EIA Report Eview Decision2023

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Different names for the same

document

 Environmental Impact Assessment report (EIA


report)

 Environmental Impact Statement (EIS)

 Environmental Statement (ES)

 Environmental Assessment Report (EA report)

 Environmental Effects Statement (EES)

Report preparation is a key technical stage of


the EA process.

The EA report represents an important basis fo


discussing the acceptability of proposed
projects. Furthermore, it helps to identif
possible amendments and mitigation measure

Topic 8 Slide 1
The EIA report is a statement that
assists:

 the proponent to plan and design;

 the responsible authority to decide

 the public to understand

Topic 8 Slide 2
A successful EIA report will be:

 actionable – by the proponent

a document that can be applied by the


proponent to achieve environmentally
sound planning and design

 decision-relevant – to the responsible


authority

a document that organises and presents


the information necessary for project
authorisation and, if applicable, permitting
and licensing

 user-friendly – for the public

a document that communicates the


technical issues to all parties in a clear and
comprehensible way.

Topic 8 Slide 3
Main elements of an EA report

 executive summary

 need for and aims of the proposal

 description of proposal and alternatives

 Applicable laws/ regulations/ policies

 description of affected environment and


community [ baseline conditions]

 public consultation and views

 main impacts and their mitigation

 evaluation of significant residual impacts

 environmental management plan

 Annexures

Topic 8 Slide 4
Preparing an executive summary

 target to audience

 keep it short

 make it clear and consistent

 avoid jargon

 summarise key findings

Topic 8 Slide 5
An executive summary should
outline:

 the proposal and its setting

 terms of reference of the EIA

 results of public consultation

 alternatives considered

 major impacts and their significance

 mitigation and management measures

 any other critical matters.

Topic 8 Slide 6
EIA Report — description of the
proposal includes:

 main elements, phases and alternatives

 requirementsfor materials, water,


energy, equipment

 operational processes and products

 summaryof technical, economic and


environmental features

 comparison of options (e.g. size,


location, etc.)

Topic 8 Slide 7
LEGAL AND REGULATORY FRAMEWORK

Some Key national policies/acts/ guidelines

 National Conservation Strategy, 1992

 National Environnemental Policy, 2005

 National Climate Change Policy 2021

 Pakistan Labour Policy, 2010

 Punjab Environmental Protection Act, 1997 (Amended, 2012)

 Provincial environmental protection Acts


– Punjab Environmental Protection Act 2012,
– Sindh Environmental Protection Act 2014,
– KP Environmental Protection Act 2014,
– Balochistan Environmental Protection Act 2012
 Pakistan Environmental Protection Agency (Pak-EPA) Review of
IEE and EIA Regulations, 2000

 PEPA Guidelines for Public Consultation, 1997

 National Environmental Quality Standards (NEQS)

 Provincial Environmental Quality Standards (PEQs) Punjab (PEQs


2016)

 National Water Policy 2018

 Pakistan Penal Code, 1860

Topic 8 Slide 8
 Land Acquisition Act, 1894

 Provincial Amendments Rules (Punjab Land Acquisition


Rules 1983 , KP Land Acquisition Rules, 2020, Bills (Land
Acquisition (Sindh Amendment) Bill 2009, and Khyber
Pakhtunkhwa Land Acquisition (Amendment) Bill 2020,
and Act (Land Acquisition (Balochistan Amendment Act
1985)

 Cutting of Trees Act, 1975

 National Forestry Policy 2015

 Forest act 1927, Punjab Forests (Amendment) Ordinance


2016

 The Factories Act, 1934,

 Provincial Factories Acts(Punjab Factories Rule 1978, Sindh


Factories Act 2015, Khyber Pakhtunkhwa Act 2013,
Baluchistan Factories Act, 2021)

 Pakistan Labor Policy 2010

 Provincial (Khyber Pakhtunkhwa, Labor Policy 2018, Punja


Labor Policy 2018, and Sindh Labor Policy 2018)

 Punjab Irrigation and Drainage Authority Act, 1997

 Canal and Drainage Act, 1873

Topic 8 Slide 9
 Sindh Resettlement and Rehabilitation (R&R) Policy 2023

 Punjab Wildlife Act, 1974

 Pakistan Antiquities Act 1975 & Punjab Antiquities


Amendment Act 2012

 The Punjab Occupational Health and Safety Act 2019

 Sindh OSH 2017, KPK OSHA 2022, Balochistan OSHA 2022).


The Protection against Harassment of Women at the
Workplace Act, 2010

 Labor Laws and Health and Safety Legislations

 Guideline for Solid Waste Management, 2005

 OHS Act 2018

 provincial OSHA :The Punjab OSHA 2019, Sindh OSH 2017,


KPK OSHA 2022, Balochistan OSHA 2022

 National Energy Efficiency and Conservation Policy 2022

 Alternative and Renewable Energy Policy 2019, National


Energy Efficiency and Conservation Act 2016

Topic 8 Slide 10
 The Punjab Water Act 2019, The Khyber
Pakhtunkhwa Water Act 2020, and Sindh Water
Management (Amendment) Act 2018

 Telegraph Act 1885 (Amended 1997)

 Hazardous Substances Rules Punjab (2018), Sindh


(2014), Baluchistan (2020)

 International treaties and conventions

 Others (relevant to the nature of projects eg The


Mines Act, 1923)

Topic 8 Slide 11
EIA Report - description of the
affected environment includes:

 spatial and temporal boundaries

 baselineconditions – biophysical, land


use, socio-economic

 key trends and anticipated conditions

 relationship to other policies, plans and


proposals.

Topic 8 Slide 12
EIA Report – results of public
consultation includes:

 identification
of interested and
affected stakeholders

 method(s) used to inform and


involve them

 analysisof views and concerns


expressed

 how these were taken into


account

 issues remaining to be resolved

Topic 8 Slide 13
EIA Report - evaluating impacts for
each alternative

 prediction of each major impact

 proposed mitigation measures

 significance of the residual


impact

 limitations,
uncertainty and gaps
in knowledge

Topic 8 Slide 14
EIA Report - comparative
evaluation of alternatives

 adverse and beneficial impacts

 effectiveness of mitigation
measure

 distribution of benefits and costs

 opportunities for enhancement

 reasons for preferred alternative

Topic 8 Slide 15
An Environmental Management
Plan contains:

 proposed mitigation measures

 schedule for implementation

 surveillance
and monitoring
programmes

 impact management strategy

 reporting,
audit and review
procedure

 any institution and capacity


building requirements

Topic 8 Slide 16
Pakistani guidelines for preparing
environmental reports of specific
sectors

 These include guidelines for preparing environment


assessment reports of the projects pertaining to the
following eight sectors
(http://www.environment.gov.pk/info.htm):

 - Housing estates and new towns development

 - Oil and gas exploration and production

 - Major chemical and manufacturing plants

 - Major thermal power stations

 - Major sewerage schemes

 - Major roads

 - Industrial estates

 - Wind power projects

Topic 8 Slide 17
Some common shortcomings of
EIA reports

 objective of proposal described


too narrowly

 description
does not cover
complete activity

 alternatives
do not account for the
environment

 key problems not described

 sensitive
elements in environment
overlooked

 relevantstandards and legislation


not described

Topic 8 Slide 18
Some common shortcomings of
EIA reports (continued):

 best alternative not described


(or insufficiently described)

 seriousimpacts not mentioned


or not correctly described

 outdated or ineffective
prediction models used

 impactsnot compared with


standards or targets

 appropriatemitigation measures
not considered

 incorrect conclusions drawn

Topic 8 Slide 19
EIA REVIEW

 The review of the quality of an EIA report is one of


the main ‘checks and balances’ built into the EIA
process.

 It helps to ensure the information submitted is


credible and sufficient for decision-making purposes

 the quality of EIA reports can be significantly


improved by review, resulting in more informed
approvals and better environmental outcomes

Topic 8 Slide 20
EIA REVIEW

Key objectives of EIA review are to:

 assess the adequacy and quality of an EIA


report;

 take account of public comment;

 determine if the information is sufficient for


a final decision to be made; and

 identify, as necessary, the deficiencies that


must be addressed before the report can
be submitted.

In many EIA systems, the review stage is the


major opportunity for public involvement.

Topic 8 Slide 21
Adequacy and quality of an EIA
report

A comprehensive review of the adequacy


and quality of an EIA report would address
many or all of the following issues:
 Does the report address the Terms of Reference?
 Is the necessary information provided for each major
component of the EIA report?
 Is the information correct and technically sound?
 Have the views and concerns of affected and
interested parties been taken into account?
 Is the statement of the key findings complete and
satisfactory, e.g. for significant impacts, proposed
mitigation measures, etc.?
 Is the information clearly presented and
understandable by decision makers and the public?
 Is the information relevant and sufficient for the
purpose of decision making and condition setting? The
response to the last question is the most significant
aspect for review conclusions, and will largely
determine whether or not an EIA can be submitted as
is or with minor revisions

Topic 8 Slide 22
Specific procedures for EIA review
that are in place in different
countries

 internal review – undertaken by the


responsible authority or other
government agency, with or without
formal guidelines and procedure; and

 external review – undertaken by an


independent body, separate from
and/or outside government agencies,
with an open and transparent
procedure for public comment

Topic 8 Slide 23
Internal review

In many cases, internal review is informal and


characterised by:

 relatively low operating costs;

 discretionary guidance on the conduct of


review;

 lack of transparency on process and factors


considered; and

 absence of documentation on outcomes


and results, e.g. advice tendered to
decision-makers.

Topic 8 Slide 24
External review

External review procedures are more


formal and characterised by:
 higher levels of quality assurance;
 independence from the responsible
authority (to varying degrees);
 transparent and rigorous process;
 use of guidelines and/or review criteria
and methodology;
 documented outcome or statement on
the sufficiency or deficiency of an EIA
report; and
 separate commission, panel, inter-
agency or expert committee or other
review body.

Topic 8 Slide 25
Main Steps in the EIA Review

 Set the scale/depth of the review;


Two questions should be addressed at the start of a
review:

 How much time is available to carry out the


review?

 Are the necessary resources available for this


purpose?

The answers to these questions will depend


mainly on the provision made for review
within the EIA system and the Terms of
Reference. The nature of the proposal will
determine the speed and intensity of the
review. More controversial projects, or those
with more significant effects, typically
require more detailed review.

Topic 8 Slide 26
 Select reviewer(s);
The environmental issues and the technical aspects
of the proposal will determine the expertise
required by a review team or individual. For
example, the review of an EIA report for a proposal
for a solid waste disposal site might include a landfill
engineer, a hydro-geologist and an environmental
remediation specialist. Depending on the scale of
review, administrative support and technical
backup may be necessary
use input from public involvement;
The input from the public has proved to be
important in checking and evaluating the quality
of the EIA report; for example, with regard to the
description of the affected environment and
community, the attribution of significance of
residual impacts, the effectiveness of mitigation
measures and the selection of an alternative.
Input may come from
 a public hearing, or
 from written comments submitted to the
proponent or government department

Topic 8 Slide 27
Identifying the review criteria

 A systematic review will be based on specified


criteria. These criteria can be identified by
reference to the following questions:
 Are terms of reference or other guidelines
available for the review?
 Are any reviews of EIA reports of comparable
proposals in similar settings available?
 Which generic review criteria may be useful?
Generic criteria that may help to carry out an EIA
review include:
legal EIA requirements (if any);
relevant environmental standards,
guidelines or criteria;
principles of EIA good practice; and
knowledge of the project and its typical
impacts and their mitigation
When is a comprehensive review appropriate?

Topic 8 Slide 28
Carrying out the review

The review can be carried out in three steps:

 Step 1: identifies the deficiencies in the EIA report,


using the Terms of Reference, relevant guidelines
and criteria and information from any comparable
EIA reports and their reviews.
 Step 2: focuses on any shortcomings in the EIA
report and separate crucial deficiencies, which
may directly impede decision-making, from less
important ones. If no serious omissions are found,
this should be stated clearly. Remarks about less
important deficiencies can be placed in an
appendix.
 Step 3: recommends how, and when, any serious
shortcomings are to be remedied to facilitate
informed decision-making and appropriate
measures for project implementation.

Topic 8 Slide 29
EIA Evaluation Process in Practice by Federal and Provincial
EPA
Topic 8 Slide 30
The Review process
flowchart

Topic 8 Slide 31
Criteria for evaluating EIA reports ( Pak-EPA)
(see guidelines for preparation & review)

Quick checklist

Topic 8 Slide 33
REVIEW OF IEEAND EIA REGULATIONS, 2000
GOVERNMENT OF PAKISTAN

FILING & REVIEW of REPORTS


Summary of Review guidelines:

 The proponent shall pay, at the time of submission of an


IEE or EIA, a non-refundable review fee to the Federal
Agency, in accordance with rates specified

 Filing of IEE an d EIA.-

1.Ten paper copies and two electronic copies of an IEE or


EIA shall be filed with the Federal Agency.

2.Every IEE and EIA shall be accompanied by –

(a)an application, in the form set out in Schedule IV; and

(b)copy of receipt showing payment of the review fee.

3. Preliminary scrutiny(1)Within 10 working days of filing of


the IEE or EIA, the Federal Agency shall –(a)confirm that the
IEE or EIA is complete for purposes of initiationof the review
process;

(b)require the proponent to submit such additional


information as maybe specified; or(c)return the IEE or EIA to
the proponent for revision, clearly listing the points requiring
further study and discussion

Topic 8 Slide 34
 Public participation,-Public hearing notice in any
English or Urdu national newspaper, mentioning
therein the type of project, its exact location, the
name and address of the proponent and the place
ins at which the EIA of the project can, be accessed

 Review

The Federal Agency shall make every effort to carry


out its review of the IEE within 45 days, and of the EIA
within 90 days

In reviewing the IEE or EIA, the Federal Agency shall


consult such Committee of Experts as may be
constituted for the purpose

 Decision

On completion of the review, the decision of the


Federal Agency shall be communicated to the
proponent in the prescribed form

 Conditions of approval

 Confirmation of compliance

 Deemed approval

The four-month period for communication of decision


stipulated in sub-section (4) of section 12 shall
commence from the date of filing of an IEESlide
Topic 8
or35EIA
 Similar provision of

DRAFT THE PUNJAB ENVIRONMENTAL


PROTECTION AGENCY (REVIEW OF IEEAND
EIA) REGULATIONS, 2016

 Go through Regulations

Topic 8 Slide 36
DECISION-MAKING

 The process of choosing between


alternative courses of action.

 It involves weighing the benefits and costs


and making trade-offs among a range of
considerations.

 Often, the views of interested parties are


represented directly and decisions are
made through an incremental process of
negotiation, bargaining and compromise.

 For major proposals, a number of formal


instruments can be used to develop the
information necessary for sound decision-
making.

Topic 8 Slide 37
Though frequently ‘the decision’ in EIA is
portrayed as occurring between the EIA
review and post decision making stages, in
reality it consists of many implicit and
explicit decision moments that cover the
entire process.
 Decision making is inherent in and frequently
required throughout the EA process.

 Decisions must be made relating to project


scope, approval, implementation, evaluation
and follow up, among others.

 EIA is a specific ‘systematic decision support


process’

Topic 8 Slide 38
Six criteria for an effective decision
making process

An effective decision making process:

Focuses on what is important


Is logical and consistent
Acknowledges both subjective and
objective factors and blends analytical and
intuitive thinking
Requires only as much information and
analysis as is necessary to resolve the
particular dilemma
Encourages and guides the gathering of
relevant information and informed opinion
Is straightforward, reliable, easy to use,
and flexible

Topic 8 Slide 39
Decision making is a continuous process
comprising

 Interim decisions at each stage of EIA

 Final approval of a proposal

 Enforcement of conditions attached to


approvals

The information provided by EIA is based on


technical analysis and public involvement’

 It is synthesis of facts & values

 How these components are reconciled and


documented in EIA report can have an
important bearing on potential contribution it
makes to decision making

Topic 8 Slide 40
EIA as part of the Decision-making
Process

The factors that will be important in the final approval of a


proposal include:
findings of significant impact contained in the EIA
report;
inputs from economic and social appraisals; and
other external pressures or political inputs to
decision-making.

EIA is undertaken together with economic appraisal,


engineering feasibility and other studies

The environmental consequences must be balanced agains


economic, social and other considerations
These tradeoffs make crux of decision making

Topic 8 Slide 41
Information considered important for decision-makers

Decision-making stage Important information

Adapted from OECD/DAC (1994)

Background Project background and the most important environmental issues involved

Policy Context Basic development issue or problem being addressed (e.g. flooding,
water shortage, etc)

The relationship to environmental policies and plans

Alternatives to the proposal (including the best practicable


Alternatives
environmental option (BPEO) or equivalent designation)

Public involvement Key public views

Concerns of affected communities

Areas of agreement and disagreement

Impact analysis Costs and benefits

Distribution of gains and losses

Mitigation and
Adequacy of proposed measures
monitoring
Conclusion and
main economic benefits, significant environmental effects and
recommendations
proposed mitigation measures

The extent to which the proposal conforms to the principles of


sustainable development

Design and operational changes to improve the environmental


acceptability of the project

Topic 8 Slide 42
There can be a number of different
outcomes from decision-making:

 the proposal can be approved;

 the proposal can be approved with


conditions;

 the proposal can be placed on hold


pending further investigation;

 the proposal can be returned for


revision and resubmission; and

 the proposal can be rejected outright.

Topic 8 Slide 43
Extra slide

EIA is part of a larger process of decision-making to


approve major proposals. The resulting decision is based
on information from a number of different sources. In th
context of decision making, a large number of trade-
offs are normally made
Examples/Chain of decisions culminating in a final
approval of the proposal include

Topic 8 Slide 44

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