The Ministry of Environmental Protection and Natural Resources of Ukraine, based on the recommendations of stakeholders, has more clearly defined the location of public hearings when issuing or amending an integrated environmental permit, their number and format.
Table of consideration of comments and observations of enterprises and public organizations to the draft resolution of the Cabinet of Ministers of Ukraine “On Approval of the Procedure for Organizing and Holding Public Hearings in the Process of Issuing an Integrated Environmental Permit (Amendments to it)” The Ministry of Environment published the draft resolution on its official website.
What changes made to the document
Mindovquil took into account or partially took into account the comments that came to it in the process of public discussion of the project from:
- European Business Association (EBA);
- NGO "Save Dnipro";
- NGO "Yuenimales".
Venue and responsible body
At the EBA's suggestion, paragraphs 3 and 7 of the draft resolution were amended. With their help, the Ministry of Ecology clarified the venue and bodies that organize public hearings. These will be regional, Kyiv and Sevastopol city state administrations, as well as the executive authority of the Autonomous Republic of Crimea on ecology and natural resources. Territorial communities and administrative-territorial units that may be affected by the plant's activities will be determined by the Ministry of Environment.
The ministry also revised paragraph 9 to take into account the proposal of the NGO “UAENIMALS” and ensure that the venue is accessible to all potential participants of the public hearings. This clause stipulates that the body conducting the public hearing should determine the venue taking into account the number of people who have registered to participate in the public hearing.
Number of public hearings
The Ministry's experts also listened to the EBA experts about the number of public hearings to be held. They set out paragraph 5 of the resolution in the new version, as well as added a new paragraph 21. These provisions set the following rules:
- If more than one area can be experienced by the Autonomous Republic of Crimea as a result at the location of the installation and in each area, The Autonomous Republic of Crimea, which may be affected by the installation;
- Repeated public hearings can be held no more one once;
- The failure of the operator of the installation operator for re -public hearings is the basis for refusing to issue an integrated environment permit due to violation of the procedure of obtaining it.
The format of conducting
The Ministry of Environment also took into account the EBA's proposal on the format of public hearings. They are held in the premises designated by the body conducting the public hearing or in a mixed format: online and in the premises designated by the body conducting the public hearing. During the period of martial law, they may be held in a video conference format.
Two more comments from the EBA, which were taken into account by the Ministry, relate to organizational issues when holding public hearings via video conference.
Recognition
The Ministry partially took into account the comments of NGO "Save Dnipro". Public activists suggested in the event of non -appearance of the public and/or operator of the installation for public hearings to consider them as such, that has not taken place. The experts of Mindovka have outlined paragraphs 19 and 20 in the new version. They provide the following:
- In the event of non -appearance of public hearing representatives, they are considered to be such that has taken place ;
- In case of failure to appear the representative of the installation operator for public hearings, they are considered to be such that has not taken place ;
- If the public hearings have not appeared an authorized representative of the public hearing body, such hearings are considered to be such that have not taken place.
In each case, the act of not appearing is drawn up. In the second and third cases are conducted RepeatedPublic hearings.
The other day, EcoPolitic reported that the Cabinet of Ministers of Ukraine approved The procedure for holding a coordination meeting on the issuance of an integrated environment, which will enter into force simultaneously with the Law of Ukraine No. 3855-IX "On Integrated Prevention and Control of Industrial Pollution".
