European Union s Experience with Public participation in regional EIA Directive in the context of economic integration and lessons for ASEAN

Transcription

1 Environmental Technical Assistance and Information Exchange Facility (ENV-TAIEF) This project is financed by the European Union European Union s Experience with Public participation in regional EIA Directive in the context of economic integration and lessons for ASEAN Public Participation in Mekong region Regional symposium, Siem Riep, Cambodia April 25-27, 2016 Ministry of the Environment and Spatial Planning, Slovenia Vesna Kolar Planinšič, Msc. vesna.kolar-planinsic@gov.si 1

2 Environmental Technical Assistance and Information Exchange Facility (ENV-TAIEF) This project is financed by the European Union Environmental Technical Assistance and Information Exchange Facility (TAIEF) Jan 2014 Dec 2016 Contact: Technical Assistance and Information Exchange Facility (TAIEF) NIRAS IC Sp. z o.o., ul. Waliców 11, Warsaw, Poland Phone: , fax: TAIEF@niras.com Implemented by IC Sp. z o.o. April 25-27, 2016, Siem Reap, Cambodia 2

3 1. POLICIES AND LEGISLATION Espoo Convention EIA Directive Arhus Convention Arhus Directive 2. GUIDELINES Guidance on Public Participation under the Espoo Convention Maastricht Recommendation on Promoting Effective Public Participation in Decision making in Environmental Matters 3. INSTITUTIONAL SETTINGS 4. KEY PRINCIPLES 5. GOOD PRACTICES EXAMPLES EIA PROCES, INFORMATION,STEAKHOLDERS 6. RECOMMENDATIONS April 25-27, 2016, Siem Reap, Cambodia 3

4 ENVIRONMENT HORIZONTAL EIA DIRECTIVE Environmental assessment for privat and public project ESPOO CONVENTION Transboundary Environment Impact Assessment in Transboundary Context ARHUS CONVENTION/ DIRECTIVE The views expressed in all presentation do not necessarilly reflect the views of the European Commission. April 25-27, 2016, Siem Reap, Cambodia 4

5 1. EU Policies and legislation 1. Convention on Environmental Impact Assessment in a Transboundary Context /Espoo Convention 2. Environmental Impact Assessment Directive Directive 2011/92/EU of the European Parliament and of the Councilof13December2011ontheassessmentoftheeffectsof certain public and private projects on the environment Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment April 25-27, 2016, Siem Reap, Cambodia 5

6 EU Policies and legislation 3. Convention on Access to Information, Public Participation in Decision/making and Access to Justice in Environmental Matters /Arhus Convention 4. Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programs relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC The objective of this Directive is to contribute to the implementation of the obligations arising under the Århus Convention, in particular by: improving the public participation and providing for provisions on access to justice within Council Directives 85/337/EEC and 96/61/EC. April 25-27, 2016, Siem Reap, Cambodia 6

7 ESPOOCONVENTION Article 2.2 requires Parties to establish a national EIA procedure that permits public participation. It is recommended that, as a minimum, national EIA procedures should include provisions that: a) the public is informed on any proposals relating to an activity with potential adverse environmental impacts in cases subject to an EIA procedure in order to obtain a permit for a given activity; (b) the public in the areas likely to be affected is entitled to express comments and opinions on the proposed activity when all options are open before the final decision on this activity is made; (c) reasonable time-frames are provided allowing sufficient time for each of the different stages of public participation in the EIA procedure; (d) in making the final decision on the proposed activity, due account is taken of the results of the public participation in the EIA procedure. April 25-27, 2016, Siem Reap, Cambodia 7

8 ARHUS CONVENTION 1. The right of everyone to receive environmental information that is held by public authorities ("access to environmental information") 2. information on the state of the environment, but also on policies or measures taken, or on the state of human health and safety where this can be affected by the state of the environment. 3. Applicants are entitled to obtain this information within one month. 4. The right to participate in environmental decision-making. State portal Focal point Focal point Focal point Arhus centre Focal point Focal point Focal point Focal poit April 25-27, 2016, Siem Reap, Cambodia 8

9 New EIA Directive MS shall ensure information available to public concerned: (a)any information, the main reports and advice issued to the competent authority or authorities (b)any other information, relevant for the decision. The public concerned shall be given early and effective opportunities to participate in the environmental decisionmaking procedures and shall be entitled to express comments and opinions when all options are open! April 25-27, 2016, Siem Reap, Cambodia 9

10 NewEIA Directive The detailed arrangements for informing the public, for example by bill posting within a certain radius or publication in local newspapers, and for consulting the public concerned, for example by written submissions or by wayofapublicinquiry,shallbedeterminedbythems. MS shall take the necessary measures to ensure that the relevant information is electronically accessible to the public, through at least a central portal or easily accessible points of access, at the appropriate administrative level. 30daysforcommentsastheminimum. April 25-27, 2016, Siem Reap, Cambodia 10

11 PUBLIC PARTICIPATION IN DECISIONS ON SPECIFIC ACTIVITIES Arhus Art. 6 obligations The public concerned shall be informed, either by public notice or individually as appropriate, early in an environmental decision-making procedure, and in an adequate, timely and effective manner, of: The proposed activity and the application on which a decision will be taken; The nature of possible decisions or the draft decision; The public authority responsible for making the decision; The envisaged procedure, including, as and when this information can be provided: The commencement of the procedure; The opportunities for the public to participate; The time and venue of any envisaged public hearing; April 25-27, 2016, Siem Reap, Cambodia 11

12 Arhus Art. 6 obligations An outline of the main alternatives studied by the applicant; In accordance with national legislation, the main reports and advice issued to the public authority at the time when the public concerned shall be informed Procedures for public participation shall allow the public to submit, in writing or, as appropriate, at a public hearing or inquiry with the applicant, any comments, information, analyses or opinions that it considers relevant to the proposed activity. Each Party shall ensure that in the decision due account is taken of the outcome of the public participation. April 25-27, 2016, Siem Reap, Cambodia 12

13 Arhus Article 6 obligations Each Party shall : - ensure that, when the decision has been taken by the public authority, the public is promptly informed of the decision, - make accessible to the public the text of the decision along with the reasons and considerations on which the decision is based, - ensure that, when a public authority reconsiders or updates the operating conditions for an activity. April 25-27, 2016, Siem Reap, Cambodia 13

14 2. KEY PRINCIPLES Three pillars of public participation information, participation in decision-making and access to justice. April 25-27, 2016, Siem Reap, Cambodia 14

15 I. Information Thepublichasaccessto information early in the process. The EIA Act very broadly defines public as one or more natural or legal persons, associations, organisations or other groups; in aword: anybody. So anybody can submit comments during the three stages of public participation in an EIA procedure. The legal consequence of submitting acomment is that the person, association, organisation or group becomes what the EIA Act calls the public concerned. April 25-27, 2016, Siem Reap, Cambodia 15

16 II. Participation in decision making The public concerned is then invited to take part in the second pillar of public participation the decision-making process. The public concerned may actively participate in the preparation and authorisation of the proposed project throughout the EIA procedure up until the authority issues the (non-binding) final statement. As the final statement is not an official decision there is no remedy against the statement. European Commission: final EIA decission in the case of building is building permit Consequently, the public concerned may actively take part as aparty to the proceeding in any permitting procedure where afinal decision on the authorisation of aproject istaken. April 25-27, 2016, Siem Reap, Cambodia 16

17 III. Access tojustice Once the competent permitting authority has decided to grant or refuse apermit, the public concerned has the right to access to justice. One of the main tools for the public concerned at this stage is the appeal against the permitting decision. The public concerned may challenge the EIA procedure in the administrative appeal. Any deficiencies during the EIA process (which often takes place years before the permitting process) can thus be raised in the appeal. The court will review the decision only considering the compliance with the procedural rules, not the substantive matters assessed in the EIA or the subsequent permitting procedure. April 25-27, 2016, Siem Reap, Cambodia 17

18 3. Guidelines Guidance on Public Participation under the Espoo Convention Maastricht Recommendation on Promoting Effective Public Participation in Decision making in Environmental Matters April 25-27, 2016, Siem Reap, Cambodia 18

19 Public Consultation The essence of public consultation is the communication of a genuine invitation to give advice and a consideration of that advice. To achieve consultation, the consulting party must supply sufficient information to the consulted party to enable it to tender helpful advice. Sufficient time must be given : does not mean ample, but at least enough to enable the relevant purpose to be fulfilled. The consulted party in this context is competent and environmental authorities, non-governmental organizations (NGOs), local community groups, individuals, etc. All EU countries have elements in their national EIA procedures, which permit public participation April 25-27, 2016, Siem Reap, Cambodia 19

20 Methods used for effective public information, distribution of the EIA documentation and receipt of comments development of web sites/web pages with EIA information with proposals on public participation and used for receipt of comments dissemination of EIA information and receipt of responses from public by notification of stakeholders in the region likely to be effected(owners, the public, NGOs) and national and international NGOs by post with request to answer a questionnaire organizing points of contact with the public in and around the site of the proposed activity and its possible effects organizing public hearings and public meetings with representatives of proponent and authorities and preparing reports of such meetings publishing and disseminating booklets and other materials with EIA info with request to answer a questionnaire advertisements in local, regional and national newspapers, TV and radio, posters in and around the site with request for public response. April 25-27, 2016, Siem Reap, Cambodia 20

21 Practical information for organizing effective public participation the name and address of the proponent; the name and address of the competent authority that will make the decision on proposed activity; location of the proposed activity; an address where the EIA documents relating to the proposed activity may be inspected, and the latest date on which they are available for inspection; whether copies of the EIA documentation, including the nontechnical summary, are available; the address to which comment or objections about the proposed activity and/or EIA documentation should be made and the final date for such comments. April 25-27, 2016, Siem Reap, Cambodia 21

22 To maximize the time available, and to ensure an effective EIA procedure, the following preliminary measures or activities may be useful: to recommend to potential proponents of projects with possible effects to include in the budgets of these projects adequate resources for financing measures aimed at public participation in EIA; to understand which NGOs and groups of the public may be interested in and have relevant skills for participation in transboundaryeia; to establish contacts (by , fax, telephone and so on) with these NGOs and groups of the public. April 25-27, 2016, Siem Reap, Cambodia 22

23 Recommendations on increasing effectiveness of publicparticipation Preliminary work with potential participants The principles of good administration require that applications are dealt with efficiently and that decisions are taken as quickly as possible. Usually there are time constraints within which a decision is expected to be taken. Consequently the procedures EIA and public participation will also have limited time scales. April 25-27, 2016, Siem Reap, Cambodia 23

24 Final decision and results of public participation To ensure that, in the final decision on the proposed activity, due account is taken of: the outcome of the EIA, including the EIA documentation, the comments thereon received in consultation with ministries and organisations, the outcome of the public consultations. April 25-27, 2016, Siem Reap, Cambodia 24

25 Maastricht Recommendations on Public Participation in Decision-making Terms from Convention on Access to Information, Public participation in Decission making and Acess to Justice in Environmental Matters (Arhus Convention) Public authorities:persons or bodies, other than the competent authority to take decission, to which some tasks related to a public participation procedure are delegated April 25-27, 2016, Siem Reap, Cambodia 25

26 Terms The public includes: Naturalandlegal person, their associations or groups in acordance with national legislation. Good practice: every person principle The public concerned: non-governmental organisations promoting environmental protection and meeting any requirements in the national law April 25-27, 2016, Siem Reap, Cambodia 26

27 Designing public participation procedure Procedure shouldbedesignedin sucha waythatboth public authorities and public know precisely: what decissions are to be taken, at whichstage, thelegal effectsofthosedecissions, who is responsible to take it. April 25-27, 2016, Siem Reap, Cambodia 27

28 Sugestion Ensure that the framework for public participation is: TRANSPARENT, CLEAR, CONSISTENT. The following may be clearly specified though national law: 1. What constitutes having an interest in environemntal decission making 2. The requirements, if any, which NGOs promoting environmental protection must meet in order to be deemed to have an interest. 3. What constitutes a sufficient interest should be determined Aim : Giving the public concerned wide access to justice April 25-27, 2016, Siem Reap, Cambodia 28

29 4. INSTITUTIONAL ORGANISATION Each Party shall require the competent public authorities to give the public concerned : access for examination, upon request where so required under national law, free of charge and as soon as it becomes available, to all information relevant to the decision-making that is available at the time of the public participation procedure, without prejudice to the right of Parties to refuse to disclose certain information in accordance with article In EU : Environmental Authorities April 25-27, 2016, Siem Reap, Cambodia 29

30 Institutional Arrangements Arrangements are to be made by public authorities to 1. enable the public affected and environmental nongovernmental organisations to comment on proposals for projects affecting the environment, these comments to be taken into due account in decision-making, and information to be provided on the final decisions and the reasons for it ("public participation in environmental decision-making"); 2. the right to review procedures to challenge public decisions that have been made without respecting the two aforementioned rights or environmental law in general ("access to justice"). April 25-27, 2016, Siem Reap, Cambodia 30

31 5. PRACTICES AND EXAMPLES EIA PROCESS INFORMATION STAKEHOLDERS EXAMPLES, CASES April 25-27, 2016, Siem Reap, Cambodia 31

32 EIA AND PUBLIC EIA Screening decission EIA Scoping Acessto justice Information Consultation on scoping report EIA Report Final decission Public participation Consultation on EIA report Acessto justice April 25-27, 2016, Siem Reap, Cambodia 32

33 EIA PROCESS TherearethreeoccasionsinthecourseoftheEIAprocedure where the public can actively participate by submitting statements: early in the process, after the project developer has submitted its preliminary environmental study, after the authority has issued the scoping decision and after the environmental report has been published. April 25-27, 2016, Siem Reap, Cambodia 33

34 Information good practice case by case informing the public about the start of the EIA procedure; advertisements in local, regional and national newspapers; informing the public by post, TV and radio; posters along the project route/ locality; organizing public hearings and meetings with the proponent; publishing and dissemination booklets with EIA information; organizing points of contact with the public along the route/in the area of project location April 25-27, 2016, Siem Reap, Cambodia 34

35 Public participation Should be seen as a prerequisite of effective action and Opportunity for real influence Not merely as a formal procedural requirement Shoul be incorporated into the decission making Active public participation should be stimulated and encouraged The procedure should be open enought to consider new options identified as a result of public participation April 25-27, 2016, Siem Reap, Cambodia 35

36 Timeframes for each stage(reasonable prediction) How the public will be informed about any future steps in the procedure The roles of the different bodies involved in the decission making, including who is responsible for the various tasks and stages of the public participation procedure and their contact details The costs How to appeal or contest a decission, including final decission April 25-27, 2016, Siem Reap, Cambodia 36

37 Tehnical icssues Free acess to information: no fees or charges for the public seeking to participate Could be costs for copying: If there are any cost for copying the full EIA documentation, they should be known in advance Cse by case: situation dependent and adapted to meet the particular context, e.g., specific cultural needs and be flexible to changes that occour during the procedure. April 25-27, 2016, Siem Reap, Cambodia 37

38 Good practice Predict/plan the procedure Monitor theprocedure andevaluatehowwellit is working. Public authorities may as part of design process established criteria to assist in monitoring and evaluating the proceedure Evaluation may be available to the public Adress deficiencies in procedure and revise or adapt the procedure, including the choice of tools, techniques and personnel April 25-27, 2016, Siem Reap, Cambodia 38

39 Anger or frustration by certain members of public concerned? Not thereasonto do awaywithparticipation Mybeindicationthattheformat ofthepublic participation procedure is not meeting its purpose and myneedto berevisedandimproved Adressing negativness in an early stage Reduce the likelihood that members of the public concernedwillseekto contestthedecissionlasteron. If the public participation will repeat or change, the public shouldbedulynotified. April 25-27, 2016, Siem Reap, Cambodia 39

40 April 25-27, 2016, Siem Reap, Cambodia 40

41 Good practice : Evaluation of public participation After the decission making process is conducted, evaluate the public participation procedure overall to identify what might be done to ensure more effective public participation in the future. Evaluation parts: effectivness of the procedure facilitating the engagement of the public April 25-27, 2016, Siem Reap, Cambodia 41

42 PUBLIC PARTICIPATION PRIVAT OR PUBLIC AnnexII PROJECTS Consultation with ministries and organisation SCREENING DECISSION Available to the public April 25-27, 2016, Siem Reap, Cambodia 42

43 ANNEX 1 DRAFT PROJECT ENVIRONMENTAL REPORT Aims Indicators Scoping report CONSULTATION Ministries and Public participation organisation ENVIRONMENTAL CONSENT FINAL DECISSION Public Participation in the Mekong region, Third meeting of the Regional Technical Working group on EIA, April 25-27, 2016, Siem Reap, Cambodia 43

44 Good practice tools For activities of high potential environmental significance or affectinga largenumberofpeople, more elaborate procedures: written comments, public inquiries or hearings, more formal formalevidence public debate or meetings, less formal, possibility with facilitated group processes April 25-27, 2016, Siem Reap, Cambodia 44

45 Case example 1: Public participation in hydropower plant project in Slovenia Publishing: newspapers, TV, film Public hearings in each local community, 30 days for comments Answerspreparedforeachofthecomment Consultations with public concerned groups: Farmers and their assotiation on road crossing field Ownersofthehousesnextto theriver, possibleeffectedby underground water, discussion on measures taken to minimise effects Ownersofthehousesnextto anotherriver, whichwillbe protected against the flood, but did not like design of protection April 25-27, 2016, Siem Reap, Cambodia 45

46 Figure: Illustrative location map for national plans for hydropower use in Brežice, 13 km from the border between Slovenia and Croatia, and Mokrice, ca. 0.5 km from the border, and existing hydropower chain on the Sava River April 25-27, 2016, Siem Reap, Cambodia 46

47 Possible cross-border impacts on Natura 2000 sites in the Republic of Croatia, Nature conservation NGO

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49 Case example 2: Public participation in stadium in the city Publishing: newspapers Publishingon webpage Answersforeachofthecomment Specificconsultationon noise, presentationofmeasures, project location slighly changed Specific consultation on lightning: technical measures Public presentations, exhibition, design competition tender with steakholders involved at the very early stage April 25-27, 2016, Siem Reap, Cambodia 49

50 April 25-27, 2016, Siem Reap, Cambodia 50

51 Case example 3: Public participation in nuclear storage facilities Publishing : newspapers, Public hearings in each local community 3 years project working with local community, already in location phase, alternatives, small groups, focus discussion, Answers for each of the comment Consultations with public concerned groups, involved in the process April 25-27, 2016, Siem Reap, Cambodia 51

52 Case example 4 Central EIA portal in Slovenia PUBLIC ANNAUNCEMENT Legal base and Information for public: - The developer/ proponent - The reasons for EIA - The EIA process - The main possible effects - The EIA report - Invitation to the public participation - Place of venue, place where documentation could be read in advance: administrative unites, municipalities, Environemntal Agency, - Time when documentation is available for comments - Invitation also to public concern : inhabitants in the effected area, the land owners, other property owners, NGO April 25-27, 2016, Siem Reap, Cambodia 52

53 Conclussion Public participation enhances the quality and the effective implementation of decission concerning the environment Opportunityforpublicto expressitsviewsshould be effective and organised Publicauthoritieshave to take dueaccountofthoseviewsin the decission Enhance the accountability and transparency of environmental decission-making and may strengthen public support for the decission taken It contributes to greater awareness of env. Issues among the public and public authorities It contribute to the high level EIA quality April 25-27, 2016, Siem Reap, Cambodia 53

54 More information and links Court of Justice where you can search for recent EIA case-law: rg/environmental-policy/conventions/publicparticipation/aarhus-convention/tfwg/envppppdm/ppdmrecs.html Public Participation in the Mekong region, Third meeting of the Regional Technical Working group on EIA, April 25-27, 2016, Siem Reap, Cambodia 54

55 Thank you for your attention! April 25-27, 2016, Siem Reap, Cambodia 55