PAEU named the weak and strong aspects of the new draft law on EIA

PAEU named the weak and strong aspects of the new draft law on EIA shutterstock
Katerina Belousova

Environmentalists drew attention to the need to enter the results of post-project monitoring into the Unified Register of EIA

The Professional Association of Environmentalists of Ukraine (PAEU) supported the changes proposed by the new draft law about environmental impact assessment (EIA) regarding the shortening of the procedure and its completion in digital format directly in the Unified Register of Environmental Protection.

However, the determination of the grounds for providing a conclusion from the EIA, which determined the inadmissibility of the planned activity, was critically assessed, reports ECOBUSINESS.

Also, ecologists criticized the grounds for refusing to issue a conclusion from the EIA, without a proposal from the authorized body regarding an acceptable alternative and determining the environmental conditions of the planned activity.

The material explained that the proposed provisions contradict the provisions of the Directive, which clearly regulates the EIA procedure, and does not provide for the possibility for the authorized body to refuse to issue a conclusion.

After all, the authorized body issues a conclusion from the EIA, which determines the admissibility or justifies the inadmissibility of the planned activity and determines the environmental conditions for its implementation.

"If from the assessment of the impact on the environment from the considered justified alternative options, it turns out to be an ecologically justified option, different from the one proposed by the business entity, with the written consent of the business entity, the agreed option for the implementation of the planned activity is indicated in the conclusion on the assessment of the impact on the environment" environmentalists.

In addition, authorized central and territorial bodies may form expert commissions for environmental impact assessment, whose members are appointed for a term of three years.

"It is the possibility of choosing an ecologically sound version of the planned activity by recognizing it as admissible, or by establishing the environmental conditions for its implementation (in case of inadmissibility), and not the refusal to issue a conclusion, provided for by the Directive and implemented by the Law," ecologists noted.

The material also drew attention to the need to enter the results of post-project monitoring into the Unified Register of EIA. After all, informing about the results of post-project monitoring ensures the implementation in Ukraine of the Convention on access to information, public participation in the decision-making process and access to justice on issues related to the environment (Orgas Convention).

Currently, information is provided with the frequency indicated in the conclusions of the EIA by sending reports to the local self-government bodies where the activity is carried out.

"At the same time, in the presence of the Unified Register of Environmental Impact Assessment, it would be logical to provide the economic entity with the opportunity to post reports on post-project monitoring in the register," the material says.

Such tools make it possible to ensure:

  1. Centralized accumulation, processing, systematization and storage of information and documents related to planned activities created in the process of environmental impact assessment.
  2. Identification of any discrepancies and deviations in the predicted levels of impact and effectiveness of measures to prevent and reduce environmental pollution, based on the results of post-project monitoring.
  3. Access of all interested parties (permitting, regulatory bodies, public) through the website of the Register to information and documents regarding the planned activity, which are created in the process of environmental impact assessment and during its implementation.

As EcoPolitic before, The Ministry of Environment published a new draft law about environmental impact assessment to receive comments and suggestions for consultations with the public.

Related
From EPR to illegal landfills: Ukraine to overhaul waste legislation
From EPR to illegal landfills: Ukraine to overhaul waste legislation

Most of the changes are proposed to the Law "On Waste Management" to remove practical obstacles to implementing its provisions

Low water continues: river water abstraction restricted for more than 90 enterprises in Ukraine
Low water continues: river water abstraction restricted for more than 90 enterprises in Ukraine

The limits will be restored if hydrological conditions return to normal after 15 November

EU criticises corruption risks in Ukraine’s environmental sector and the merger of ministries
EU criticises corruption risks in Ukraine’s environmental sector and the merger of ministries

Construction projects that harm nature conservation areas which are not yet properly protected are also mentioned separately

Government simplifies waste management rules: key changes
Government simplifies waste management rules: key changes

Some procedures will be simplified for businesses, and environmental measures will be aligned with the new legislation