requirement in eia law on environment protection … in eia law on environment protection 2014...

Requirement in EIA Law on Environment Protection 2014

Presented by Dung Pham Anh Deputy Director, Department of EIA&A

Main contents

1. Organization of MONRE 2. Legal framework on EIA 3. Ninh Thuan Nuclear Power Projects

MONRE

Office of

the

Admin

Dep. of

planning

Dep. of

Finance

Dep of

Pesonel

Ogniz.

Dep of

Inter.

Cooper.

Dep of

Science

Techno

Dep of

Meteo

rolog

Hydrol

ogy

General

Dept. of

Envi

General

Dept of

Sea and

Island

General

Dept. of

Land

Maneg.

General

Dept. of

Geology &

Mineral

resource

Agency for

Water

Resource

Manage.

And more

Dept of

EIA &

A

Dept of

…

Legal Framework

1. Law on Environmental Protection (1993) - LEP 1993: EIA requirement for Investment projects 2. Law on Environmental Protection 2005 - LEP 2005: SEA for Strategy, Plan and Planning (SPP) EIA for Investment projects 3. Law on Environmental Protection 2014 - LEP 2014: SEA for Strategy, Plan and Planning (SPP) EIA for Investment projects Decree 18/2015/ND-CP dated February 25, 2014 and Circular 27/2015/TT-BTNMT dated April , 18, 2014

Legal Framework - EIA

1. Objects subject to EIA

a/ Projects falling under the competence of the National

Assembly, Government to decide on investment

policy;

b/ Projects using land of nature reserves, national parks,

historical and cultural relic sites, world heritages,

biosphere reserves or beautiful landscapes which have

been ranked;

c/ Projects likely to exert adverse environmental

impacts.

The Government promulgate a list of projects that carry

out EIA (Decree 18/2015/ND-CP)


2. Who carry out EIA

- Owners of projects shall conduct EIA or hire

consultancy organizations to do so.

- EIA shall be conducted in the stage of project

preparation.

- Results of EIA shall be expressed in the form of EIA

report.

- Expenses for the review and appraisal of EIA reports

shall be paid from by investment capital sources by

project owners.


3. Re-carry out EIA

A project owner shall re-carry out an EIA report in the

following cases:

a/ It fails to implement the project within 24 months

after the EIA report is approved;

b/ It changes the location of project implementation

planned in the approved EIA report;

c/ It increases the scale or capacity or changes

technologies of the project, causing greater adverse

EIA as than planned in the approved EIA report.


4. Consultation in the course of EIA process

- Consultation in EIA process aims to finalize EIA

reports, minimize adverse impacts on the

environment and human beings and ensure

sustainable development of projects.

- Project owners shall consult agencies, organizations

and communities that are directly impacted by

projects.


- Projects do not required consultation are:

+ Projects conformable with the planning of

concentrated production, business or service zones

which have had their EIA reports approved for the

stage of infrastructure construction investment;

+ Projects on the list of state secrets.


5. Principal contents of an EIA report

+ Origin of the project, project owner; method of EIA.

+ Assessment of selected technologies, work items and

activities of the project which may exert adverse

impacts on the environment.

+ Assessment of the status of the natural environment

and socio-economic conditions of the locality in

which the project is to be implemented.

+ Assessment and forecast impacts of the project on the

environment and community health.


+ Assessment and forecast of and determination of

measures to manage risks of the project to the

environment and community health.

+ Waste treatment solutions.

+ Measures to mitigate impacts on the environment and

community health.

+ Consultation results.

+ Environmental management and surveillance program.

(More detail on Cicular 27/2014/TT-BTNMT)


6. Competence to appraise EIA reports

Decentralization on Appraise EIA reports

- The MONRE appraise projects falling under the

competence of the National Assembly, Government or

Prime Minister to decide on investment policy; inter-

provincial.

- Ministries appraise EIA reports for projects falling

under their investment deciding and approving

competence.

- Provincial People’s Committees appraise EIA reports

for investment projects in their localities


7. Appraisal of EIA reports

- EIA reports appraised by councils.

- In case of necessity, appraising agencies shall organize

field surveys and collect criticisms of agencies,

organizations and experts for the appraisal of EIA

reports.

- MONRE have to appraise EIA reports during 45 days

- Line ministry have to appraise EIA reports during 30

days

- There are at lest 7 member on council (27/2015/TT-

BTNMT)


8. Approval of EIA reports

- Appraise agencies approval of EIA reports within 20 days

after receiving modified an EIA report.

- Decisions on approval of EIA reports serve as a basis for

competent authorities to:

a/ Decide on investment in projects;

b/ Grant or modify licenses for mineral exploration projects;

c/ Approve exploration and field development plans for oil

and gas exploration and exploitation projects;

d/ Grant or modify construction permits for projects having

construction work items subject to construction licensing;

Organization of EIA appraisal at Provincial Level

People

Committee of

Province/ City

DONRE

Environmental

Management

Division

Reviewing

Committee at

the provincial

level

Related

Departments/

Agencies

Representatives of

local peoples

Environmental

Experts


9. Responsibilities of project owners before their projects

are commissioned

- To implement environmental protection measures under

decisions on approval of environmental impact

assessment reports.

- To report to agencies that have approved EIA reports on

results of construction of environmental protection

facilities to serve the commission of large projects (List

of the projects)

16

Location:

Ninh Thuan 1: Phuoc Dinh commune, Thuan Nam

district, Ninh Thuan province, 25km to Phan Rang –

Thap Cham city

Ninh Thuan 2: Thai An commune, Thuan Nam district,

Ninh Thuan province, 20km to north of Phan Rang –

Thap Cham city.

Scale: capacity of each plant is about 4000MW,

consisting of two phases, with 2 units x1000 MW for

each phase

Technology : Advanced light water reactor technology

Fuel : Imported

Connect to national grid: by the power transmission

line 500kV

Cooling water: seawater

General information about Ninh Thuan 1 &2 NPP project

17

Investigation activities in Ninh Thuan 1 site

18

Investigation activities in Ninh Thuan 2 site

Guidelines document

● Technical Guidelines on carry out EIA for nuclear

power plan

Support from JICA 2012

● Technical Guidelines on review EIA report

Support from JICA 2013

- Request: Technical Guidelines on radioactivity waste

treatment/store

requirement in eia law on environment protection … in eia law on environment protection 2014...

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