Salus populi suprema lex . Marcus Tullius Cicero

Propositions of EACLA to the Law draft “On environmental impact assessment”
Saturday, 12 May 2012 10:10

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The Ministry of Environment and Natural Resources of Ukraine published for public discussion a Law draft “On environmental impact assessment” (the law draft) on April 12, 2012.

The question of public participation in environmental impact assessment (EIA) requires a strict legal regulation.

The Ministry’s activity on working out the law draft, which in general will create preconditions for the practical implementation of the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters & the Convention on environmental impact assessment in transboundary context, is very important and positively assessed.

However, Expert Advisory Centre "Legal Analytics" (the EACLA) submitted propositions on the need for revision of certain provisions to the law draft to the Ministry of Environment and Natural Resources of Ukraine, because of existing shortcomings in the draft.

The EACLA pointed on some significant controversial provisions of the law draft. For example, the law draft proposes to cancel the Law of Ukraine “On Environmental Expertise”, – this decision seems to be illogical, since the Law "On Environmental Expertise" and the law draft regulate different relationship. Thus, in accordance with Article 7 of the Law of Ukraine "On Environmental Expertise" law drafts and other regulations, documentation on the implementation of new techniques, technologies, materials, substances, products, genetically modified organisms that might lead to violations of environmental regulations, the negative impact on the environment are named among the objects of Environmental Expertise . Environmental Expertise of these objects is not foreseen by the commented law draft and therefore remain unregulated by canceling the Law "On Environmetal Expertise".

The EACLA also proposed to clarify the meaning of the term climate”, as very often it is interpreted as microclimate (changing of weather conditions on specific territory), and the influence of the projected activity on global climate change, connected with anthropogenic greenhouse gas emissions is not included into EIA process by the law draft. That’s why the EACLA offered to clarify that climate within the meaning of this law draft includes these two meaning – microclimate and global climate, that should be assessed within EIA.

In addition, recommendations and propositions of the EACLA were connected with necessity of clear formulation of articles, terminology, terms and procedure of public discussions, including clear defining of starting point for term calculation, as it is not always defined in the law draft, and others

Ukrainian version of the recommendations and propositions of the EACLA can be found here....