Environmental Impact Assessment in the Visegrad Group countries

The Environmental Impact Assessment Directive (EIA Directive) has created a reference framework for the implementation of the system of Environmental Impact Assessment (EIA) into the legal systems of the Member States of the European Union, including the countries belonging to the Visegrad Group (V4): Poland, Slovakia, the Czech Republic and Hungary. The Directive was the basis for the introduction of compulsory stages of the EIA process in the V4. The stages were then adapted to national requirements, including thresholds of the qualifying criteria of projects at the screening and scoping stages. The EIA system in the analysed countries has been growing, changing and being modified together with the political and economic changes of the last 30 years. Although all Visegrad Group countries are members of the EU and should harmonize the provisions of the EIA Directive and its amendments, there still exist singularities in each country's national EIA legislation, in terms of complementarities among the V4 countries, access to information resources, protection of natural resources, mitigation of socio-environmental impacts, or transboundary impact assessment. The article compares and evaluates the EIA systems in the four countries, specifies similarities and differences in the implementation of administrative proceedings and points out opportunities to strengthen the system. It presents selected results of a study conducted in 2013 within the framework of the international project “Assessment of the quality of the environment in the V4 Countries” (AQE V4). This paper indicates examples of good practice in the EIA systems and the obtained results are compared regarding the amendments to the current European Union EIA Directive.     

Evaluating the performance and procedural effectiveness of Namibia's Environmental Impact Assessment system

Environmental Impact Assessment (EIA) in Namibia was formally introduced in 2007. However, little EIA related research has been undertaken and the system has not been formally reviewed. This paper evaluates the performance and effectiveness of the EIA system in Namibia. The criteria used for the evaluation were obtained from several sources in the literature and based on legal, administrative, and procedural frameworks. Data were collected through literature review, document analysis, and semi-structured interviews. The study revealed that Namibia has a functional EIA system based on fairly good legislation, institutional arrangements and a well outlined EIA process. Analysis of the legislation and administrative frameworks nevertheless highlighted several weaknesses including a lack of coherence in the legislation and poor implementation. Further weaknesses included a lack of monitoring and enforcement capacity, weak communication and information sharing, inadequate financial and human resources, and inappropriate public consultation approaches. It was found that EIA is slowly being accepted in Namibia and it has a preventative effect on proposed developments. The study recommends an urgent need to complete the ongoing legislative reform to close existing gaps and to improve the performance of the EIA system.     

The environmental impact assessment in Chile: Overview,improvements, and comparisons

In this study, we carried out a comparative analysis of the Chilean Environmental Impact Assessment (EIA) system using evaluation criteria compared against three countries to allow for an objective evaluation within the growing demand of society for a more creditable and trustable EIA system.A total of 18 evaluation criteria were selected from the literature, and four new criteria for comparing EIA systems were proposed. The Chilean EIA system was compared to that of Brazil, Spain, and Canada using the following four evaluation criteria categories: EIA Legislation (four criteria), EIA Administration (four criteria), EIA Process (eleven criteria), and After EIA (three criteria). A Hierarchical Agglomerative Cluster Analysis for assessing similarity among the EIA systems of Chile, Canada, and Spain was performed: the similarity being 88%. A Principal Component Analysis shows that only 13 of the selected 22 criteria contribute to the variability of the selected EIA systems. The main strengths of the Chilean EIA system are the existence of Specialized Environmental Courts for the resolution of disputes and Appeal options before execution. The identified weaknesses are an EIA system with high centralization at the national level, the absence of consideration of project alternatives, no requirement for scoping, and that the process of Strategic Environmental Assessment is not binding.Modifications to the Environmental Impact Assessment System Regulation are proposed by authors as feasible improvements particularly in relation to, Decentralization of the EIA system, Alternatives for design, Scoping incorporation, Register of reviewers of baseline information, and the public information process and post-evaluation.The method used seeks out to serve as guidance for countries with similar environmental and social contexts, as well as environmental legislation improvement needs.     

Progressing quality control in environmental impact assessment beyond legislative compliance: An evaluation of the IEMA EIA Quality Mark certification scheme

The effectiveness of Environmental Impact Assessment (EIA) systems is contingent on a number of control mechanisms: procedural; judicial; evaluative; public and government agency; professional; and development aid agency. If we assume that procedural and judicial controls are guaranteed in developed EIA systems, then progressing effectiveness towards an acceptable level depends on improving the performance of other control mechanisms over time. These other control mechanisms are either absent, or are typically centrally controlled, requiring public finances; this we argue is an unpopular model in times of greater Government austerity. Here we evaluate a market-based mechanism for improving the performance of evaluative and professional control mechanisms, the UK Institute of Environmental Management and Assessments' EIA Quality Mark. We do this by defining dimensions of effectiveness for the purposes of our evaluation, and by identifying international examples of the approaches taken to delivering the other control measures to validate the approach taken in the EIA Quality Mark. We then evaluate the EIA Quality Mark, when used in combination with legal procedures and an active judiciary, against the effectiveness dimensions and use time-series analysis of registrant data to examine its ability to progress practice. We conclude that the EIA Quality Mark has merit as a model for a market-based mechanism, and may prove a more financially palatable approach for delivering effective EIA in mature systems in countries that lack centralised agency oversight. It may, therefore, be of particular interest to some Member States of the European Union for ensuring forthcoming certification requirements stemming from recent amendments to the EIA Directive.     

A critique of the performance of EIA within the offshore oil and gas sector

The oil and gas sector is a key driver of the offshore economy. Yet, it is also associated with a number of unwanted environmental impacts which potentially threaten the long term economic and environmental viability of marine ecosystems. Environmental Impact Assessment (EIA) can potentially make a significant contribution to the identification and management of adverse impacts through the promotion of evidence based decision making. However, the extent to which EIA has been embraced by key stakeholders is poorly understood. On this basis, this paper provides an initial evaluation of EIA performance within the oil and gas sector. The methodology adopted for the paper consisted of the structured review of 35 Environmental Statements (ESs) along with interviews with regulators, operators, consultants and advisory bodies. The findings reveal a mixed picture of EIA performance with a significant number of ESs falling short of satisfactory quality and a tendency for the process to be driven by compliance rather than best practice.     

Analysis of environmental impact assessment (EIA) system in Turkey

The Environmental Impact Assessment (EIA) System, which embodies the ??prevention principle?? of the environmental law, is an important tool for environmental protection. This tool has a private importance for Turkey since it is a developing country, and it entered the Turkish law in 1983 with the Environmental Law. Besides, the EIA Regulation, which shows the application principles, became effective in 1993. Because Turkey is a candidate for European Union (EU), the EIA Regulation has been changed due to the EU compliance procedure, and its latest version became valid in 2008. This study aims to emphasize The EIA system in Turkey to supervise the efficiency of this procedure and point the success level. In the introduction part, general EIA concept, its importance, and some notations are mentioned. Following that, the legislation, which builds the EIA system, has been analyzed starting from the 1982 Turkish Constitution. Then, the legislation rules are explained due to the basic steps of the EIA procedure. In order to shed light upon the application, the EIA final decisions given until today, the results, and their distributions to the industries are assessed. In the final part of the study, a SWOT analysis is made to mention the weaknesses, strengths, opportunities, and threats of the EIA system in Turkey.     

Experiences of voluntary early participation in Environmental Impact Assessments in Chilean mining

Citizen participation should ideally occur as early as possible in a project, especially throughout the course of the Environmental Impact Assessment (EIA) study. In Chile, participation occurs after the EIA study has been completed and presented to authorities for evaluation. However, voluntary early participation has become an extended practice in large mining projects for financial and conflict-reduction reasons. The purpose of this study was to explore a variety of these early participation processes happening in large mining projects from 2001 to 2010 and analyze how well these practices measured up to standards and objectives defined in the EIA and participation literature. Beyond the legal implications of such practice, we sought to understand the role of this voluntary procedure within the EIA process and citizen engagement in projects. We found a wide range of objectives, approaches and results, primarily driven to facilitate approval and implementation of the ten projects analyzed. The underlying objective of voluntary participation processes analyzed (whether it seeks to inform, to note or to engage), determined the information presented, participants included, area of influence considered, time devoted to the process and influence of the information collected on EIA and project mitigation measures. Few of the principles for best practice in the literature were present in the ten projects examined. Moreover, given the voluntary and unregulated nature of these processes, purposes and outcomes were often mixed-up with the Indigenous Consultation required under ILO provision 169, or Corporate Social Responsibility programs. This finally revealed that contrary to expectations, an unregulated and early voluntary participation is not having a clear impact in the definition of projects mitigation measures, participants are at risk of being unsatisfied with the resulting agreements and moreover, it does not assure projects implementation or the avoidance of socio-environmental conflict.     

Environmental impact assessment system in Thailand and its comparison with those in China and Japan

This paper aims to find ways to streamline the Environmental Impact Assessment (EIA) system in Thailand to increase its effectiveness by comparative analysis with China and Japan. This study is mainly focused on review, update and comparison of EIA systems between these three countries. It is intended to clarify fundamental information of the EIA systems and characteristics of the key elements of EIA processes (screening, consideration of alternatives, prediction or evaluation of impact, and public participation). Moreover, the number of the EIA projects that have been implemented in all the provinces in Thailand are presented. The results identified the similarities and differences of the EIA processes among the three aforementioned countries. The type of EIA report used in Thailand, unlike those in China and Japan, is an Environmental and Health Impact Assessment (EHIA), which is concerned with the health and environmental impacts that could occur from the project. In addition, EIA reports in Thailand are made available to the public online and the shortcomings of the process have details of barriers resulting from the projects to help future projects with reconsideration and improvements. In this study, it is pointed out that Thai's EIA system still lacks local EIA authority which needs to be empowered by implementing a set of laws or ordinance.     

Environmental impact assessment (EIA): an overlooked instrument for sustainable development in Pakistan

Environmental impact assessment (EIA) is a policy tool used for evaluating a project proposal from physical and socioeconomic environmental perspectives. Its aim is to reduce the impact of development on environment, hence, ensuring environmental sustainability. It is mandatory to submit an Environmental Impact Statement before starting a mega project as required by Environmental Protection Act of 1997 and Environmental Policy of Pakistan. Public consultation plays a key role in an EIA system, identifying the likely aspects and impacts of a development activity. This aspect has been ignored in effective enactment of environmental legislation in Pakistan. Sufficient legislative instruments are there to support EIA system in the country but the agencies responsible for the enforcement of environmental regulations have failed to do so. The current research gives an insight into the actual status of EIA system in Pakistan along with the feedback of EIA specialists and university teachers of the concerned departments. A new index has been devised on the basis of questionnaire response to work out the overall performance of EIA system in Pakistan or any other country. The weaknesses and deficiencies of each EIA stage have been worked out for Pakistan and elaborated with the help of the controversial Zero point Interchange Project in the capital city of Pakistan.     

EIA training courses organized by the centre for environmental management and planning,University of Aberdeen: An analysis of experience

In 1980, the World Health Organization (Regional Office for Europe) invited The Centre for Environmental Management and Planning (CEMP) to organize a two-week training course on Environmental Impact Assessment (EIA) to provide a comprehensive introduction to EIA with emphasis on methods and techniques for impact identification, prediction and assessment. Not suprisingly the topic of environmental health impact assessment was to be a major focus. Since 1980, the course has been held each year at the University of Aberdeen. An analysis of participation in the course during its first five years yields several impressions about the success of this training effort and the ways in which it might be improved.     

Analysis of the Environmental Impact Assessment (EIA) Directive and the EIA decision in Turkey

The Environmental Impact Assessment (EIA) Directive first entered into force in the United States in 1969, and began to be implemented in many other countries by 1990. The first Environmental Impact Assessment (EIA) Directive in Turkey was published on February 7, 1993, under the Environmental Law No. 2872. The EIA Directive was revised seven times on June 23, 1997, June 6, 2002, December 16, 2003, July 17, 2008, October 3, 2013, and November 25, 2014. Several amendments were made during this process. The first EIA Directive dated 1993 was narrow in scope and its procedure was long, while the amendments in 2003, 2008, 2013, and 2014 widened the scope of the EIA, and shortened the EIA assessment procedures. In this study, the amendments to the Turkish EIA Directive were analysed, and their effect on the number of EIA decisions made was addressed. It was concluded that the uncertainties in EIA procedures were removed, procedures were shortened, and as a result, the number of EIA decisions increased thanks to the revisions made in line with harmonisation with European Union (EU) acquis.     

Stakeholder perceptions of Environmental Management Plans as an environmental protection tool for major developments in the UK

Insufficient implementation and the lack of legislative requirements for follow-up measures following the approval of projects are consistently highlighted as major shortcomings of Environmental Impact Assessment (EIA). Although adopted over 15 years ago by the World Bank, Environmental Management Plans (EMPs) were only semi-formalised in the UK in 2008 and arguably provide a continuous link or ‘bridge’ between the EIA process pre-consent and an Environmental Management System (EMS) post-consent. Drawing on twenty-one semi-structured interviews with stakeholders and thematic analysis of their responses, and a broad-scale practitioner survey, this study aimed to assess the effectiveness of EMPs as an environmental protection tool across the project lifecycle for major developments. The findings revealed a mixed picture of EMP effectiveness in practice, with EMPs only partially fulfilling a bridging role between EIA and EMS. There is no ‘gold standard’ terminology for EMPs, all having slightly different uses, thus presenting different focuses to different stakeholders and further enhancing variation in practice. For many stakeholders, the effectiveness was simply not known, due to the lack of communication and follow-up that still exists. EMP–EMS linkages were shown to be effective from the developer's perspective when a single organisation has involvement across all project phases, though weaknesses occur when multiple parties are involved. Among other stakeholders, knowledge varied significantly; whilst some were in agreement that the linkages worked, many were unaware of the connections and thought of them as two quite separate tools. Stakeholders advocated for the need to make EMPs a legal requirement; for improved communication between stakeholders during EMP implementation and increased documentation of project outcomes; and for EMPs to be consistently written by environmental professionals. Furthermore, weak links in the current process may be improved by providing detailed guidance for organisations on the potential for EMP–EMS linkages, with the additional aim of encouraging stakeholders to broaden their current specialist knowledge on environmental protection tools.     

“Ripe for decision”: Tiering in environmental assessment

Tiering of information and decisions from more strategic plans to more specific projects (and sometimes the other way) can streamline plan-making and assessments, and improve decisions at each planning tier. In particular, it can lead to more consistent and comprehensive impact mitigation at the lower tiers. In practice, however, tiering of assessments is carried out only sporadically. This paper reviews the international literature and case studies on Strategic Environmental Assessment (SEA) and Environmental Impact Assessment (EIA) tiering, and presents the findings of interviews with 14 SEA/EIA experts. It concludes that a conscious and explicit transfer of information from the SEA level, and an explicit receipt of this information at the EIA level are necessary prerequisites for effective tiering. SEAs must be carried out with local actions in mind, in order for mitigation measures to support environmental protection on the ground. Lower-tier decision-makers must also be willing to be bound by decisions by the higher-tier SEA, focusing on implementation of these decisions.     

Beyond 25 years of EIA in India: Retrospection and way forward

Environmental Impact Assessment (EIA) experience in India dates back since the 70s when it was practiced only as an administrative decision. However, it was not made mandatory until 1994 with the introduction of the EIA Notification under the Environmental Protection Act of 1986. Hence, it's been just over 25 years since EIA was formally introduced in the country and in celebrating this landmark occasion, the paper provides a review of EIA performance in India since its inception. In doing so, it provides a systematic analysis against criteria set by one of the first EIA reviews conducted in the country way back in 1994. The four broad categories of this review include completeness, open and public character, objectivity and verifiability. In conducting the review, the paper consolidates publications on this subject area. This is further complemented with data collected via online survey and interviews with experts in the field. The findings reveal that since its inception days, EIA in India has made significant progress with regards to open and public character. However, this is still in need of further improvements. With regards to the other two criteria of completeness and objectivity, progress is rather limited. However, there has been hardly any improvements made with regards to verifiability of EIA. The new EIA notifications being drafted in the country do not seem to be engaging with the lessons learned over the years. Hence, based on the findings of the review, the paper provides some initial recommendations. In doing so the work further draws comparisons and inspirations from international experiences.     

Can we infer about ecosystem services from EIA and SEA practice? A framework for analysis and examples from Portugal

Biodiversity, soil, water, air, climate, landscape and other components are typically analyzed in Environmental Impact Assessment (EIA) when looking for the effects of a given project on the biological and ecological components of the environment. Strategic Environmental Assessment (SEA) tends to follow the same general pattern, when looking for the environmental effects of plans and programs. In both cases, ecosystem services are often not explicitly considered. We developed a framework to analyze environmental assessment (EA) practice and infer about ecosystem services based on existing evidence from EIA and SEA reports and supporting information. Our framework addresses the relations between ecosystem services and the environmental factors assessed in EIA and SEA, considering the relevant conceptual frameworks such as the ES cascade model and the DPSIR framework applied to ES provision. We base our proposals on results from a preliminary meta-analysis of recent EIA and SEA reports from several types of plans and projects in Portugal, in which implicit assessments of ES were clearly predominant. We discuss the implications of those results and the opportunities to infer about ecosystem services, and conclude on the need for more dedicated and explicit efforts to ecosystem services assessment in EIA and SEA.     

Does enhanced regulation improve EIA report quality? Lessons from South Africa

Recently, various EIA systems have been subjected to system review processes with a view to improve performance. Many of these reviews resulted in some form of legislative reform. The South African Environmental Impact Assessment (EIA) regulations were modified in 2006 with the express intent to improve EIA effectiveness. In order to evaluate to what extent the desired outcome was achieved, the quality of EIA reports produced under the 2006 regulations was investigated for comparative analysis with the preceding regime. A sample of EIA reports from the two legislative regimes was reviewed using an adapted version of a well established method known colloquially as the “Lee and Colley” review package. Despite some improvements in certain aspects, overall report quality has decreased slightly from the 1997 EIA regime. It therefore appears that the modifications to the regulations, often heralded as the solution to improvements in performance have not resulted in improved quality of EIA reports.     

Evaluating public participation in Chinese EIA. An integrated Public Participation Index and its application to the case of the New Beijing Airport

In recent years, China's government authorities have devoted increasing attention to the role of public participation processes in Environmental Impact Assessment (EIA). The capacity of these processes to influence decision-making remains widely debated. This paper aims at appraising the institutional rationale informing the implementation of public participation in China's EIA, benchmarking it against three conceptualisations: (1) Normative, based on objectives of empowerment and democratisation; (2) Substantive, where participation is pursued mainly to improve quality of decisions; (3) Instrumental, seeking participation as an instrument to legitimise decision-making processes. The appraisal is carried out by means of a new integrated index (Public Participation Index, PPI), which is applied to a case study representative of latest advancements in EIA public participation practices in China, namely the “New Beijing Airport Project”. Located 46 km south of downtown Beijing, the project was approved in 2014 and it is currently under construction. Results of the PPI application to this case study indicate that, despite progress made in recent years, the implementation of public participation in Chinese EIA still largely responds to an instrumental rationale, with limited capacity for the public to affect decisions.     

To what extent are threatened plant species considered in impact assessment decision-making? Insights from southeastern Brazil

The world's declining plant biodiversity depends on the efficacy of many policy tools, including Environmental Impact Assessment (EIA). While scholars have long been trying to understand how biodiversity information affects EIA decision-making, very few studies have addressed the specific challenges associated with threatened plant species. Based on content analysis of 83 EIA processes that proposed vegetation removals in the southeastern Brazilian state of Minas Gerais, this study evaluated the extent to which threatened plant species were considered in decision-making. The study found that the developers of 31 projects (37% of the 83 analyzed EIA projects) disclosed the occurrence of threatened plant species in the potentially affected areas. The detailed content analysis of their respective Environmental Impact Statement (EIS) review reports revealed that the majority of the identified impacts and respective compensation programs targeted tree habits, and under a variety of rationales. Developers' proposed compensation rates of impacted tree species varied from 1:1 to 50:1. The reviewing process reported issues related mostly to the baseline conditions. Overall, the study found that EIA, in Minas Gerais state, has been functioning mainly as a diagnostic and compensation tool for the removal of tree species. The study calls for improvements in existing legislation and the development of technical guidance and capacity-building programs for EIA stakeholders.     

Consideration of climate change impacts and adaptation in EIA practice — Perspectives of actors in Austria and Germany

Current political discussions and developments indicate the importance and urgency of incorporating climate change considerations into EIA processes. The recent revision of the EU Directive 2014/52/EU on Environmental Impact Assessment (EIA) requires changes in the EIA practice of the EU member states. This paper investigates the extent to which the Environmental Impact Assessment (EIA) can contribute to an early consideration of climate change consequences in planning processes. In particular the roles of different actors in order to incorporate climate change impacts and adaptation into project planning subject to EIA at the appropriate levels are a core topic. Semi-structured expert interviews were carried out with representatives of the main infrastructure companies and institutions responsible in these sectors in Austria, which have to carry out EIA regularly. In a second step expert interviews were conducted with EIA assessors and EIA authorities in Austria and Germany, in order to examine the extent to which climate-based changes are already considered in EIA processes. This paper aims to discuss the different perspectives in the current EIA practice with regard to integrating climate change impacts as well as barriers and solutions identified by the groups of actors involved, namely project developers, environmental competent authorities and consultants (EIA assessors/practitioners). The interviews show that different groups of actors consider the topic to different degrees. Downscaling of climate change scenarios is in this context both, a critical issue with regards to availability of data and costs. Furthermore, assistance for the interpretation of relevant impacts, to be deducted from climate change scenarios, on the specific environmental issues in the area is needed. The main barriers identified by the EIA experts therefore include a lack of data as well as general uncertainty as to how far climate change should be considered in the process without reliable data but in the presence of knowledge about possible consequences at an abstract level. A joint strategy on how to cope with uncertain prognoses about main impacts on environmental issues for areas without reliable data requires a discussion and cooperation between EIA consultants and environmental authorities.     

Testing an ex-ante framework for the evaluation of impact assessment laws: Lessons from Canada and Brazil

Scholars have been increasingly investigating legislative changes in Environmental Impact Assessment (EIA). However, most of the existing evaluation frameworks have been applied to ex-post scenarios, after EIA laws and respective policies and regulations had been implemented for some time. This article has a twofold objective: first, to propose an ex-ante framework for the evaluation of proposed EIA laws and, second, to test the application of the framework to bills C-69 and PL-3729, which target federal-level EIA reform in Canada and Brazil, respectively. The proposed framework is meant to indicate the extent to which proposed legislative changes meet 50 good practice criteria, thus providing a more balanced and transparent account of the issues that should be addressed effectively in the legislative process and in future regulations and guidelines. Results indicate very contrasting scope and potential effects of proposed legislative changes in the two countries. Brazil's bill is essentially intended to integrate existing regulations into a law that would make EIA faster, simpler and less frequent. Canada's bill, recently approved by Parliament, includes a new Impact Assessment Act that is expected to deliver more comprehensive and credible assessments. The ex-ante framework, by exposing how close or distant proposed EIA regimes are from good practices, can be particularly helpful in lawmaking and regulatory design. The article finally discusses limitations and highlights future avenues of research.