ECE Environmental impact assessment

ECE Environmental impact assessment

drawal shall take effect on the ninetieth day after the date of its receipt by the depositary. Authentic Texts Article 18 The original of the present ...

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drawal shall take effect on the ninetieth day after the date of its receipt by the depositary. Authentic Texts Article 18 The original of the present Convention, of which the English, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed the present Convention. DONE at .......... this ......... day o f ......... one thousand nine hundred and ........... In the name of ............................... : []

ECE Environmental I mpact Assessment* I. M E T H O D O L O G I E S Conclusions A. Genera/ 1. There is general agreement on the need for a common understanding of the term "environmental impact assessment methodology" and/or a common understanding of the purposes and goals and the basic ingredients of EIA methodologies. 2. The term "methodology" refers to the general and specific ways in which EIA is conducted; and there are two types of EIA methodologies: process methodologies and subjectmatter methodologies. 3. A methodology for the EIA process refers to the general approaches, procedures or frameworks for structuring EIA; a methodology for EIA subject-matter refers to the ways in which specific environmental impacts can be assessed. 4. A variety of approaches and techniques for both process and subject-matter methodologies are currently in use. The wide range of experience which has thus been gained can be invaluable (a) to those Governments which already have EIA processes and which are seeking to improve their systems, and (b) to those Governments which do not yet have EIA processes and which are considering how best to design their systems. B. Purposes and goals 5. In order to serve the purposes and meet the goals established for EIA, it is proposed, inter alia, that: (a) Decision-makers should use reliable information on the environmental impacts of proposals and alternatives (including policies programmes, plans and projects) in order to make decisions which protect and enhance the quality of the environment; (b) Decision-makers should have the authority to consider all relevant environmental impacts; (c) It is essential to develop and consider alternatives and to gain a comprehensive understanding of their environmental effects; (d) EIA should begin at the earliest stages in the planning and decision-making process so that impacts can be evaluated and proposals improved prior to decisions; (e) The results of EIA should be presented clearly and concisely in a language and graphic which are understandable to decision-

*ECE Seminar on Environmental Impact Assessment, Villach, Austria.

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makers and the public; unnecessary paperwork, detail and technical jargon should be avoided; if) The scope and depth of detail of EIA methodologies and documents should depend on individual environmental situations and be commensurate with the significance of the issues; and (g) EIA methodologies should be sufficiently flexible to be tailored to the unique circumstances of individual proposals and environments, should be applicable to different stages of planning and development, and should be continuously revised on the basis of monitoring and experience. C. Elements o f EIA methodologies 6. The essential components (i.e. "minimum requirements") of the environmental impact assessment process include: (a) identification of objectives, and reasonable alternative courses of action to achieve them; (b) identification of relevant environmental impacts of alternatives, including the "no action" alternative; (c) estimation or description of the identified impacts and evaluation of their importance for protecting and enhancing the environment; (d) specification of the scope, contents and format of the documentation which will be required for conducting the EIA (including required and optional reports); (e) communication with planners, decisionmakers, proponents and the public on the preliminary and/or final results of EIA, including the independent review of environmental documents and the methods by which decision-makers respond to consultation and comments; and if) description of the final decisions made and actions to be taken, including mitigation measures; the reasons for the decision; and the procedure for monitoring implementation of the actions. 7. In addition,the EIA process should include a method for determining, in a reliable and timely way: (a) which proposals and actions are subject to, or require EIA,and what level of EIA is required (e.g. "screening"); (b) what will be evaluated in a particular EIA (e.g, ""scoping") ; (c) the usual mechanics of the EIA process, such as: who will be responsible for which components of the EIA process; and what time schedules, if any; and (d) how decision-makers use the results of environmental impact assessment. O. Further conclusions 8, Both quantitative and qualitative methods are being used to undertake EIA. The two approaches have a role to play in an EIA process. Quantitative methods may have a more important role to play in technical assessment exercises. In an over-all structure, however, there is now a trend towards more qualitative approaches - a trend which is viewed as a healty development. An EIA process, in any case, can be a useful mechanism for harmonizing many types of assessment techniques. 9. Different countries use, or plan to use, different types of methodologies, depending on needs and resource availability. Where a comprehensive EIA system is not yet practicable, experience is being gained as a result of developing specific types of impact study, such as air pollution assessment and general experimentation with assessment methods.

10. If and when countries consider the introduction of EIA processes, the following factors should be kept in mind: (a) international agencies are prepared to offer advice and assistance, especially on subjectmatter methodologies; and (b) willingness to experiment is important in developing a system which conforms with national needs and requirements. Recommendations (a) Member countries are encouraged to include, as part of their EIA processes, the identification of environmentallY/ sound alternatives and to ensure that these alternatives are considered by their decision-makers. (b) Governments which have or are initiating environmental impact assessment processes should have mechanisms (i) to determine the effectiveness of their processes, and (ii) to recommend modifications on a continuing basis. (c) Monitoring o f environmental parameters and evaluation of ecosystems should be included as an integral part of an EIA system; this is necessary for providing baseline data, technical assessments and ex post facto evaluation of specific decisions. Monitoring and evaluation are an essential aid to decisionmaking, in order to protect and enhance the quality of the environment. (d) Where there are various requirements and divided responsibilities for planning and decision-making subjected to EIA, a procedure should be established for a comprehensive review to ensure that: (i) important environmental impacts are not missed; (ii) environmental impacts are viewed cumulatively; and (iii) EIA is completed and used by decisionmakers prior to taking actions which would have an adverse environmental impact or limit the choice of reasonable alternatives. (e) Governments are encouraged to evaluate and share information on EIA methodologies, techniques and experiences, and to seek the assistance of other member countries and international organizations in the development of their EIA methodologies. II. I N T E G R A T I O N OF E N V I R O N M E N T A L C O N S I D E R A T I O N S INTO THE P L A N N I N G A N D DECtSIONJVlAKING PROCESS Conclusions A. A t policy, planning and programme level 1 1. It was generally agreed that environmental impact assessment of policies and plans encompasses such decisions as: the adoption of transportation or energy plans; urban or rural development plans; and legislation and administrative rules regarding activities having potential impact on the environment. Such policies and plans often guide or prescribe alternative uses of resources upon which future actions will be based. 12. Consideration of a broad range of alternatives is one of the prime advantages of environmental impact assessment at the planning level. Therefore, environmental impact assessment must be carried out prior.to a decision which would limit or restrict future options. t3. Integration of EIA into an existing planning process can be efficient only if this process meets certain minimum requirements, e.g. provides the information required or the ways and means to obtain such information

Environmental Policy and Law, 6 (1980)

(e.g. goals, objectives, alternatives, baseline information, effects on the environment, mitigation measures, monitoring, input from the general public, etc.). 14. It is anticipated that the introduction, at an early stage of planning, of environmental impact assessment with emphasis on alternative options will result in lower costs than recourse to mitigating measures after plan implementation. 15. When appropriate EIA is introduced at the policy, plan or programme level, this may reduce the need for specific EIA studies for individual projects. It is recognized, however, that for certain projects E IA reviews may be desirable and/or necessary.

B, A t project level 16. It is recognized that the scope, organization and emphasis of environmental analysis varies according to the importance and size of the project, whether it is a remote possibility or a highly probable consequence, and whether one proponent or several are likely to be involved. This consideration applies, even more so, to linked proposals extending over large geographical areas and particularly if there may be synergistic effects. 17. The common element is flexibility of approach and the adoption of an initial process: to determine what level of review is needed; and to identify the degree of effort required to evaluate the effect of a proposal on the environment of the affected areas. 18. For the preparation of an adequate EIA within a reasonable time, the availability of adequate information about the project and the establishment of baseline data on the affected areas are identified as elements of critical importance. This, in turn, requires the provision of adequate expertise to identify and describe potential impacts through the adoption o f a methodical approach to data collection, data bank analyses and consultation with institutions, developers and the public. 19. The accessibility and availaibility of in~ formation on the national and regional context and on the broad administrative procedure involved is also an important factor to facilitate and enhance the preparation of an EIA, 20. It is generally agreed that the organization and undertaking o f EIA for major projects involve contributions from a wide range of sources; and that it is important to seek and establish mutual co-operation between all concerned. This could lead to a common understanding of the problems faced, and ultimately to the making of a better assessment. 21. The problem of imbalance between resources and expertise at different levels of interest is recognized; another concern is the initial cost and staff commitments for carrying out an EIA. Efforts should be made to improve knowledge of various financial and other costs and benefits of EIA to all affected, i.e. proponent, government, the public, and the environment. Such efforts can assist in better understanding of how the long and short-term costs are allocated; how they could be most equitably distributed; and which are the direct and indirect benefits derived from these expenditures. It is also generally agreed that lack of knowledge about the precise costs of EIA should not preclude the use of EtA, especially for actions which might cause serious environmental damage. E n v i r o n m e n t a l P o l i c y a n d Law, 6 (1980)

22. The increasing application of EIA at the national planning level is a valuable trend to help in identifying locations for future development in advance of specific proposals. Recommendations 23. It is important to consider all relevant factors, such as health, ecological, socioeconomic and other pertinent aspects, in environmental impact assessments; the techniques for the presentation of these factors should continue to be developed and tested in practical applications. 24. For policies, programmes, plans, and projects, environmental factors should be: (a) considered in all phases and all levels of decision-making, along with technical, social, economic and other factors; (b) considered in a systematic and comprehensive way: and (c) defined in adequate detail to be compared to technical, social, economic and other factors.

ronmental impact assessment studies should be taken into account. 28. It is recommended that, to avoid damages in areas of special sensitivity or to take into account potential cumulative effects of certain small-scale projects not normally subjected to EIA, these should nevertheless undergo review. III. PUBLIC I N F O R M A T I O N A N D PARTICIPATION Conclusions 29. The public has become increasingly interested in participating in the planning and decision-making process. This interest has been recognized and incorporated into the environmental impact assessment procedures of a certain number of ECE member countries. 30. It is generally agreed that EIA is an appropriate and desirable means of informing the public of the many environmental issues which must be considered in planning and decisionmaking. 31. Experience of some countries shows that public participation is an effective mechanism in EIA, especially when properly organized. Various forms and methods for public participation in environmental protection, environmental education of populations, improved professional qualifications in production and planning, are in fact a means for public control of the environmental impacts of development planning and implementation. 32. It is recognized t h a t t h e public increasingly insists on the right to comment on the adequacy of EIA studies, and in particular on the alternatives proposed for decision. 33. Stress is laid on the advantages of early public consultation in the EIA process. It is also agreed that public participation should be on a continuous basis and take place at the various stages of the E IA process. 34. Monitoring studies and the dissemination of the results of such studies is indispensable to an efficient EIA process. 35. tn public participation the quality of the input may vary with the availability o f resources. Education and funding are important means of providing necessary expertise. Recommendations

"/'am afraid it will mean destroying their natural habitat. " Reproduced by permission of Punch

25. It is recommended that environmental considerations should be integrated in all phases and at all levels of planning along with technical, social, economic and other factors. Various environmental factors have thus to be considered in a systematic and comprehensive way in order to enable an evaluation of environmental imPacts in the adoption of plans. 26. To integrate environmental impact assessment, including public participation, into systems of planning and decision-making, it is necessary clearly to determine how, where and why environmental considerations should be treated in relation to other relevant factors. 27. It is recommended that in adopting policies, programmes, plans and projects, the results of an independent review of the envi-

36. Active public participation in the review of environmental impact assessment should be encouraged. 37. EIA procedures should clearly identify the persons and groups who may be affected by the proposed activity. 38. Public participation should occur on a continuing basis, at the different stages of the EIA process, by means of both formal methods (prescribed by legislative or administrative action) and informal methods (established by codes of practice or agreement). 39. Procedures for public information and participation should include, as a minimum, exchange of information at an early stage; publication and wide dissemination o f EIA documents; public meetings and/or hearings; and publication of the rationale for the decision; information concerning the results of ex post facto monitoring; and important documents should be summarized in a manner easily understandable by the public. 40. Public participation in EIA should be encouraged by means of educational programmes and appropriate funding. 41. Proponents of proposals should consult with the public at an early stage and during 41

crucial phases of the EIA. The public -including interest groups -- should be recognized as a source of information and opinions that can be valuable both for identifying significant impacts and for evaluating possible options. IV. E N V I R O N M E N T A L I M P A C T ASSESSM E N T AS A N I N S T R U M E N T FOR HANDLING TRANSBOUNDARY PROBLEMS Conclusions 43. The environmental impact assessment process can be a useful and practical tool for identifying, evaluating and considering international environmental effects of development activities which inadvertently could harm the environment of one or more countries. The results of such environmental impact assessments can be used, not only by the State which is originating a given action but also by a State which could be affected by the action -- their primary purpose being to improve understanding of and to deal systematically with, potential environmental problems. Experience gained in utilizing such international assessment processes may also be useful in strengthening domestic environmental impact assessment procedures. 44. Among the activities which may usefully be assessed for potential international environmental effects are national actions which may cause transnational environmental damage in areas outside the jurisdiction of any nation or in other countries, especially neighbouring countries. Many delegations recognized the importance of using EIA in connection with development assistance projects. International organizations, such as UNEP, UNIDO, OECD, WHO, FAO, CMEA. the European Economic Community, the World Bank and some governments have considered or are considering activities and proposals for environmental impact evaluation of activities having potential international environmental effects. 45. The preparation of environmental impact assessments for international effects will raise certain jurisdictional, practical and procedural issues which are not likely to exist in the evaluation of domestic environmental effects. Consequently, flexibility will be required in preparing environmental impact assessment which include international effects, in order to take account of, inter alia, national sovereignty and diplomatic considerations; the need for international co-operation; the possible lack of necessary scientific information; and the need ,for technical expertise.

jurisdiction, it is recommended that ECE member countries consider ways of: (a) evaluating, to the extent possible, environmental impacts of their activities to avoid undesirable environmental effects of these activities; and (b) preparing environmental assessments for the major actions they undertake in their own territories or in the global commons that may cause significant harm to the environment of another country or the global commons. It is further recommended that ECE member Governments discuss with potentially affected countries or, in the case of the global commons, with an appropriate international organization, for the purpose of preventing or at least minimizing environmental harm.

Specific Recommendations It is recommended that: 49. The proceedings of the present Seminar on Environmental Impact Assessment should be published (if possible in all three ECE languages) and given wide dissemination. Furthermore, steps should be taken to facilitate a continuing exchange of information regarding environmental impact assessments carried out in ECE countries. 50. In general recognition of (1) the value of environmental impact assessment for protecting and enhancing the quality of the human environment; (2) the interest of member countries which do not yet have an EIA process; and (3) the mutual advantage of exchanging information on EIA methodologies, it is recommended that: (a) each member country prepare and send to the ECE secretariat a document to describe its EIA process (if any), including information on how it is structured and implemented, tf the EIA process forms part of other existing requirements, this document should identify where the basic requirements of an EIA process are to be found. (b) the Senior Advisers to ECE Governments on Environmental Problems decide to collect and analyse the above information with the purpose of providing reference material to countries considering the application of EIA procedures. (c) each member country give early consideration to the adoption of an EIA process by legislative or administrative means. (In this respect, it is recognized that an EIA process may be a separate requirement - albeit one which is tied to normal government planning and decision-making - or it may be incorporated as a distinctive feature of other requirements.) 51. As ECE member countries are developing national energy plans up to the year 2000 and information on such plans is being comRecommendations piled within the framework of ECE (by the Senior Advisers to ECE Governments on 46. It is recommended that ECE member Energy), it would be interesting and useful countries consider what measures they might that the Senior Advisers on Environmental take in their planning and decision-making Problems consider undertaking a preliminary to ensure that environmental considerations study of these composite energy plans in are incorporated into any of their own acorder to begin to identify the environmental tivities which may (directly or indirectly) implications of possible future energy policies. significantly harm the environment outside 52. It is recommended that, in the interest of their own jurisdiction. 47. To assist in accomplishing these objectives, strengthening co-operation and of minimizing duplication of effort, steps should be taken it is recommended that ECE member coun(possibly with the assistance of UNEP} to tries consider the carrying out of environmenidentify the authority and respective responsital impact assessments for such activities. bilities of the various international organiza48. In the recognition that activities undertions engaged in fostering the development taken by member countries, including their of EIA acceptance and procedures in the ECE assistance to developing countries, may cause region. [] environmental damage outside their own 42

SEA TURTLE STRATEGY

CONSERVATION

S I T U A T I O N A N D OBJECTIVES Few groups of animals are more valuable and magnificent and at the same time more misused than sea turtles. Able to serve as a source of protein for coastal peoples in the tropics, they have been over-exploited most frequently to feed, clothe and adorn the wealthy in Europe, North America, and eastern Asia. Populations are being lost through land development that destroys nesting beaches, through reef destruction, through the accidental drowning of turtles in trawl nets, and through the failure of states to join together to protect species that migrate from areas under one coastal jurisdiction to others. Even states intent on managing the resource wisely have destroyed sea turtle populations by developing management plans that ignored the biological needs of the species. Very few populations of sea turtles remain undiminished. The majority are depleted. Many are extinct. Six of the seven species are endangered.

The objective of this strategy is to develop conservation action based on the biology of the species that will return sea turtles to former abundance while allowing controlled exploitation for the benefit of generations of humans yet to come. THE P R O B L E M The fate of sea turtles in the modern world is being determined by the interaction of many factors. These include: t) the use of sea turtles as food by peoples who live where sea turtles are found; 2) the use of sea turtle products in local commerce (for example, sea turtle eggs sent to local markets); 3) the international trade in sea turtle prnducts; 4) the differing attitudes towards conservation in different countries; 5) the incidental destruction of sea turtles that occurs during the fishing of other species; 6) the effects of nesting beach alteration or destruction; 7) the effects of marine and land-based pollution; and 8) the natural recovery rates of the various sea turtle populations under different conditions of exploitation and incidental stress, This biological constraint (8) is in turn determined by such variables as growth rate, food resources, migratory habits, the f i x i t y of nesting behaviors (including preference for certain nesting sites) and others. Of these eight factors (there may be more) that determine the fate of sea turtles, only one, the biological factor, is non-negotiable in a conservation strategy, Sea turtles, even the most resilient of the species, are neither shrimp nor herring. They mature very slowly compared with most commercially important species, and when mature their reproduction is vulnerable to disruption by many kinds of

Environmental Policy and Law, 6 (1980)