Transcript A successful EIA depends on?

Law and Legislation
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A successful EIA depends on?
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Strong EIA legislation and legal system
to support it
A sound policy basis
A clear perception of the aims of the
process and its potential benefits
Political commitment/capacity for
implementation
Institutional capacity
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Adequate technical capacity, data and
information
Public involvement
Financial capacity
Availability/accessibility of professional
expertise
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Strong EIA legislation
and legal system:
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can provide clear guidance on the EIA for
the responsibilities of the various
participants
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needs to be framed specially to achieve
the goals that have been identified
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legislation must be flexible enough to
allow for changing societal expectation
and demands
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If the legislation is to be implemented
effectively it needs to be supported by a
strong and capable legal system.
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Clear perception of the aims
and benefits of the process:
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All stakeholders need to have a realistic
perception of the role of EIA in
development approvals.
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It needs to ensure continued support for
the process and its benefits are
recognised and acknowledged.
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Types and examples of EIA
legal provision
general
environmental law (e.g. NEPA)
comprehensive
resource management
and planning law (e.g. New Zealand)
enabling or framework EIA law (e.g.
European Directive)
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comprehensive
or prescriptive EIA law
(e.g. CAEE)
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Legal and institutional
cornerstones of an EIA system
 based
 clear
on legislation
statement of purpose and requirements
 mandatory
compliance and enforcement
 application
to proposals with potentially significant
impacts
 prescribed
 provision
 linkage
process of steps and activities
for public consultation
to decision- making
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Developing EIA procedures
requires:
 government
support
 establishing
the basic conditions
 understanding
the relationship to other decisionmaking processes
 consideration
of the effectiveness of different EIA
arrangements
 identification
of the ways in which they can be
implemented
 taking
account of key trends and directions for EIA
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Steps to developing an EIA system
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establish goals
review other EIA systems
identify obligations under Treaties
learn from the experience of others
incorporate features to move towards
sustainability
identify procedures and standards
develop trial guidelines
produce legislation
incorporate processes for monitoring and
review
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Political commitment:
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The process cannot succeed in its aims
without
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political commitment
public involvement
public support
adequate resources
Political liberisation is important to
provide
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increase of the degree of openness
free access to information
increase public participation
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Institutional capacity:
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EIA needs to be placed within a part of
government that empowers it to perform its
role in development and programme planning
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good communication
co-ordination
co-operation
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are facilitated and encouraged between the variety
of government departments responsible for
development and resource management
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Technical capacity, data
and information:
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Country needs to develop the local
technical capacity to carry out, research,
analyse, review and implement the
outcomes of an EIA
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this needs to collect, collate and make
accessible data, information and their
sources
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Public involvement in law:
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There is a need to involve the public in
identifying all the issues and information
that may be of importance to the future
success, or viability, of a project.
Many projects have failed because..
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they did not take into account local or
traditional factors or
they failed to gain public acceptance and
support.
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Thailand:
Public participation is different
from European Countries & USA
 Public hearing = It seems to be
one-way communication.
 Usually, public hearing process is
still questioned from public.
 Cannot be conflict resolution.
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Countries which have a
formal system as:
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EIA law
EIA regulation under an
environmental law
EIA guidelines
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Countries which posses
laws/regulations may extend to:
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Strategic Environmental Assessment (SEA)
Procedures for dealing with transboundary issues
Improved public and formal consultations
Linkages between EIA and achieving sustainable
development
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Thailand:
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THE first mandatory provision for EIA were issued
in 1981 under Sec. 46 of the Enhancement and
Conservation of Nation of National Environmental
Quality Act 1992. The Ministry of Science.
Technology and Environment with the approval of
National Environment Board ( NEB ), has the
power to specify by notification the type and size
of projects or activities requiring EIA.
Legal EIA has adopted since 1984.
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1st Environment Law - National
Environmental Quality Act (NEQA) 1985:
established National Environment Board
(NEB)
Stronger EIA processed by Environment
Law 1992 - National Environmental Quality
Act 1992
Established Thai Environmental agencies
regarding different environmental roles.
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National Environment Board (1991)
under Prime Minister’s Office
The constitution of the Kingdom of
Thailand (1997)
New 2007???
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Ministry of Science (MoS)
Ministry of Natural Resources and
Environment (MoNRE)
Ministry of Industry (MoI)
Ministry of Interior
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Thai Environmental Agencies:
Ministry
of Natural Resources and
Environment (MoNRE)
–Office of Natural Resources and Environmental
Policy and Planning (ONEPP)
–Pollution Control Department (PCD)
–Waste Water Management Authority
–Environmental Management Department
–Department of Environmental Quality Promotion
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(DEQP)
EIA definition (Thai law)
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EIA is an Environmental Management
tool, use to predict both positive and
negative impacts for the development
projects. The prediction should be done
for 4 components :
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1. physical, 2. ecological, 3. socio-economic
and 4. quality of life value.
In order to protect the natural resource and
other adverse impacts so that the mitigation
measure and monitoring program should be
included both in during construction and
operation.
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Preparing EIA
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The project proponent may be
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government agency,
state enterprise or
private sector
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undertaking a project/activity which falls under
notification for types and sizes of project that
required EIA.
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The project proponent must employ consultant
firms registered by ONEPP and permitting
agencies.
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Reviewing EIA
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EIA report has to be submitted to OEPP for
preliminary review before final decision on
the report will be made by the Expert Review
Committee.
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The Expert Review Committee may approve
or reject the report or may ask for report
revision or additional information.
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Registered EIA Consultant
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Application and issuance of licence,
qualifications of specialists who will be
eligible to prepare environmental impact
assessment report, control of the
licensee's performance, suspension or
revocation of the licence for the
application and issuance of licence shall be
in accordance with rules, procedures and
conditions stipulated by ministerial
regulation.
5, 3, 2 yrs lincense
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Qualification of EIA expert
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One full time expert who will take full
responsibility for the report and will have
following qualification. University
graduated or equivalent in one of the
following subject.
Environmental Science, Ecology, Sciences
Environmental Engineering or Sanitary
Engineering
Environmental Economics
Social science
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EIA expert must have:
experience in promoting and
conserving environmental quality
according to the standard laid out
by NEB.
 not have record in falsifying report
during the last 3 year, from the
date the license of participating
body was withdrawn.
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Have at least three full time technical
officers who have following
qualifications.
 Have university degree or equivalent
in Science, Engineering or Social
Science.
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ONEPP has authority to
examine the EIA in Thailand...
Environmental Impact Evaluation
Division (EIED) of ONEPP will be
responsible for examing the
environment impact assessment report
and related documents filed there with
and also the preliminary review.
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Expert
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NEB
Cabinet
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EIA is included in NEQA 1992
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The prescription of a fairlydetailed environmental impact
assessment(EIA) process which
incorporates public participation
and views of experts in decisionmaking.
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Problems in implementing
environmental legislation in
Thailand:
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EIA process is in need of further improvement,
particularly in relation to
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Strengthening NGOs’ capacities and effectiveness
Public participation & inexperience within public
More command-control policies for development
projects (working ineffectively)
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Problems (to be continued..)
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More detailed regulation needed
More effective enforcement and implementation of
existing laws
No good co-ordination between government offices
Just recently start monitoring and auditing
compliance
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Effective law,
legislation and
regulatory systems will
bring the country to
promote sustainable
development…
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