact Assessment (EIA) as part of the approval process. Effective public participation in the process of developing an EIA helps to ensure fairness and equity for the EIA system. It enables stakeholders to share information and exchange views concerning the complex issues and likely impacts of the proposed development project. Thailand has substantial legislation and regulations that aim to enable public participation for EIA processes. However, implementation of public participation provisions is failing at least to some degree. This article explores how the law concerning public participation might be improved to enable better implementation of the EIA system in Thailand. Some methods for employing effective public participation to support the implementation of EIAs are proposed.

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