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 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.     

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.     

Public participation modes in China's environmental impact assessment process: An analytical framework based on participation extent and conflict level

Environmental impact assessment (EIA) serves as a gatekeeper to prevent environmental pollution, and public participation is a legal requirement in the EIA process that ensures people's awareness of activities that may jeopardize the environment. Recently, with the elevated awareness of environmental protection and increasing environmental sensitivity, EIA has evolved as a means for the public to show their attitudes towards environmental issues. More frequently, public protests against not-in-my-backyard (NIMBY) facilities have become a significant challenge in the government's decision-making process. Government officials and EIA practitioners continue to look for a more effective way of public participation and aim to establish a platform that can involve related stakeholders. However, current research on public participation is limited to individual case studies or lacks a systematic approach to analysing diversified modes of public participation, which may differentiate levels of acceptance by the government in the EIA process and consequently lead to different effects. Therefore, from the perspectives of the participation extent and conflict level, this paper aims to establish an integrated framework to categorize different public participation patterns in EIA practices and to analyse their characteristics, such as preferences and the action logic arising from different stakeholders, including the government and public. The paper concludes that collaborative public participation is a possible way to strengthen the effectiveness of public involvement within the Chinese context.     

Current legal regime for environmental impact assessment in areas beyond national jurisdiction and its future approaches

In 2004, the United Nations launched an Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. Since then, the topic of governing marine areas beyond national jurisdiction (ABNJ) has been widely discussed by politicians, policy makers and scholars. As one of management tools to protect marine biodiversity in ABNJ, environmental impact assessment (EIA) has been widely recognized and accepted by the international community, however, the biggest challenge is how to effectively implement the EIA regime in ABNJ. This paper explores the impacts of anthropogenic activities in ABNJ on marine ecosystems, reviews the existing legal regime for EIA in ABNJ and discusses possible measures to strengthen the implementation of EIA in ABNJ.     

EIA and green procurement: Opportunities for strengthening their coordination

EIA plays an important role in enhancing the environmental performance of the construction sector. In recent years, the construction sector has been developing green procurement practices. Green procurement is a process that involves the incorporation of environmental requirements during the procurement of services and products. However, discussion on green procurement is rarely seen during the EIA phase. This paper addresses possible opportunities for improving the coordination between EIA and green procurement within the construction sector. The linking of EIA and green procurement has been postulated in the paper as an aid to strengthen the coordination between project planning and implementation. The paper is based on a literature review and is an outcome of an on-going research project concerning EIA and green procurement. This study indicated that it would be appropriate to introduce green procurement during the pre-decision phase of an EIA. In the present study, the opportunities for integrating green procurement at the stage of EIA are associated with the integration of project planning and EIA. Future research should investigate the mechanism through which the link can be established.     

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.     

Environmental impact assessment in the association of southeast Asian Nations

The Association of Southeast Asian Nations has agreed that environmental protection and sustainable use of natural resources are essential for sound economic development. The Environmental Impact Assessment is viewed as an important management tool and an ASEAN Experts Group on the Environment has been working for several years on a model especially adapted to the region and also on case studies of the implementation of EIA. Progress so far has been frustratingly slow due to misunderstanding, a lack of ecological data, inadequate trained manpower and institutional shortcomings for compliance. The author advocates collaboration on an ASEAN model for performing EIA as a means of accelerating acceptance and implementation. The concept of Adaptive Environmental Assessment and Management is proposed as a prototype.     

Evaluation of the environmental impact assessment system in Iran

EIA in Iran was formally introduced in 1994, but to date little EIA-related research has been undertaken in the country. In this paper, the authors provide an evaluation of the Iranian EIA system, focusing on EIA legislation, administration and process. Data was collected on the basis of a literature review, document analysis and semi-structured interviews. This involved some translation from Persian into English. Evaluation of the findings indicate that Iran has adopted the democratic tools of EIA and SEA, which considering its political context is encouraging. However, currently the Iranian EIA system does suffer from weaknesses such as inadequate screening and scoping, lack of alternative consideration, public participation, EIA implementation and follow-up. The paper proposes some initial recommendations based on international experiences and sets out the direction for future research.     

Environmental management plan (EMP) for Melamchi water supply project, Nepal

More than 1.5 million people live in the Kathmandu valley. The valley is facing an extreme shortage of water supply. At the same time the demand is escalating rapidly. To address this issue of scarcity of water, the government of Nepal has proposed a project of inter-basin transfer of water from Melamchi River located 40 km north-east of the Kathmandu valley. The project will cover two districts and three municipalities and will potentially have significant impacts on the environment. In accordance with the Environmental Protection Regulation of Nepal (1997), the Melamchi Water Supply Project (MWSP) has undergone an EIA during the feasibility study stage of the proposed project. The recommendations contained in the EIA were integrated into the project design for implementation in 2006. This paper summarizes the background of MWSP, the environmental concerns described in the EIA and the status of Environmental Management Plan (EMP) developed to address environmental compliance and other issues involving participation and support of the local people. This paper also provides some lessons to learn on the modalities of addressing the demands and grievances of the local people concerning environmental management.     

Public participation in China's EIA process and the regulation of environmental disputes

This article reconsiders the role that public participation in the environmental impact assessment (EIA) process plays in China. Whilst some commentators have found that public participation has largely failed to make an impact in China, this article argues that it has been an important focal point during environmental disputes over siting decisions. The principles of transparency and public participation embodied in EIA legislation have been prominent frames used to legitimize public action against locally-unwanted-land-uses when decisions are taken unilaterally without sufficient public input or notification. In this sense, the EIA becomes a lightning rod for citizen claims-making in relation to siting disputes. At the same time, these principles help depoliticize contention by channeling it within state-approved discourses, enabling officials to buy time and defuse tension. Here, EIA serves as a shock absorber, helping contribute to social stability when disputes break out. By showing how public participation regulations are closely intertwined with contentious politics, this article highlights the paradoxical and contradictory nature of public participation in China.     

The political economy of EIA in Guangzhou

Using Guangzhou (Canton) as an example, this article examines major political economy problems regarding environmental impact assessment (EIA) in China: (1) difficulties for regulatory agencies to impose EIA procedures and requirements on projects that are sponsored or supported by other government agencies; (2) a lack of strong political constituencies that support environmental protection efforts; and (3) conflicts of interest created by regulatory agencies that attempt to finance their operations through providing services to the regulated for fees.     

Assessment across borders: Stumbling blocks and options in the practical implementation of the Espoo Convention

In the 1990s, the obligation to assess transboundary environmental impacts has become part of international law. The UN/ECE Convention on environmental impact assessment (EIA) in a transboundary context, which entered into force in 1997, is one of the key documents. In this study, we show that difficulties with the practical implementation of the Convention arise partly from an incomplete sharing of the concept of EIA, and partly from different material interests on the part of the Parties to the Convention. Attempts to improve the practical implementation should recognize both aspects. Several approaches are thus needed for improving the implementation. Some will help in developing a mutual understanding of impact assessments, whereas others may help in overcoming differences in material interests.     

Theory and practice of EIA implementation: A comparative study of three developing countries

This article offers a conceptual framework for analyzing institutional processes and performance outcome of EIA implementation for developing countries. Eight classes of participants in the EIA process are identified: (1) responsible agency; (2) action proponent; (3) preparer; (4) review agency; (5) rule-setting agency; (6) concerned agencies; (7) general public; and (8) licensing agency. Five types of performance outcome are suggested that may follow the introduction of EIA into a national planning system. These include EIA as (1) a fully internalized element of the planning process, (2) a support for a position of advocacy for the environment, (3) a process of adjustment among conflicting goals, (4) a process to remedy prior environmental damage, and (5) a perfunctory endorsement of public or private actions. Using these categories, the EIA system of the Philippines, Korea, and Brazil are analyzed. Three aspects of EIA implementation are compared: national development planning and environmental goals; institutional structure; and performance evaluation. Based on this analysis, the author concludes that while EIA in developing countries is being hampered in its early stages by institutional factors, there are some specific policies that, if adopted by national governments and international aid agencies, would enhance the integration of EIA into the planning and decision-making process and make EIA a more effective tool for environmental protection in the developing world.     

The needs of nomadic-pastoral land users with respect to EIA theory,methods and effectiveness: What are they and does EIA address them?

The aim of this article is to examine the needs of nomadic-pastoral land users with respect to EIA theory, methods and effectiveness based on literature review by applying Retief (2010)’s framework. The article intends to identify these needs and analyse whether EIA addresses them sufficiently and appropriately. Retief (2010)’s framework defines theory, methods (quality) and effectiveness as three main interrelated themes of environmental assessment. Our review was guided by these three themes and moreover, using nomadic pastoralism as a test case, we attempted to expand this broad framework into a four-step approach that can be used to systematically examine EIA literature. The approach first adopts the Retief (2010)’s framework and secondly, identifies issues of nomadic-pastoral land use which matter the most with respect to Retief (2010)’s themes. The next step selected 156 articles for literature review considering the issues identified previously and the fourth step examined the selected articles using a concept-centric review and a content analysis. Nomadic-pastoral land users need EIA theory to incorporate irrational logic and complex and unpredictable socio-ecological features of nomadic-pastoral land use. Decisions made based on the rational decision-making model in EIA cannot sufficiently incorporate the needs of nomadic-pastoral land use due to uncertainties associated with rational decision-making and different power, values and interests of stakeholders in pasture land resources. Furthermore, the needs of nomadic-pastoral land users with respect to EIA methods are related to impact pathways and dynamic character of land use. EIA methods systematically address impact pathways. However, the current EIA methods primarily focus on static land use, and do not address sufficiently and appropriately dynamic nature of land use. For nomadic-pastoral land users, maintaining land quality in nomadic pastoralism and participation in EIA are the most important issues with respect to effectiveness of EIA. However, empirical data are needed to examine whether these needs are addressed in EIA. Nevertheless, the current frameworks for evaluation of effectiveness of EIA are sufficient for assessment of EIA's capacity for addressing the needs of nomadic-pastoral land users. Further studies should aim at incorporating the nature of socio-ecological interaction and dynamics into EIA theories and developing suitable models on herding mobility and strategy for impact prediction in EIA.     

Simplified environmental impact assessment processes: Review and implementation proposals

There is a widespread tendency to streamline EIA, a confusing concept, which in practice usually means shortening processes to speed up project licensing, facilitating investment. It is reasonable for developers seek processes quick, simple and inexpensive, but it is also the obligation of governments to ensure that approved projects are environmentally suitable. Not all projects subject to EIA have the same impacts, so the existence of two processes, simplified and ordinary, seems reasonable. The aim of this paper is to analyse the implementation of simplified EIA processes, discussing its benefits and drawbacks. To do this, we have analysed 55 EIA processes from 25 jurisdictions, discussing its benefits and drawbacks and selecting effective and well-established formulas for simplified EIA. In most of the analysed cases, simplified EIA is achieved by reducing public participation, one of the pillars of EIA. It seems to be a chain reaction: ordinary EIA processes have been “streamlined” by removing formal scoping, giving rise in practice to simplified processes. As a result, simplified processes have been ultra-simplified, eliminating public participation, turning them, at best, into screening stages. Simplification must ensure a proper EIA, and not merely a shortening of deadlines.     

Is EIA part of the wind power planning problem?

This research evaluates the importance and effectiveness of Environmental Impact Assessment (EIA) within wind farm planning debates, drawing on insights from case studies in Scotland. Despite general public support for renewable energy on the grounds that it is needed to tackle climate change and implement sustainable development, many proposed wind farms encounter significant resistance. The importance of planning issues and (EIA) processes has arguably been overlooked within recent wind farm social acceptability discourse. Through semi-structured interviews with key stakeholders and textual analysis of EIA documents, the characteristics of EIA are assessed in terms of its perceived purpose and performance. The data show that whilst respondents perceive EIA to be important, they express concerns about bias and about the inability of EIA to address climate change and wind farm decommissioning issues adequately. Furthermore, the research identifies key issues which impede the effectiveness of EIA, and reveals differences between theoretical and practical framings of EIA. The paper questions the assumption that EIA is a universally applicable tool, and argues that its effectiveness should be analysed in the context of specific development sectors. The article concludes by reviewing whether the recently amended EIA Directive (2014/52/EU) could resolve identified problems within national EIA practice.     

Monitoring saltwater intrusion in Rupert Bay,Québec,Canada, after the partial diversion of a major tributary

As part of a large hydroelectric project in northern Québec (Canada), a portion of the flow of the Rupert River was diverted toward the existing La Grande hydroelectric complex. As a result of the partial diversion, the discharge of the Rupert River at its mouth is reduced by an average of 50% annually. This corresponds to an 18% decrease in the total freshwater inflow into the bay and, thus, to a shift of the upstream limit of the saltwater intrusion in Rupert Bay. Changes in saltwater intrusion had been predicted numerically as part of the project’s environmental impact assessment (EIA). In the project’s conditions of authorization, monitoring the hydraulic conditions and the extent of saltwater intrusion in the Rupert Bay was required by government authorities. The objective of this paper is to present the results of this environmental monitoring and, more specifically, to validate the modifications predicted in the EIA in terms of both saltwater intrusion limit and hydraulic conditions in the Rupert Bay. Results obtained during 2 years of monitoring are within the predicted trends and order of magnitude of changes anticipated in the EIA. The results, thus, confirm that the shift of the upstream limit of the saltwater front along the channels of the bay was conservatively predicted by numerical modeling.     

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.     

Improving the effectiveness of planning EIA (PEIA) in China: Integrating planning and assessment during the preparation of Shenzhen's Master Urban Plan

The enactment and implementation of the 2003 EIA Law in China institutionalised the role of plan environmental impact assessment (PEIA). While the philosophy, methodology and mechanisms of PEIA have gradually permeated through the various levels of government with a positive effect on the process and outcome of urban planning, only a few cities in China have so far carried out PEIA as a Strategic Environmental Assessment (SEA)-type procedure. One such case is the southern city of Shenzhen. During the past three decades, Shenzhen has grown from a small town to a large and booming city as China has successfully and rapidly developed its economy by adopting the “reform and open door” policy. In response to the challenges arising from the generally divergent processes of rapid urbanisation, economic transformation and environment protection, Shenzhen has incrementally adopted the SEA concept in developing the city's Master Urban Plan. As such, this paper reviews the effectiveness of PEIA in three ways:

• •as a tool and process for achieving more sustainable and strategic planning;
• •to determine the level of integration of SEA within the planning system; and,
• •its effectiveness vis-à-vis implementation.

The implementation of PEIA within Shenzhen's Master Urban Plan offers important insights into the emergence of innovative practices in undertaking PEIA as well as theoretical contributions to the field, especially in exploring the relationship between PEIA and SEA and highlighting the central role of local governing institutions in SEA development.