Department of Environment and Conservation. NEIA newleef 2013 October 10, 2013

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1 Department of Environment and Conservation NEIA newleef 2013 October 10,

2 The Environmental Assessment Process in Newfoundland & Labrador 2

3 Overview Purpose of EA in Newfoundland & Labrador EA Goals Definitions The EA Process Consultation Federal Provincial Coordination Conclusion October 10, 2013 Environment and Conservation 3

4 Goals of Environmental Assessments in NL Protect the environment and quality of life of the people of the province; and facilitate the wise management of the natural resources of the province" Proactive consideration of environmental issues Facilitate Project planning and design phase Allows input by government agencies, Aboriginal governments & organizations and the public Incorporates environmental considerations into decision making October 10, 2013 Environment and Conservation 4

5 Goals of Environmental Assessments in NL Promote acceptable development Help Proponents meet requirements Ensure environmental protection October 10, 2013 Environment and Conservation 5

6 Legislation Environmental Protection Act 2002 Environmental Assessment (Part X) Environmental Assessment Regulations 2003 October 10, 2013 Environment and Conservation 6

Undertaking An enterprise, activity, project, structure, work or proposal that, in the opinion of the Minister, may have a significant environmental

7 Undertaking An enterprise, activity, project, structure, work or proposal that, in the opinion of the Minister, may have a significant environmental effect. May include: modification, abandonment, demolition, decommissioning, rehabilitation, and extension. October 10, 2013 Environment and Conservation 7 7

8 Environment Biophysical air, land, water plant & animal life (including human) Socioeconomic social, economic, recreational, cultural and aesthetic factors October 10, 2013 Environment and Conservation 8

9 Environmental Effect A change in the present or future environment resulting from an undertaking October 10, 2013 Environment and Conservation 9

10 Valued Ecosystem Components Biophysical Air Quality Water Resources Migratory Birds Freshwater Fish, Fish Habitat & Fisheries Species at Risk & Species of Special Conservation Concern Wetlands Socio Economic Economy, Employment and Business Commercial Fisheries & Aquaculture Health and Community Health Community Services & Infrastructure Historic & Cultural Resources October 10, 2013 Environment and Conservation 10

11 EA Process Step 1 Proponent submits Project registration for review 35 day review period/45 day decision period Step 2 Minister s Decision Option 1 release (possibly with conditions) Option 2 require further assessment EPR Option 3 require further assessment EIS Option 4 reject (by Cabinet) Step 3 If required, conduct further assessment Environmental Preview Report (EPR); or Environmental Impact Statement (EIS) October 10, 2013 Environment and Conservation 11

12 The Process Project Released Project Registration Project Rejected Release EPR Required EA Committee Guidelines Issued EPR Submitted Recommendation & Decision EIS Required EIS Required EA Committee Guidelines Issued Baseline Studies* EIS Submitted Recommendation & Decision Project Rejected Project Released October 10, 2013 Environment and Conservation 12

13 EA Process EPR or EIS 1. Appoint EA committee 2. Draft guidelines issued 3. Final guidelines issued 4. Baseline studies may be required 5. Proponent submits EPR or EIS October 10, 2013 Environment and Conservation 13

14 EA Process EPR or EIS 6. Public and EA committee review period 7. Committee Recommendation 8. Decision by Minister and/or Cabinet October 10, 2013 Environment and Conservation 14

15 Consultation Public, Aboriginal Organizations & Governments Engage communities in project area Provide key EA documents the public October 10, 2013 Environment and Conservation 15

16 Consultation Aboriginal Consultation The Government of Newfoundland and Labrador s Aboriginal Consultation Policy on Land and Resource Development Decisions ( The Policy ) consultation.pdf October 10, 2013 Environment and Conservation 16

17 Consultation IGAA currently drafting Aboriginal Consultation Guidelines pursuant The Policy relative to: Mineral Exploration Environmental Assessment Post EA Permitting October 10, 2013 Environment and Conservation 17

18 Federal EA Process Canadian Environmental Assessment Act Proclaimed in July 2012 Administered by Canada (CEA Agency) Designated project list regulations (not finalized) October 10, 2013 Environment and Conservation 18

19 Harmonization Advantages To avoid duplication, delays and costs to proponents Done whenever possible & practical Challenges Timelines do not match Decision steps do not match Information requirements vary Inconsistencies in approach October 10, 2013 Environment and Conservation 19

20 Efforts to Streamline the Process Development of Aboriginal Consultation Guidelines Harmonization with federal process Discouraging last minute submissions Tweaking internal timelines October 10, 2013 Environment and Conservation 20

21 Conclusion Communicate early Plan on meaningful public and Aboriginal consultation Better to provide as much Project information up front as possible October 10, 2013 Environment and Conservation 21

Canadian Environmental Assessment Act, Newfoundland Environmental Industry Association November 21, 2012

Canadian Environmental Assessment Act, 2012 Newfoundland Environmental Industry Association November 21, 2012 Overview of Changes CEAA 2003 EA Process Driven by federal involvement in a project Applies