Environmental Impact Assessment Regulations Research Articles

Evaluation of Environmental Impact Assessment legislation in Pakistan

ABSTRACT Environmental Impact Assessment (EIA) was introduced in Pakistan in 1997 with the enactment of the Pakistan Environmental Protection Act followed by EIA regulations in 2000 both of which remained in use for over two decades. The legislation has recently been updated by two provinces which the study aimed to evaluate using the Next Generation Framework (NGF). NGF is based on good practice criteria which is used for the evaluation of legislation. Strengths of the legislation are that it has exclusive lists of projects requiring either a preliminary or a detailed EIA, clear timelines for review and decision-making, requirements for EIA follow-up, and penalties in case of non-compliance. However, the legislation has multiple shortcomings; for instance, there are no requirements to do scoping, consider alternatives, and make EIA reports public. The framework is helpful to evaluate the quality of legislation and explore reasons for weaknesses in EIA practice. The good practices in the framework may also be used to formulate guidance documents. The results hold importance not just for Pakistan, but the international policymakers may also learn from the strengths and weaknesses identified in this study and revise their respective legislation accordingly.

Environmental Impact Assessment Follow–Up in Central Uganda’s Processing and Manufacturing Industries: Implications for Achieving Sustainable Development

Environmental impact assessment (EIA) was introduced in Uganda by the National Environment Act 1995, now repealed by the National Environment Act 2019. EIA was made operational by the EIA Regulations, 1998, which is now replaced by the National Environment (Environmental and Social Assessment) Regulations 2020. It is generally agreed that the EIA follow-up is an essential part of the EIA process, without which EIA becomes a pro-forma exercise seeking plan or project approval. This paper assesses the legal and regulatory provisions for EIA follow-up and the actual practice in central Uganda’s processing and manufacturing industries for 24 years (1995-2019) of practice. Data was collected from key categories of EIA stakeholders, including the affected public, the interested public, the developers, and the regulator or its delegated entities. Data was collected between 2018 and 2019 using a review of related literature, documentary analysis, checklists, key informant interviews, and specifically designed questionnaires for the different categories of key EIA stakeholders. Data was analyzed using largely descriptive statistics and, to some extent, inferential statistics. Our finding was that there was a wide gap between law and the actual practice of EIA follow-up. Specifically, there was limited monitoring by the regulator, absent post-assessment environmental audit, low to moderate implementation of mitigation measures and poor communication between the developers and the affected public. This was mainly due to poor implementation of the pre-approval phases of the EIA process and other context factors. The paper made several recommendations to improve the design and implementation of the EIA follow-up program

Resource depletion and conservation: Balancing demands on resources for green recovery and sustainability

This study explores the impact of emissions on mineral resource output across 32 Chinese regions (2000–2021). The research aims to provide recommendations to boost mineral resource efficiency by utilizing Environmental Impact Assessment regulations, green financing initiatives, and industrial green technology indicators. However, challenges persist due to carbon emissions and Green Recovery Policies in Chinese municipalities. Green monetary policies influence mineral resource efficiency more than fiscal policies. The study recommends expanding each region's Emission Trading System (ETS) to optimize resource allocation and prioritize specific areas. It also delves into a potential digital green financial market using cryptocurrencies for eco-conscious investment, emphasizing renewable energy sources. This study underscores the importance of a balanced approach to resource conservation and green recovery, advocating for sustainable practices in China's mineral sector.

Integration of the Standalone ‘Risk Assessment’ Section in Project Level Environmental Impact Assessment Reports for Value Addition: An Indian Case Analysis

Both environmental impact assessment (EIA) and risk assessment (RA) instituted some 50 years ago are interdisciplinary and decision-support tools and have analogies in their procedural steps. Environmental risk assessment could be employed as such or as complementary to EIA for environmental management. This study aims to examine how RA is dealt with in the EIA reports of greenfield projects. The investigation reveals that RA is treated as a standalone exercise and too inadequately in EIA studies. There is a lack of well-defined criteria and methodologies for RA in different contexts, evaluation of prediction uncertainties, residual risks, assimilating RA in EIA, regulatory framework to strengthen RA integration in EIA, objective review of RA by the competent authority, and EIA follow-up. Unambiguous terms of reference are proposed for RA in EIA under the prevailing regulation for immediate implementation. The duration and cost of preparing and reviewing EIA reports integrated with RA would increase but there would be more value addition to the EIA studies. Comprehensive EIA regulation, RA-related scoping, and institutional capacity building could help promote such integration that is crucial for assessing industrial and other anthropogenic calamities at the project development stage.

Benefits and drawbacks of EIA decentralisation in Pakistan

Environmental impact assessment (EIA) was decentralised in Pakistan in 2010. The literature mentions compromised EIA effectiveness in the country, but no previous study tried to investigate how decentralisation of environmental governance has influenced EIA effectiveness. This study is the first of its kind which explores the opinions of key EIA stakeholders regarding the benefits and drawbacks of EIA decentralisation. Thirty-seven semi-structured interviews were conducted with officials from environmental protection agencies (EPAs), Ministry of Climate Change (MoCC) and former Ministry of Environment officials and EIA consultants. Interview data was categorised into themes related to pros and cons of decentralisation. The biggest benefit offered by decentralisation to the EPAs was to make their own customised EIA laws and regulations. However, to date, four EPAs have somewhat modified the 1997 Pakistan Environmental Protection Act and two have updated the 2000 Initial Environmental Examination/EIA regulations. Limited coordination between EPAs and MoCC, political influence and lack of accountability of EPAs were highlighted as the drawbacks of decentralisation. Some EPA officials, however, mentioned that the environmental condition of their areas has improved due to the autonomy of EPAs. Decentralisation is a good idea if provinces use their right to legislate effectively and some sort of accountability mechanisms for EPAs are introduced. The study holds significance because it fills an important knowledge gap. The experience of key EIA stakeholders from the entire country regarding a decentralised EIA system provides insight not just for Pakistan but to policymakers worldwide who may want to decentralise or recentralise EIA in their countries. Future studies may be conducted to evaluate the effectiveness of EIA legislation updated by some EPAs.

Legislative amendments and the environmental impact assessment process in Istanbul

ABSTRACT An environmental impact assessment (EIA) is a tool that has been used for more than 50 years to assess situations that may have future negative effects on the environment. This study has attempted to address the status of the EIA in Istanbul, a city founded 2500 years ago and, therefore, one of the oldest cities in the world. The study first defines the EIA and then discusses legislative amendments to the Turkish EIA Regulation, which are the most important source of problems in the application of EIAs in Turkey. Twenty amendments have been passed since the first EIA Regulation was entered into force, and these amendments have had significant effects on the application of EIAs. It has been determined that some of these amendments have expanded the scope of EIAs but others have narrowed the scope. In the last part of the study, the effects of these legislative amendments in the case of Istanbul are revealed. Graphics show that when an amendment in passed that narrows the scope of an EIA, the number of projects excluded from review by that EIA increases, and they are projects that could have a negative impact on the environment.

Environmental impact assesment regulation applications and their analysis in Turkey

Abstract Since the 1970s, the environmental impact assessment (EIA) has been employed as an environmental management tool to minimize or prevent the potential environmental impacts caused. Its use in Turkey was mandated from February 7, 1993. An EIA, which is of particular concern to the mining sector, is implemented in many sectors. In this study, after providing brief information about the EIA regulation, an analysis has been done by determining the status of mining activities in EIA applications. In conclusion, mining has comprised 31% share of EIA-required activities since 1993, when EIA regulation took effect in Turkey. In addition, it was learned that 16% of the applications related to mining activities were unable to get an EIA permit and could not launch their operation.

Aantekeninge: Environmental judgments in the last year – a barometer of the state of environmental democracy?

It is not uncommon for environmental judgments to be dominated by a particular theme at certain periods of time. Sometimes there are clear reasons. For example, after an understandable lag between the trigger for litigation and the litigation itself, between 2005 to 2008 many judgments related to the implementation of the Environmental Impact Assessment Regulations, 1998, as lengthy application processes were finalised. However, sometimes clusters of judgments occur which do not seem to be capable of being traced to a single trigger and suggest either more symptomatic dynamics at play or a coincidental congruence. This is the case for environmental judgments that were handed down between June 2021 and May 2022. The judgments cover a variety of issues ranging from law-making to bureaucratic decision-making and implementation responses. Nevertheless, one has a sense when reading them that many of the judgments are characterised by discontent with government’s approach to environmental management. Apart from the odd private dispute, one cannot help but gain the impression that a thread running through many of the judgments is a frustration at the purported failure of government to take the views and needs of ordinary people into account when they make decisions that impact on the environment – and a willingness to take such grievances to court. The theme of the judgments in the last year might well be described as “the year of pushing back”. When viewed as a cluster the judgments may be disconcerting in one respect and raise questions as to whether the environmental justice project is alive and well, or not. However, it is precisely these types of challenges that test the robustness of the transformative approach envisaged by the Constitution of the Republic of South Africa, 1996; provide an opportunity for jurisprudential development; and shed light on the extent to which the courts are willing to safeguard the realisation of the environmental right. In the overview of key environmental judgments which were handed down in the last year below, whether public or private, the disputes may accordingly also be reframed as having another common denominator – and that is that they all bear some importance for the realisation of the democratic environmental rule of law.

‘Literature review on the analysis of climate change risks in the environmental impact assessment of dams’

ABSTRACT Climate change is a current concern in our society, with consequences increasingly felt worldwide. Alongside territories and communities, large infrastructures such as dams may be vulnerable to climate change and need to be resilient to related impacts. Consequently, their approval should require a comprehensive assessment of associated climate change risks. This concern is addressed by several international guidelines that suggest incorporating the evaluation of climate change risks in the Environmental Impact Assessment (EIA) process to overcome it. It is also evidenced in several national EIA regulations updated accordingly. Based on a systematic review of scientific literature published in the last twenty years, this paper explores how has the scientific community addressed the integration of climate change risks in the EIA of dams. The findings show that the potential of EIA to address climate change risks is widely acknowledged. However, published systematic studies assessing how the analysis of these risks is being included in dams’ EIA current practice, are rare. This gap suggests a research potential around the topic and a new niche for research.

How can the effects of EIA procedures and legislation foreseen for the mining operation activities to mining change positively in Turkey?

Environmental criteria have an impact on the decisions made whether to realize mining operating activities or not alongside with criteria for production and investment such as reserve, cut off grade, sales price, cost. In this direction, according to the Environmental Impact Assessment (EIA), it is determined whether mining projects will be carried out or not. Necessary arrangements have been made in the EIA Regulations since the first time they came into force in Turkey. And environmentally sensitive EIA reports were prepared to carry out mining activities. Additionally, the participation of local community to the EIA process is ensured and mining enterprises also contribute economically to the mining region. Turkey has adopted legislation similar to EU legislation and carried out its applications in EIA and other environmental legislation in compliance with EU legislation for the European Union (EU) membership. Thus, in Turkey, being sensitive to the environment, EIA for mining is carried out under a tighter audit and more controlled way compared to EU countries locally and no mining projects that do not comply with the environment are approved and current activities are halted. However, bureaucracy has increased in EIA assessments, permitting processes have been prolonged, and mining investments have become difficult. This situation can be observed with the decline of Turkey in the worldwide rank regarding the mining investment attractiveness index (IAI) category and the other categories determining it, or with the fact that Turkey doesn't have a steady progress when compared to the EU member states. For the solution of the problems in Turkey, it was suggested that legislation which would enable projects with EIA Positive decisions to be carried out by being subjected to only one law and being obtained from one institution was made. Also, it is beneficial to take account of the suggestion which says each mineral group shall be subject to different processes in terms of EIA due to the fact that each may have a significantly different environmental effect. According to the survey conducted, majority of mining sector agrees with this view.

In the Name of Legitimacy and Efficiency: Evaluating China’s Legal Reform on EIA

Abstract The environmental impact assessment (EIA) system is currently located at the centre of China's environmental legal reform. The Chinese government has undertaken significant legal strategies to rectify past regulatory wrongs, close enforcement gaps, and improve public participation. However, ongoing administrative reform and prevailing policies optimizing the business environment have made the efficacy of EIA reform more complicated and uncertain. Through examining how EIA laws and regulations on accountability, compliance, and participation have changed, this article provides an analytical framework to evaluate current legal reform of EIA. It finds that the Chinese government is attempting to bring about genuinely functional EIA reform by improving the legitimacy and efficiency of EIA in delivering better environmental decisions. Yet, its efforts could be undermined by the unsettled conflict between legitimacy and efficiency. Furthermore, functional EIA reform could be constrained by peripheral challenges such as inconsistent institutional arrangements, the undefined role of the judiciary, and an underrepresented environmental public interest.

Habitat requirements of the Himalayan red panda (Ailurus fulgens) and threat analysis in Jigme Dorji National Park, Bhutan.

Understanding the influence of anthropogenic disturbances on species’ habitat use and distribution is critical to conservation managers in planning effective conservation strategies and mitigating the impact of development. Few studies have focused on the Himalayan red panda (Ailurus fulgens) in Bhutan. This study aimed to assess the habitat requirements and threats to this endangered species in the Khamaed subdistrict of the Jigme Dorji National Park, Bhutan. We employed a transect walk and plot‐sampling survey design across two seasons, that is, winter and spring. In total, we surveyed 84 × 50 m radius circular plots along 51 km of existing trails within a 25.4 km2 study area. At 500 m intervals, we established plots at random distances and direction from the trail. We recorded direct sightings (n = 2) and indirect signs (n = 14), such as droppings and footprints as evidence of red panda presence within an altitudinal range of 2,414–3,618 m. We also noted 21 tree and 12 understory species within plots with red panda evidence; the dominant tree species was the Himalayan hemlock (Tsuga dumosa) and the Asian barberry (Berberis asiatica) as an understory species. Red panda presence showed a significant positive association with distance to water sources and fir forests. Plant disturbance and infrastructure, such as power transmission lines, were identified as prominent anthropogenic threats in the study area. Based on our findings, we recommend the development and implementation of local forest management plans, livestock intensification programs, and strict application of environmental impact assessment regulations to promote the conservation of the red panda in the region.

A comparative evaluation of the environmental impact assessment legislation of South Africa and Zambia

This study evaluates the Environmental Impact Assessment (EIA) legislation of South Africa and Zambia against the modified criteria developed by Wood (1995) to determine the extent to which they follow “good practices” and incorporate emerging environmental issues into EIA. We modified the criteria of Wood due to new environmental issues that have emerged since their formulation. Some of these issues are in line with the Sustainable Development Goals (SDGs). National Environmental Acts and EIA Regulations for the two countries were reviewed to evaluate the current legislation. We also used telephone interviews to gather additional information that was not in the documents. As a fundamental component of the EIA system, the legislation needs to be clear, concise and inclusive of all the major environmental issues that affect the performance of the EIA system. Literature reveals that the performance of the Zambian EIA system is generally low compared with that of some African countries such as South Africa and Ghana; especially in terms of the quality of EIA reports and substantive environmental protection. Therefore, we hypothesised that the Zambian legislation does not follow the good practice hence the low EIA system performance. Results, however, showed that the two countries are almost on a par in terms of meeting the criteria used in this study. Hence there is more to be done to improve the quality of both countries' EIA legislation. Nevertheless, compared with the previous evaluations by Wood (1999) and Harrison (2005), the results show that there is considerable improvement in the quality of the South African EIA legislation following a series of amendments.

Identification of weaknesses in the implementation of environmental impact assessment regulations in industrial sector: A case study of some industries in Rwanda, Africa

The global environmental security and a cleaner productive ecosystem following the increasing industrialization and urbanization largely depend on the level of compliance with the relevant environmental impact stipulations. Consequently, this study highlights the weaknesses in the execution of environmental impact assessment (EIA) among the major industrial sectors of Rwanda. The study involves three industries with EIA Certificates issued by Rwanda Development Board and Rwanda Environmental Management Authority, the main consulting organizations. The institutional strength and weaknesses, awareness of industrial workers, and resources allocation in implementation of the EIA were studied by assessing compliance with the EIA through review of EIA report, site observation, interview, and administration of questionnaires. The study reveals unsatisfactory compliance with EIA among the industries. These weaknesses are due to lack of institutionalization of environmental units and environmental officers in the industries, poor status of industrial environmental policy, poor institutional coordination, and low capacity to implement EIA. Again, the capability of an annual environmental audit by the industries and how sufficient is the follow-ups by responsible authorities, as well as the low awareness of the existence of environmental management plan, and inadequate resources allocation are potential confronting challenges. It shows that EIA process is not fully functional in Rwanda and based on observations, it proposes possible recommendations like; the establishment of environmental units by the industries, as well as employment of environmental officers to oversee implementation of plans. The capacity building in the employees to implement EIA, conduct annual environmental audits, and initiate follow-ups, as well as regular monitoring in industries. Further, the government should strengthen institutional coordination in the implementing of EIA and ensure real resources allocation in the implementation.

Legal framework for environmental impact assessment in Vietnam: the challenges between the regulations and practice

After 30 years of economic reforms since the launch of Đổi Mới in 1986, Vietnam has recorded significant and historic achievements. From a poor, war-ravaged, centrally planned economy, which was closed off from much of the outside world, Vietnam has become a middle-income country with a dynamic market economy that is deeply integrated into the global economy. But growth has to a large extent come at the cost of the environment. Vietnam’s greenhouse gas emissions have grown the fastest in the region, while the environmental quality of its air, land, and water has deteriorated considerably. Water and air pollution have reached serious levels, especially near Hanoi and Ho Chi Minh City, posing major health risks. As the most important environmental management tool, Environmental Impact Assessment (EIA) is recognized by Vietnamese Government and international organizations in the management of the impacts of future development on the country’s natural resource base. EIA is the important Chapter of Law on environmental protection 2014 of Vietnam (which was passed by the 13 National Assembly at the 7th session on June 23, 2014). This article argue that while significant improvements have been achieved in the EIA legal framework, the challenges remains between the EIA regulations and practice. This article contend that the current EIA legal framework is poor and facing with challenges and that future developments of the EIA regulations in Vietnam should focus not only on legislative documents but also on improving capacity of EIA practitioners with strictly sanctions.

The quality of environmental impact reports for projects with the potential of affecting wetlands in South Africa

In South Africa certain development activities, which may have a substantial detrimental effect on the environment, require an environmental impact assessment (EIA), including projects with the potential of affecting wetlands. A key element of the EIA process is the submission of an environmental impact report (EIR) for review in order to determine whether the report is adequate and / or whether a greater quantity of information is required before the project can be authorised. The information available to decision-makers in the EIR is a major determinant in the outcome of wetland protection and / or destruction. The quality of 4 environmental impact reports of large projects with the potential of impacting on wetlands was assessed using an EIA report quality review checklist. It is concluded that the quality of the 4 reports was generally satisfactory but certain areas were found to be poorly performed, i.e. identification and evaluation of impacts to the potential detriment of the wetlands for which the EIAs were performed. To improve the quality of the reports for projects with the potential of affecting wetlands it is recommended that a quality review checklist be used by EIA practitioners and authorities as an additional tool to the EIA regulations and the integrated environmental management series. This should assist in ensuring that key aspects are addressed before submission to the relevant authority, and will also contribute to establishing a baseline of EIR quality for evaluation of wetlands EIA practice under the new regulations promulgated in 2006.

Implications Of The Environmental Impact Assessment Regulations On The Agricultural Sector In The Overberg District In The Western Cape For Emerging Farmers

The Environmental Impact Assessment (EIA) is a tool that can assist with decision making to produce food sustainably and still look at protecting or preserving natural resources. The Overberg District, the chosen study area, is located in the southern parts of the Western Cape Province in South Africa and the area is rich in agricultural activities. The EIA regulations can affect future agricultural activities for both commercial and emerging farmers. For this study, emerging farmers were chosen as many of these farmers are developing or expanding their farming enterprises and the high costs of EIAs can result in financial implications for these farmers. The purpose of the study was to determine the effects of EIA regulations on the emerging farmers in the Overberg region. Furthermore, the study aims to assess the interpretation of extension staff and farmers regarding EIA regulations and its importance for agriculture. In addition, the study seeks to propose methods to improve the knowledge and awareness of EIA regulations amongst farmers and extension staff by creating a better understanding regarding the EIA process. To successfully meet the objectives of this study, structured questionnaires were administered to 30 farmers and 29 extension officers. The study found that EIA regulations do impact farming operations and that many farmers also lack knowledge regarding EIA regulations. Keywords: Emerging farmer, Environmental Impact Assessment (EIA) regulations, Extension officer

Challenges to EIA consultants whilst dealing with stakeholders in Punjab, Pakistan

Consultants play a pivotal role in the Environmental Impact Assessment (EIA) process because they are the ones who carry out assessments, deal with multiple stakeholders and thus face the most pressure. Considering the ineffectiveness of the EIA process, the current study attempts to identify the challenges faced by consultants in Punjab whilst dealing with stakeholders. Participant observation, professional practice and unstructured interviews were employed as data collection methods. Key challenges identified include the lack of equal treatment, insufficient capability of Environmental Protection Agency (EPA) and consultants, and the lack of awareness on the parts of the proponents and the public. Legislations accompanied with procedural controls exist in Punjab regarding EIA but the implementation is weak. A strong political will is necessary for implementation of EIA rules and regulation, awareness of the proponents and the public and capacity building of EPA. Registration and accreditation can help bring competent consultants in the field who can improve the process.

Analysis of environmental impact assessment practices and legislation in Turkey

In Turkey, as a developing country, environmental impact assessment (EIA) is a critical key for environmental protection. EIA is not regulated in Turkey by means of law, but through a decree put into force on the basis of the relevant provision of the Environmental Law. 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 2014. This study aims to emphasize The EIA system in Turkey to supervise the efficiency of this procedure and point the success level.According to the methods, firstly 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 and analysed court decisions. 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.

Making hotels more energy efficient: the managerial perception

The boom of the tourism industry has led to a huge interest in investing largely in hotel lodgings. Tourists have become aware and started considering new and far from ordinary tourist issues, like environmental protection, waste treatment measures, energy efficiency, renewable energy, green-house gas emissions, etc. The aims of the study are three-fold: (i) to assess the application of energy efficiency practices in the hotel industry; (ii) to explore the determinants of energy consumption; and (iii) to pose valuable recommendations for boosting development of eco-friendly hotels. The research was conducted in Macedonia for the purpose of identifying the impacts of several factors of managing environmental protection practices, in the first line by measuring their current level of influence. The data were obtained by an online survey conducted among managers of three-, four- and five-star hotels and processed by descriptive statistics. The results showed that managers have high positive perceptions on environmental protection issues and pose high awareness of the benefits produced by this concept, thus supporting the European environmental impact assessment regulation. The study recommends new approaches in challenging the hotel industry to decrease the operating costs and suggests that managers are in need for better understanding of the importance of energy efficiency.