environmental assessment: principle, process and...

Environmental Assessment: Principle, Process and Practice

Capacity Building for BiodiversityApril 8-10, 2005

Godavari, Kathmandu

Batu Krishna UpretyEnvironment Officer

Environmental Assessment Section, Environment DivisionMinistry of Forests and Soil Conservation

April 9, 2005

Realisation of Environmental Conservation

Background

� Development induced environmental problems

� Effect on human beings and life forms due to pressure

on natural resources and pollution

� Sectoral approach on development – activity of one

sector and impact on another sector

� International initiatives – major conferences on the

environment

� UN conference on Human Environment in 1972

� UN conference on Environment and Development in 1992

� Millennium Summit in 2000

� UN conference on Sustainable Development in 2002

Development of EA Process� Realisation of the need for developing a tool to avoid or

mitigate environmental impacts – usage of EA

What is environmental assessment?

� To identify, predict and evaluate the significance of environmental impact

� Optimise beneficial impacts and avoid and/or mitigate adverse impacts

� Inform stakeholders about the causes and consequences of the development project on the environment

� Determine whether project should be implemented or not on environmental ground including cost required for impacts avoidance and minimisation

Development of EA Process …

At the global level

� National Environmental Policy Act (1970) of USA –

provisions for EIA study before the project

implementation

� Decisions of various international conferences and

meetings about the ramification of EA usage

� UNEP-GC decision on Natural Resources Shared by two

or more countries (1978)

� World Conservation Strategy, 1980

� UNGA's World Charter for Nature (1982)

� WCED (Our Common Future), 1987


At the global level

� UNEP-GC decision on principles of EIA (17 June 1987)

� Caring for the Earth (A Strategy for Sustainable Living) -

IUCN/UNEP/WWF, 1991

� Rio Declaration, Agenda 21 and Non-legally binding

Authoritative Principles on Forests, 1992

� Johannesburg Plan of Implementation, 2002

� Convention on EIA in a Transboundary Context, 1991

� Biodiversity and Ramsar Conventions

EA at the international level

� 1970s – the decade of initiation

� 1980s – the decade of internalisation

� 1990s – the decade of implementation

� 2000s – emphasis on Strategic EA

Nepal’s Environmental Problems

Alternative Energy

Food Security

Glacial Lake Outburst and Flood Events

Groundwater DepletionAir Pollution

Noise PollutionForest FireWater Pollution

Transboundary Movement

of Wastes

Haphazard urbanisationSolid Waste

Management

Decreasing Biomass

Energy

DesertificationLand Degradation

Waning FisheriesDwindling BiodiversityForest Depletion

Less Urgent but Still

Significant (4)

Moderately Urgent

(8)

Most Urgent

(5)

Source: MOPE/UNEP, 2001

Climate change: Tso Rolpa Glacier Lake

Extent of Land Degradation

0.4 % Very Poor 1.5% Poor 11.7% Fair

Extent of Land Degradation


In Nepal

� Realisation of the environmental problems in 1970s

� Inclusion of EIA provisions in national level policies

since 1980s onward – Sixth Plan (1980-’85), Seventh

Plan (1985-’90), policy of the Interim Government

(1990-’92), Eighth Plan (1992-’97), Ninth Plan (1997-

2002), and Tenth Plan (2002-’07)

� EIA required for major development projects in Sixth

and Seventh Plans - conduct EIA of projects that

significantly affect the environment

� Eighth plan emphasizes to expand usage of EIA

� Emphasis on participatory EIA in the Ninth Plan


In Nepal

� Emphasis on environmental monitoring and SEA in the Tenth Plan

� EIA provisions in the sectoral policies – Industrial Enterprises Policy (1992), Tourism Policy (1996), Solid Waste Management Policy (1996), Water Resources Policy (2001), Irrigation Policy (2003), Infrastructure (Built, Operate and Transfer) Policy (2002), National Wetland Policy (2003), Sustainable Development Agenda for Nepal (2003) etc.

� Emphasis on EIA in the Water Resources Strategy (2002) and Nepal Biodiversity Strategy (2002)

� Approval and implementation of national and sectoral EIA guidelines


Legal Provisions� Emphasis on species conservation in legislations

enforced before 1990� Inclusion of provisions for pollution control in new and

amended legislations after 1990� Elaborated provisions on EIA in Environment Protection

Act (1996) and Environment Protection Regulation (1997)

� Provisions for environmental impact studies in Forest Act, Electricity Act and Water Resources Act

Guidelines� Implementation of National EIA Guidelines, 1993� EIA Guidelines for Forestry Sector, 1995� EIA Guidelines for Industry Sector, 1995� Other EIA guidelines drafted but not approved by HMG


Institutional Development� Environmental Impact Study Project, 1982� Geo-Environmental Unit in the Department of Roads, 1988� Environment Division, National Planning Commission

Secretariat, 1988 (not now) � Environment Division, Ministry of Forests and Soil

Conservation (in 1991 and 1992) and 2000 (only Environment Section from 1993 to 2000)

� Ministry of Forests and Environment, 1992 (for one year)� Ministry of Population and Environment, 1995 (now

renamed as Ministry of Environment, Science and Technology, March 2005)

� Environment Section in the Ministry of Local Development, and Ministry of Industry, Commerce and Supplies

� Environmental aspects also addressed in other institutions, particularly through their planning divisions or sections


Other Institutions

� Policy-making and implementation agencies – ministries

� Advisory bodies – Parliamentary Committee on the

Environment, Environment Protection Council, National

Planning Commission, National Council on Sustainable

Development, Water and Energy Commission etc.

� Local bodies – District Development Committees, Village

Development Committees, and Municipalities

� Non-governmental organizations – international NGOs and

national NGOs, community-based organizations (CBOs)

� Academic institutions – EIA courses in the Kathmandu

University, Tribhuban University, Pokhara University and

affiliated institution


In a nutshell, about biodiversity and EIA

� 1970s – decade of programme implementation on

biodiversity conservation

� 1980s – expansion of biodiversity conservation

activities and initiation of EIA through national policies

� 1990s – decade of new policies and legal measures

for the involvement of local communities on

biodiversity, and internationalization on EIA matters

through legislation

� 2000s - expansion of biodiversity conservation

activities with people’s participation, ramification of the

use of EIA, and effort to integrate biodiversity

conservation into environmental assessment

Concerns about EA

EA considered as� Expensive study� Time consuming for study and delays in project

implementation� Too complex study� Study does not produce useful results� Prohibits development� Can not afford for study due to poverty

Benefits of EA� Impacts of the project known in advance� Sustainable benefits obtained by avoiding or mitigating

adverse environmental impacts� Alternatives could be selected as adverse impacts are

known in advance, and cost effective mitigation measures could be adopted etc.

Some Principles of EA

• States should not undertake or authorize activities

without prior consideration of their environmental effects

• Criteria and procedures for EIA should be defined

clearly by legislation or regulation

• Relevant significant environmental issues should be

identified in advance

• Environmental effects should be assessed in detail

• EA should ensure public consultation and participation

of affected communities

• Executive summary should be non-technical

• Information contained in EIA report should be examined

by impartially prior to the decision

Some Principles of EA …

• All decisions should be in writing with provisions for

preventing, reducing and mitigating the damages to the

environment

• Decision should be subject to appropriate supervision

• States should endeavor for notification and exchange of

information beyond the national jurisdiction

• Appropriate measures should be established to ensure

implementation of EIA procedures and its report etc.

In Nepal

• Projects requiring IEE or EIA are included in the

schedules of the Environment Protection Rules, 1997

• Screening criteria follow the threshold, investment,

sensitive area, and general criteria

Types of Environmental Assessment

Proposal

Proposals

exempted

from EA

Level of EA

Not Clear

IEE

EIA, SeEA,

BIA, HIA,

CEA, SEA,

SIA etc.

Environmental Clearance for

implementing Proposal

Proposal

Implementation

IEE and EIA -

Project level studyNepal has recognized IEE or EIA

Project concept

Pre-feasibility

Feasibility

Engineering Design

Construction

M/E at operational stage

Detailed assessment of significant impacts, identification of mitigation needs, input to cost/benefit analysis

Inclusion of EPMs into

design

Implementation of EPMs

Environmental Auditing

Site selection, environmental screening, initial assessment, scoping of significant issues

Monitoring and Evaluation

Study

Design

Implem-

entation

Environmental Assessment in the Project Cycle

IEE

EIA

The Process of EA Study

1. Screening - to know whether EA required or not, and if required what level of assessment required – use Schedules 1 and 2 of EPR, 1997

2. Consideration of alternatives - alternatives for the project e.g., run-of-the river vs. reservoir project, road vs. cable car in forests

3. Environmental Scoping – to know scope of work, and carried out to identify priority issues to be considered during EA study

4. Preparation of Terms of Reference - include priority issues as identified in scoping exercise, use Schedules 3 and 4 of EPR (1997) for IEE and EIA respectively

5. After approval of Scoping Document and TOR (approval of TOR by Concerned Body, and approval of SD and TOR by MOPE) - proceed for IEE or EIA study

Steps …

6. Preparation of the EA Report

– Describe salient features of proposal, objectives of

IEE/EIA, methodology and limitation of the study

– Review policies, laws, guidelines and institutions -

link existing provisions with project activities

– Describe environmental baseline - collect baseline

information on physical, biological, socio-economic

and cultural aspects using scientific and socio-

economic methods, analyse data and information

– Analyse alternatives – list environmental impacts

(beneficial and adverse) of each alternative – (i)

“without” project; (ii) “with project”; and (iii) multiple

alternatives “within” project

Steps …

6.Preparation of the EA Report ..

(i) identify impacts (impacts related to site-clearance or impacts confirmed) - use methods such as checklists, matrix, network, overlays/GIS, calyx expert system or expert judgement

(ii) predict impacts using extrapolative (scenario or trend analysis), normative (fix some criteria or norms) methods, mathematical models, statistical models, computer models etc.

(iii) evaluate impacts based on national policies, laws, local customs, standards, species protection list, use of numerical values, consultation with experts and stakeholders, Delphi method etc.

Three key words – identification, prediction and evaluation

Steps …

6. Preparation of the EA Report ..

(iv) categorise impacts - direct or indirect, beneficial or

adverse, and reversible and irreversible, know magnitude,

extent & duration of impacts

(v) develop criteria for impacts significance

• Select environmental protection measures (EPMs) -

benefit augmentation measures, and adverse impact

mitigation measures

• Prepare environmental management plan (EMP) including

implementation plan for EPMs, and environmental

monitoring for different stages and environmental auditing

for post-construction stage

• Calculate environmental benefits and costsThree key words – avoidance, minimization and compensation

Steps …• Organise public consultation programmes and ensure people’s participation - release draft IEE or EIA report with public notice

Report Finalisation, Submission and Approval

(i) Finalise IEE/EIA report by including comments and

suggestions received from public notice and other actions

(ii) Send final IEE/EIA report to concerned VDC or

municipality, and request for recommendation letter(s)

(iii) Collect recommendation letter(s) and attach in IEE/EIA

report

(iv) Submit final IEE report to Concerned Body for approval

(v) Submit EIA report to MOPE through Concerned Body

Steps …

• Report review and decision-making - IEE report and its

TOR to be approved by concerned body, and EIA report

and its Scoping Document and TOR by MOPE

– Review IEE report (and its TOR) in department

– Forward with comments and suggestions to ministry

– Review by Desk Officer and process for decision within

21 days upon its receipt

– Implement proposal only after approval of IEE report

– Review EIA report (and its SD & TOR) in department

– Forward with comments and suggestions to ministry

– Review by Desk Officer and process for decision on

comments and suggestions

Steps …

Report review and decision-making ..

� Send EIA report with comments and suggestions to

MOPE

� Review by Desk Officer at MOPE (environment ministry)

� Review of legal documents, and publish one-month public

notice (by MOPE) in national daily newspaper

� Review by EIA Report Review Committee, if formed by

MOPE

� Approve EIA report by MOPE within 60 days or not

exceeding 90 days

� No time limit for approval of scoping document and TOR

Time Taken for Approval of SD of

Forestry Projects

0

100

200

300

400

500

600

Gan

apat

i RT

Kongd

e VRH

Farak

pa V

RH

San J

adib

uti

Mac

hhap

uchh

re H

Him

al R

T

Bhadr

akali

RT

Bagala

mukh

i RT

Swas

tic R

T

Natur

al F

low

er

Name of Proposal

Number of Days

Disapproved Rs. 50,000/ fined

-100

0

100

200

300

400

500

600

700

800

Min

imum

Maxim

um

Min

imum

Maxim

um

Min

imum

Maxim

um

Min

imum

Maxim

um

SD TOR EIA Submission

Gap for

EIA Report

Industry Project

Road Project

Hydroelectric Project

Transmission Line

ProjectDrinking Water

Project

Days

Practice� EA in Nepal started in 1982 through institutional

development but its usage ramified after enforcement of

EPA (1996) and EPR (1997)

� After law enforcement, about 40 EIA reports of forests,

hydroelectricity generation and transmission line, roads,

landfill sites etc. approved, and over 100 IEE reports

approved

� Increasing practice of report copying and ethical issue

� Necessary to know who should prepare EA report, how

to review and timely decision

� Need for using technical comments and suggestions on

technical matters

At the End,

EA contributes to:

� Make development project environment-friendly and sustainable

� Avoid, minimize and/or compensate environmental impacts and depletion of natural resources

o < 5% of total project cost required for study and implementation of EMP or depends upon project size

o Legal compliance on approval required

Options open for environmental management through EA

Common,

desirable

Rare,

undesirable

Avoidance

Minimisation

Compensation

Site, technology

Actions

Used as last resort

to offset loss

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