Environmental impact assessment (EIA) is a procedure before the beginning of the proposed economic activity, which involves the preparation of a report on environmental impact assessment by economic entities, state authorities and local governments, public discussion, analysis of information provided in the report and provision of a conclusion on the assessment of the environmental impact of the competent authority.
Planned economic activity – construction, reconstruction, technical re-equipment, expansion, re-profiling, liquidation (disassembly) of objects and other interference in the natural environment. Impact on the environment – any possible consequences of the planned activity, namely: consequences related to human life, flora, fauna, biodiversity, soil, air, water, nature reserves, historical monuments, natural landscapes, objects of cultural heritage and socio-economic conditions that arose as a result of changes in the natural environment.
In order to take into account all possible aspects of the environmental impact, the Law of Ukraine “On Environmental Impact Assessment” came into force on 18.12.2017, based on Directive 2001/42 of the EU “On the Assessment of the Impact of Individual Plans and Programs on the Environment”, which Ukraine undertakes It was intended to be implemented in accordance with the Association Agreement with the EU. Adoption of the law was also required in accordance with the Protocol on the Accession of Ukraine to the Treaty “On the Establishment of the Energy Community”. The environmental impact assessment is carried out in compliance with the requirements of the environmental protection legislation, taking into account the state of the environment in the place where the planned activity is planned, environmental risks and forecasts, prospects for the socio-economic development of the region, capacity and types of cumulative impact (direct and indirect) on the environment, including taking into account the impact of existing facilities, planned activities.
Without an assessment of the environmental impact and obtaining a decision on the implementation of the planned activity it is prohibited to conduct planned economic activity, an operation of facilities, interference with the natural environment and landscapes. Article 3, Clause 4 of the Law of Ukraine “On Environmental Impact Assessment”.
Transitional Provisions of the Law:
- In the event that an entity has concluded an environmental review before the law is put into effect, such a conclusion will remain in force and have the status of a conclusion on the assessment of the environmental impact
- In the case when the business has received a decision on the commencement of activities, environmental impact assessment is not required.
The procedure for assessing environmental impacts consists of the following stages:
- determination of the necessity of conducting an EIA;
- sending a notice of planned activities;
- preparation of a report on the EIA (in accordance with Article 5, 6, 14 of this Law);• public discussion of the report on the EIA (in accordance with Article 7.8.14 of this Law);
- obtaining a conclusion on the assessment of the environmental impact (in accordance with Article 9, paragraph 3 of this Law)
- obtaining a decision on the implementation of the planned activity, taking into account the conclusion on the assessment of the environmental impact;
- post-project monitoring.
Determination of the necessity of conducting an EIA
If an entity has decided to engage in certain economic activities and has not yet received relevant documents, it should review the article 3 of the Law of Ukraine “On Environmental Impact Assessment” and determine whether such activity requires an EIA procedure. Types of activities that require EIA are divided into two categories: “first” and “second”.
For convenience, we provide a list of activities that require EIA.
Sending a message about the planned activity
After the entity has determined the necessity of conducting an EIA procedure, it should send a notice to the territorial / central body on planned activities, which will outline the characteristics of the planned activity, the socio-economic impact, the scope, sources and types of possible environmental impacts, belonging to the category, level of detail of information, etc.
Preparing an EIA report
AI report is a document that defines the nature, intensity, degree of danger of any impact of the activity on the state of the environment and the health of the population.
The EIA report includes:
- technical characteristics of planned activities;
- conclusions of the study of the place of proceedings, taking into account the city-planning documentation;
- description of justifiable alternatives;
- research and description of the current state of the environment;
- research and detailing of environmental impacts;
- description of the impact on the landscape;
- description of socio-economic risks;
- identification of monitoring and recording of impacts;
- proposals for measures aimed at preventing negative effects;
- description of the expected negative impact;
- summary of the monitoring program;
- observations and suggestions of the public received.
The business entity submits a statement of the beginning of the public discussion to the authorized territorial/central body.
The implementation of the EIA report preparation is intense and responsible work that should be entrusted to experienced organizations.
The public discussion of the EIA report is carried out by the authorized territorial/central body in the form of public hearings and in the form of obtaining written comments and proposals. Such a discussion lasts from 25 to 35 business days, the time is determined depending on the category of planned activity and the trans boundary impact of such activity. The announcement of the start of public discussion should be made public on the official web site of the authorized territorial/central authority.
The conclusion of the EIA
The authorized territorial/central authority issues an opinion of the EIA in which it determines the admissibility or substantiates the inadmissibility of the planned activity and determines the conditions for its conduct. The descriptive part of the conclusion on environmental impact assessment provides information on:
the procedure of environmental impact assessment; taking into account the report on the environmental impact assessment; Considered and dismissed comments and suggestions received during the public discussion.
The conclusion is issued taking into account certain provisions:
- the magnitude of the scale of influence (area and population);
- the nature of the influence (mediated, cumulative, trans boundary, permanent, temporary, etc.);
- anticipated measures aimed at preventing, reducing, eliminating environmental impacts.
Ensure the full compliance with the environmental conditions foreseen in the opinion on the environmental impact assessment, the decision on the implementation of the planned activities and projects for the construction, expansion, re-profiling, liquidation (dismantling) of objects, other interventions in the natural environment and landscapes, including the extraction of minerals, the use of man-made mineral deposits, as well as changes in this activity or extension of the terms of its proceedings, as stipulated in Art. 3 of the Law of Ukraine “On Environmental Impact Assessment”. The conclusion is binding.
It is extremely important for the EIA procedure to identify all possible impacts and their consequences for the environment, to develop measures for their reduction and prevention, to protect the subject from possible adverse actions of the controlling bodies, penalties and negative public opinion in the implementation of the planned activities.
Involvement of a business entity in the complex implementation of the procedure for assessing the environmental impact of our project organization will facilitate the adoption of environmentally sound management decisions that will allow positively to undergo the procedure of the ATS and will benefit the company and the environment.