SISTEMA DE AIA / EIA SYSTEM - Processo / Process - Legislação / Legislation - Produtos / Products - Atores / Actors

Transcription

1 Mestrado em Engenharia do Ambiente Master on Environmental Engineering Impactes Ambientais / Environmental Impacts 5/9 Environmental MRPartidário SISTEMA DE AIA / EIA SYSTEM - Processo / Process - Legislação / Legislation - Produtos / Products - Atores / Actors Prof. Doutora Maria do Rosário Partidário

2 Processo Avaliação Impacto Ambiental / Environmental Impact Assessment process Environmental MRPartidário 2

3 EIA PROCESS SCREENING SCOPING DEVELOPMENT OF ENVIRONMENTAL IMPACT STUDY (EIS) AND PREPARATION OF REPORT (EIR) QUALITY REVIEW DECISION FOLLOW-UP Screening - to determine need for and level of EIA Scoping identify impacts; identify important issues; identify alternatives, establish ToR for EIS. Preparation of environmental impact report Baseline studies state of the environmental and evolution in the absence of project Impact analysis identifying, predicting impacts, comparing alternatives Impact assessment assess impacts Mitigation - minimize or offset adverse impacts (environmental management plan) Monitoring plan setting plan for monitoring Review of the EIR - including public involvement and institutional consultation Decision making - conditions of approval (EIStatement - DIA) Follow up - monitor impacts; effectiveness of mitigation, improve environmental management.

4 Screening Selecting those projects that require an EIA process and the development of related studies -Positive lists -Negative lists -Initial assessment (screening checklist, preliminary studies, expert judgement) Screening Scoping EIS + EIR Quality Review Decision Follow-up

5 Screening methods (Guidance EU, 2001) Depend on EIA systems: Positive lists - explicitely state conditions for EIA submission, with or without thresholds Negative ou exclusion lists - explicitely state conditions to exclude a project from EIA submission, with or without thresholds Initial studies to determine if a given projects must be submitted, or not, to EIA.

6 Screening criteria (Guidance EU, 2001) Project category (classification, objectives, characteristics, type of manufactured products...); Location (protected areas, coastal areas,.); Dimension (area, extension, flows, tension, amount of resources being used, nr of units,...); Other similar projects in the neighbourhood (cumulative effects); Time horizon; Investment value (Equator Principles); Two or more of the above criteria.

7 Screening in Portugal 1. Positive list 3. Joint decision 2. Exclusion 4. Preliminary assessment 1- Projects identified in the positive list - Annex I and Annex II 2- Exclusion from EIA (for projects on the positive list) 3- Joint decision by the environmental minister and the sector minister (for projects not on the positive list) 4- Preliminary assessment (for projects on the positive list but below thresholds) proposed by competent authority EIA Y/N: EIA EIA Y/N: EIA

8 Scoping Can be legally requested, or a voluntary action of the proponent, with or without public participation Purpose: Identify key issues to be considered in the EIA and related studies Content: -Key environmental issues -Relevant alternatives -Methods for impact assessment and studies to be developed -Relevant stakeholders to be involved -Planning, methodology and structure of the EIS Screening Scoping EIS + EIR Quality Review Decision Follow-up

9 Scoping What is it: Early stage of the EIA process, can be forced by law or an option of the proponent. Objective: To ensure that EIS contain relevant information for the decision on impacts and project alternatives, as well as other relevant information. Identifies and selects significant environmental issues that can be potentially afected by the project and that should be analysed in the EIS. Results: EIS planning and establishment of terms of reference Public participation in scoping: reduction of conflicts Environmental MRPartidário

10 Scoping Checklist (EU, 2001) -Details on the proponent -Project characteristics -Brief description and justification of the project -Plan with geographic boundaries -Description of processes, physical shape, alternatives, etc. -Used resources, etc. -Project location -Maps, photos -Land use, protected and restricted areas, zoning, etc. -Potential impacts characteristics -Impacts on people, health, fauna and flora, noise and vibration, hidrology, cultural heritage, etc. -Nature of impacts, duration, probability, etc.

11 Scoping Checklist (EU, 2001) Environmental MRPartidário

12 Scoping Checklist (EU, 2001) Environmental MRPartidário

13 Scoping Checklist (EU, 2001) Environmental MRPartidário

14 Scoping- signficant impacts 1. Will there be a large change in environmental conditions? 2. Will new features be out-of-scale with the existing environment? 3. Will the effect be unusual in the area or particularly complex? 4. Will the effect extend over a large area? 5. Will there be any potential for transboundary impact? 6. Will many people be affected? 7. Will many receptors of other types (fauna and flora, businesses, facilities) be affected? 8. Will valuable or scarce features or resources be affected? 9. Is there a risk that environmental standards will be breached? 10. Is there a risk that protected sites, areas, features will be affected? 11. Is there a high probability of the effect occurring? 12.Will the effect continue for a long time? 13.Will the effect be permanent rather than temporary? 14.Will the impact be continuous rather than intermittent? 15. If it is intermittent will it be frequent rather than rare? 16.Will the impact be irreversible? 17.Will it be difficult to avoid, or reduce or repair or compensate for the effect? Environmental MRPartidário (UE, 2001)

15 Types of Alternatives and Mitigating Measures to be Considered Measures to conserve or reduce wastage of resources Different approaches to meeting demand Locations or routes Processes or technologies Site plans and layouts Design of structures Types and sources of materials Product specifications Timetable for construction, operation and decommissioning including any phasing of the project Size of the site or facility Level of production Responsibilities for implementation Pollution controls Waste disposal arrangements including recycling, recovery, reuse and final disposal Access arrangements and routes for traffic to and from the site Environmental management responsibilities and procedures Employment and staff training Monitoring and contingency plans Decommissioning arrangements, site restoration and after-use Do Nothing or Do Minimum Environmental MRPartidário (UE, 2001)

16 EIS and EIR Usually the longest stage and one of the most important documents of the EIA process. Proponent responsibility. Purpose Provide information on potential significant environmental impacts Environmental impacts include physical, ecological, social, cultural, economic, and other that may be relevant Screening Scoping EIS + EIR Quality Review Decision Follow-up

17 EIReport structure Content 1.Introduction 2.Justification of the project 3.Description of the project and relevant alternatives 4.Baseline studies (including expected situation without the project) 5.Impact assessment and mitigation measures (including residual or unavoidable impacts) 6.Follow-up: monitoring, management and evaluation Non-Technical Summary Screening Scoping EIS + EIR Quality Review Decision Follow-up

18 Quality Review A crucial step of the EIA process, formally required in most EIA systems, but sometimes absent, highly vulnerable to political pressures. Should always engage public participation Purpose To check the quality of the environmental studies and impact assessment conducted by the proponent, with the assistance of consultant teams, and validation. Screening Scoping EIS + EIR Quality Review Decision Follow-up

19 Quality Review Who does it? EIA authorities in each country, most of the times based in the ministry with environmental responsibilities Method -Independent expertise establish guidelines with criteria, at Scoping stage, and use these criteria to assess results at Review stage -Ministry officers may use, or not, published criteria for good quality EIA, per sector (e.g. EU guidance, US, Canada, Australia ) Screening Scoping EIS + EIR Quality Review Decision Follow-up

20 Decision It is the go-ahead, or not, of the project Can be binding, or simply a recommendation Three possible decision-takers: 1.Proponent 2.Sectoral authority with licensing responsibilities 3.The Minister with environmental responsibilities Possible production of a Environmental Impact Statement that states the decision and the conditions for a go-ahead (e.g. conditional to the adoption of mitigation measures) (In Portugal is the DIA Declaração de Impacto Ambiental) Screening Scoping EIS + EIR Quality Review Decision Follow-up

21 Follow-up Enforces the concept of life-cycle in EIA, what happens after decision to go-ahead is taken Purpose: To follow the implementation of the project (including construction, implementation and abandonement) to check on efficiency of mitigation measures, clarifying uncertainties, detect unexpected impacts, and ensure environmental management of the project Content Monitoring programme Evaluation studies Screening Scoping EIS + EIR Quality Review Decision Follow-up

22 Process of Environmental Impact Assessment (IAIA,1999): Screening Does the project require an EIA? Scoping EIS + EIR Quality Review Decision Follow-up What are key environmental issues? Impacts assessment, mitigation measures, monitoring and environmental management Were impacts and mitigation measures well identified, and a monitoring programme defined? Approval or rejection M&E, communication and management

23 EIA and Decision Cycle Environmental MRPartidário 23

24 Project cycle Abandonnement Intention to develop a project Viability Concept Design Exploration/operation, monitoring and project assessment Previous studies Construction / Implementation Execution project Environmental MRPartidário 24

25 Abandonement EIA and project Environmental management plan cycle Intention to develop a project Feasibility Key issues, initial assessment and screening Concept Design Scoping and impacts significance Implementation/operation, project monitoring and evaluation Monitoring and postevaluation Construction Environmental management plan applies Participation / public and stakeholders engagement Execution Project Previous study Alternatives, impact assessment, need for mitigation measures Mitigation measures. Environmental management plan

26 Quadro legal/ Legal framework Quadro Institutional / Institutional framework Environmental MRPartidário 26

27 Directive 2011/92/EU of 13 December 2011, as amended by Directive 2014/52/EU of 16 April Scope of application: public and private projects : - the execution of construction works or of other installations or schemes, -other interventions in the natural surroundings and landscape including those involving the extraction of mineral resources

28 Directive 2011/92/EU of 13 December 2011, as amended by Directive 2014/52/EU of 16 April 2014 Scope of environment : (a)population and human health; (b)biodiversity, with particular attention to species and habitats protected under Directive 92/43/EEC and Directive 2009/147/EC; (c)land, soil, water, air and climate; (d)material assets, cultural heritage and the landscape; (e)the interaction between the factors referred to in points (a) to (d). - Expected effects deriving from the vulnerability of the project to risks of major accidents and/or disasters

29 Directive 2011/92/EU of 13 December 2011, as amended by Directive 2014/52/EU of 16 April 2014 The information to be provided by the developer ( EIA report ): (a)a description of the project (b)a description of the likely significant effects of the project on the environment (c)a description of the features of the project and/or measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment (d)a description of the reasonable alternatives studied by the developer, which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment (e)a non-technical summary (f)any additional information specified in Annex IV relevant to a particular project and to the environmental features likely to be affected

30 Directive 2011/92/EU of 13 December 2011, as amended by Directive 2014/52/EU of 16 April 2014 Key features - Establishes the European model of EIA - Positive list (Annex I mandatory EIA and Annex II - discretionary) - Voluntary scoping - Assessment of alternatives - Annex III - criteria for the significance of environmental impacts - Public participation and institutional engagement - Requirements for information on the decision

31 INSTITUTIONAL FRAMEWORK in EIA IN EUROPE Environment Directorate-General (DG ENVIRONMENT) Objective to protect, preserve, and improve the environment for present and future generations Responsible for the administration of European Directives and for overviewing member-states activities in implementing EU environmental law (as EIA), ensuring they are fulfilled. Other sectorial DG in their areas of responsibility (total of 40; for example DG Transports, DG Regions, DG Energy) European Commissioner and European Court - conflict resolution

32 PORTUGUESE KEY LEGISLATION ON ENVIRONMENTAL IMPACT ASSESSMENT KEY NATIONAL LEGISLATION Decree-Law no. 151-B/2013, of October 31, as amended by Decree-Law no. 47/2014, of March 24

33 INSTITUTIONAL FRAMEWORK IN PORTUGAL EIA Authority Public Administration office responsible for coordination and administration of the EIA process, also resposible for public participation in EIA Projects Annex I (mandatory EIA, major projects) Portuguese Environmental Agency (Agência Portuguesa doambiente - APA) Projects Annex II (discretionary list) Regional Coordination and Development Commissions (Comissões de Coordenação e Desenvolvimento Regional - CCDR) or APA for specific projects categories or situations

34 INSTITUTIONAL FRAMEWORK IN PORTUGAL Assessment Committee Expert group of public administration officers and independent consultants, responsible for the technical review in the EIA process Appointed by the EIA Authority EIA Focal Points Group Consultative Council on EIA

35 INSTITUTIONAL FRAMEWORK IN PORTUGAL Licensing authority, or competent for authorizing the project The public administration authority that is competent for the project authorization or licensing decision-making Central Administration (including corporations having that legal power), Regional (Madeira and Azores) and Local Councils

36 Sensitive areas (Decree-Law no 151-B/2013 of 31 October as amended by Decree-Law no. 47/2014 of 24 March) i) Protected areas, designated according to Decree-Law no. 142/2008, of 24 July; ii) iii) Natura 2000 sites, special areas of conservation and special protection areas, classified according to Decree-Law no. 140/99, of 24 April, according to Directives 79/409/CEE (Bird Directive) and 92/43/CEE (Habitats Directive); Buffer zones of cultural heritage properties designated (or in the process of designation) under the Law no. 107/2001, of 8 September.

37 INSTITUTIONAL FRAMEWORK IN PORTUGAL Análise de Incidências Ambientais (AIncA) [= Appropriate assessment in the UK] Nature 2000 network Decree-Law no. 140/99 of April, 24th, has published in Decree-Law no. 49/2005, of February, 24th: Article 10: Environmental MRPartidário 37

38 INSTITUTIONAL FRAMEWORK IN PORTUGAL Análise de Incidências Ambientais (AIncA) Renewable energy Decree-Law no. 172/2006, of 23 August, as amended and republished by Decree-Law no. 215-B/2012, of 8 October (Articles 33-R to 33-U) All renewable energy projects located in protected areas, Natura 2000 sites or land of the National Ecologic Reserve, independently of his characteristics, are subject to a simplified form of EIA Environmental MRPartidário 38

39 EIA Directive - Positive list Annex I Environmental MRPartidário

40 Anexo II (Decreto-Lei nº 151-B/2013) 10 - Projetos de infraestruturas Tipo de projeto Caso geral Áreas sensíveis a) Projetos de loteamento, parques industriais e plataformas logísticas Projetos de loteamento e parques industriais 20ha Plataformas logísticas área 15ha Análise caso a caso e) Construção de estradas, (não incluídos no Anexo I) k) Obras costeiras de combate à erosão marítima m) Obras de transferência de recursos hídricos entre bacias hidrográficas (não incluídas no Anexo I) Estradas reservadas ao tráfego motorizado e com intersecções desniveladas Estradas com extensão 10 km. Todas Todas Estradas: todas.. Todas Todas

41 EIA Process in Portugal Screening Scoping EIA report preparation EIA review Decision (DIA) Det. project Monitoring & Audit Public & institutional consultation

42 EIA Process in Portugal Screening Scoping EIA report preparation EIA review Decision (DIA) DPECR: Detailed Project Environmental Compliance Report (RECAPE) Preparation of DPECR Det. project Review of DPECR Monitoring & Audit Decision (DCAPE) Public & institutional consultation

43 Products depends on the system Environmental MRPartidário In Portugal (only the main products): Estudos Iniciais / Initial Studies Proposta de Definição do Âmbito (PDA) / Scoping proposal Deliberação da Definição do Âmbito / Scoping decision Estudo de Impacte Ambiental (EIA) /EIS Relatório da Consulta Pública / Public Consultation report (PCR) Parecer da Comissão de Avaliação / Advice of the Assessment Commission Declaração de Impacte Ambiental (DIA) / Environmental Impact Statemen Relatório de Confomidade Ambiental do Projecto de Execução (RECAPE Report on the detailed project environmental compliance Decisão de Conformidade Ambiental do Projeto de Execução (DCAPE) / Decision on the Environmental Conformity of the Detailed Project Relatórios de Monitorização / Monitoring Report