MANUAL FOR ENVIRONMENTAL IMPACT ASSESSMENT IN LITHUANIA

Transcription

1 MANUAL FOR ENVIRONMENTAL IMPACT ASSESSMENT IN LITHUANIA Ministry of the Environment of the Republic of Lithuania Finnish Environment Institute Based on Lithuanian EIA legislation in force on 1 January

2 Contents 1. General introduction The Environmental Impact Assessment procedures Screening Scoping / program preparation EIA study and the EIA report preparation Baseline environmental information Impact prediction, analysis, and determination of significance Mitigation The EIA report review procedures EIA quality control (reviewing) Decision-making Monitoring Public participation Consideration of alternatives Frequently asked questions about environmental impact assessment Annex Law on Environmental Impact Assessment of the Proposed Economic Activity Methodological Guidelines on the Screening of Proposed Economic Activity Regulations on Preparation of the Environmental Impact Assessment Program and Report The Order of Informing the Public and Public Participation in the Process of Environmental Impact Assessment Guidelines on the Quality Control of the Environmental Impact Assessment of the Proposed Economic Activity The Order of Investigating the Environmental Impact Assessment Documents at the Ministry of the Environment and Subordinate Institutions

3 1. General introduction This manual shortly describes the main stages of an effective EIA system and compares those with relevant Lithuanian EIA procedures. It aims at giving guidance to the EIA parties as well as to the participants of the planning and project preparation process. It might also be valuable to anyone interested in general EIA practices ing or preventing adverse impacts. The term "environment", used in the very definition of EIA might be interpreted differently in various countries. The Environmental Protection Law of the Republic of Lithuania defines the environment as "the whole of mutually related elements functioning in nature (the earth's surface and under- The main objectives of EIA to assess potential environmental effects of a project and ensure that environmental matters are taken into account before development consent is given to provide information on the project for all EIA participants to optimize project design and planning by identifying those aspects of location, chosen technical solutions, construction and operation that may cause adverse environmental effects to identify and evaluate viable alternatives of the project, enabling to choose the most attractive one determine if the proposed economic activity by virtue of its nature and environmental impacts, may be carried out in the chosen site to devise measures for avoiding, minimizing, remediating or compensating negative impacts or Lithuanian EIA procedures. Environmental Impact Assessment (EIA) is a process that predicts, examines and evaluates potential environmental impacts of a project and ensures that the decision makers are provided with information about negative environmental effects which are likely to arise from development actions and know the public opinion before giving a development consent. EIA procedures should be integrated into the general process of planning and project preparation, when there still is room for improving the project by mitigatground, air, water, soil, flora, fauna, organic and inorganic material, anthropogenic components), as well as the natural and anthropogenic systems uniting them". It is very important to realize that EIA does not deal merely with impacts on the natural environment but also evaluates potential effects on the manmade environment, including human health, security, social, cultural and economical welfare. In Lithuania, Environmental Impact Assessment is performed in accordance with the following legal acts: Law on Environmental Impact Assessment of the Proposed Economic Activity of the Republic of Lithuania, adopted , Nr.VIII-1636, Þin., 1996, Nr ; 1997, Nr , 2000, Nr , (see the Annex); Governmental Resolution of , No. 900 on Empowering the Ministry of Environment and Subordinate Institutions, Þin., 2000, Nr ; Order of the Minister of the Environment of the Republic of Lithuania of , No. 263 on the Approval of the Methodological Guidelines on the Screening of Proposed Economic Activity, Þin., 2000, Nr , (see the Annex); Order of the Minister of the Environment of the Republic of Lithuania of , No. 262 on the Approval of the Regulations on Preparation of the Environmental Impact Assessment Program Participants of the EIA process (in accordance with Lithuanian legislation) the organiser (developer) of the proposed economic activity (as well as consultants and experts representing the proponent) competent authority (Ministry of the Environment or other empowered institution) relevant parties of the environmental impact assessment: governmental institutions, responsible for health protection, fire-prevention, protection of cultural assets, development of economy and agriculture, and municipal administrations the public (e.g. inhabitants of the area in question, non-governmental organizations) 3

4 Relevant environmental components: Physical environment (adapted from DoE) Atmosphere, climate air quality, temperature, rainfall, wind, etc. Water resources water quality and quantity Soil and geology erosion, contamination, etc. Flora and fauna aquatic and terrestrial vegetation; birds, mammals, fish, etc. Human beings physical and mental health and well-being Landscape landscape characteristics Cultural heritage protected areas; built heritage; historic and archaeological sites Energy light, noise, vibration, etc. Socio - economic environment Economic base Demography Housing Local services Socio-cultural and Report, Þin., 2000, Nr (see the Annex); Order of the Minister of the Environment of the Republic of Lithuania of , No. 277 on the Approval of the Order of Informing the Public and Public Participation in the Process of Environmental Impact Assessment, Þin., 2000, Nr , (see the Annex); Order of the Minister of the Environment of the Republic of Lithuania of , No. 305 on the Approval of the Guidelines on the Quality Control of the Environmental Impact Assessment of the Proposed Economic Activity, Þin., 2000, Nr (see the Annex); Order of the Minister of the Environment of the Republic of Lithuania of , No. 333 on the Approval of the Order of Investigating the Environmental Impact Assessment Documents at the Ministry of Environment and Subordinate Institutions, Þin., 2000, Nr (see the Annex). Although the EIA systems differ greatly from country to country (e.g. in some EIA systems an additional phase of post-project monitoring and auditing is required, also public participation might be performed in different stages, etc.), the general process can be outlined as a number of steps: 2. The EIA procedures It should be clearly noted that EIA should be a cyclical activity, with feedback and interactions between the various stages. The following chapters provide a concise step-by-step overview of these stages, comparing each step with labor market characteristics, labor supply and demand, etc. population structure and trends supply and demand supply and demand of services: health education, police, etc. quality of life, social problems; community stress and conflicts The main aims of the screening procedure the Lithuanian EIA procedures Screening EIA should be performed only for activities that have the potential for significantly affecting the environment due to the nature, size or proposed location. Screening procedure is applied in order to determine if environmental impact assessment is obligatory and ensure that that the projects with little or no impacts are screened out and are allowed to enter the normal planning permission/administrative stages without additional assessment. Two main approaches for achieving this objective may be identified: (1) compilation of to determine if environmental impact assessment is obligatory for a particular proposed economic activity to ensure that the environmental protection issues are considered in the earliest stage of the planning of the economic activity thus enabling provisions for integrated impact prevention and avoidance measures instead of technical negative impact abating solutions 4

5 Public participation The EIA process Initial information Screening (determining if EIA is required) Scoping (deciding on the coverage of EIA and program preparation) EIA study and preparation of the EIA report Description of the project and environment Impact prediction and description Impact significance Mitigation measures Reviewing EIA report Decision making Impact mitigation screening lists and criteria/thresholds; (2) establishment of a procedure for preliminary assessment. The first approach is based on attributing a particular project to one of the categories, defined in the legally binding screening lists. Up to three different lists might be used: list of projects clearly requiring EIA (the so-called "positive" list); list of projects not requiring EIA(the so-called "negative" list); and a list of projects for which the need for EIA is unclear and additional thresholds/criteria should be used. The second approach is based on a study that is less detailed than EIA and is performed for every type of proposed activity. The outcome of a such a study should provide sufficient evidence for determining whether a full EIA is needed. Preliminary assessment is the most sophisticated form of screening that, however, requires most time and resources. In practice, most EIA systems adopt a hybrid approach involving lists, thresholds, screening criteria and the use of preliminary assessment. For example, only two screening lists might be compiled, or preliminary assessment might be required only for projects, included in a specific list with thresholds. In Lithuania, a hybrid approach of two project lists and screening thresholds/criteria is used. Both project lists are included in the Law on Environmental Impact Assessment of the Proposed Economic Activity in the form of Annexes: 1) List of the Types of Proposed Economic Activities that Shall Be Subject to the Environmental Impact Assessment (Annex 1 of the Law); 2) List of the Types of Proposed Economic Activities that Shall Be Subject to the Screening for Obligatory Environmental Impact Assessment (Annex 2 of the Law). Provisions of the Lithuanian Law on EIA also entitle the participants of EIA to require, and the competent authority, taking into account the nature, size or proposed location of the economic activity - to decide that screening for obligatory environmental impact assessment shall be performed also for the proposed activity not included in the abovementioned Lists. The first List comprises the types of projects for which the Environmental Impact Assessment is compulsory. There might be two cases: 1) there is no threshold level set for the project type (e.g. nuclear power stations and other nuclear reactors including decommissioning of such power stations or reactors). In such cases EIA is obligatory regardless of the project size or production output; 2) there is a threshold level set for the project type (e.g. thermal power stations and other combustion installations, including industrial installations for producing electricity, heat, steam or hot water with an output of 300 MW or more). If this level is exceeded, EIA must be performed without further screening considerations. The second list includes the types of projects that are subject to the case by case screening procedure based on the screening criteria. Similarly to the first list, 5

6 there might be two possibilities: 1) there is no threshold level set for the project type ( e.g. installations for the manufacture of glass or glass fibre). In such cases screening is performed regardless of the project size or production output; 2) there is a certain threshold set for the project type ( e.g. thermal power stations and other combustion installations, including industrial installations for producing electricity, heat, steam or hot water with an output of less than 300 MW, but more than 20 MW). As illustrated by the example, threshold intervals are defined only for the project types that are also included in the first, obligatory list, but the project size or production output is lower than the threshold in the obligatory list. Hence if the project size or production output is within the threshold interval screening for obligatory EIA shall be performed. Screening is a rather complicated procedure which involves not only the competent authority and the organiser (developer) of the proposed activity (or the preparer of EIA documents), but also the public. Since it is impossible to judge about the impact significance from the mere project size or production outputs, the competent authority (Ministry of the Environment or other empowered institution) needs comprehensive information both on the proposed activity and the chosen land site in order to make a justified screening decision. The Law on Environmental Impact Assessment provides the screening information requirements. First of all, the organizer (developer) of the proposed activity or the preparer of the EIA documents shall provide information on the following topics: characteristics of the chosen site, and characteristics of the proposed economic Additional screening information Justified request to reconsider the screening conclusion (10 w.d.) The screening procedures Organizer (developer) of the proposed economic activity or the preparer of EIA documents Screening information Competent authority Screening conclusion (final conclusion) if EIA is obligatory (20 w.d.) activity (size, technological process, usage of raw materials, natural resources and dangerous substances, production, usage and processing of waste and other substances, pollution and nuisances, potential interaction with other economic activities, probability and prevention of accidents). This information shall be provided by the organizer (developer) of the proposed activity or the preparer of the EIA documents in accordance with Annex 1 of Methodological Guidelines on the Screening of Proposed Economic Activity, prepared and approved by the Ministry of Environment. If needed, the competent authority may request from the organiser (developer) of the proposed economic activity or the preparer of EIA documents to provide additional information that is required for the screening. After receiving and examining the abovementioned information, competent authority performs screening in accordance with Annex 2 of Methodological Guidelines on the Screening of Proposed Economic Activity and within 20 working days in written form informs the organiser (developer) of the proposed economic activity or the preparer of EIA documents about the screening conclusion. When performing the screening procedure, competent authority shall also take into account the following: 1) the environmental sensitivity of area likely to be affected by the proposed economic activity, taking into account the features of ecosystem, landscape, the existing land use, infrastructure, density of the industrial objects, relative abundance, quality and regenerative capacity of natural resources in the area, the resistance capacity of the natural environment, paying particular attention to the protected areas, densely populated areas, wetlands, protection zones, forests, and areas in which the envi- EIA parties Organizer (developer) of the proposed economic activity or the preparer of EIA documents Information about the screening conclusion / final conclusion The public Justified proposals of the public to reconsider the screening conclusion (10 w.d.) 6

7 ronmental quality standards have already been exceeded or that are of historical, cultural or archaeological value; 2) characteristics of the potential impact, having regard in particular to the transboundary nature of the impact, complexity of the impact, the probability of the impact, the duration, frequency and reversibility of the impact, and the extent of the impact (geographical area and size of the affected population). After receiving the screening conclusion (or information about the obligation to perform environmental impact assessment if the activity is included in Annex 1 of the Law on EIA) the organiser (developer) of the proposed economic activity shall inform the public in accordance with the Order of Informing the Public and Public Participation in the Process of Environmental Impact Assessment. Within 10 days since the screening conclusion is published both the public and the organiser (developer) of the proposed economic activity have the right to present justified requests or proposals to the competent authority to reconsider the screening conclusion. In such exceptional cases the competent authority invites the relevant parties of environmental impact assessment to participate in preparation of the final conclusion regarding the obligatory environmental impact assessment Scoping / program preparation Scoping is the identification of environmental impacts that are most likely to be significant and therefore require investigation during the possible EIA study. Scoping is designed to identify the main issues and those issues perceived as being of importance in the eyes of the participants of the EIA process (including the public). During this stage the environmental impacts of the proposed project are determined, viable alternatives are defined, and the mitigation measures that will be analyzed in the EIA study are elucidated. Additionally, scoping should specify the impact prediction and assessment methods, set realistic boundaries for the assessment and specify key environmental criteria to be addressed. By determining the scope systematically, the assessment of the project and its alternatives can be focused on the important environmental issues and risks, taking into account local features and areas of particular importance. Also, a well-defined scope would reduce overall assessment costs. As already mentioned, public participation in scoping is especially important. Through public participation it is possible to consider the values and viewpoints of the inhabitants. Public involvement in determining the scope of assessments is useful especially for controversial activities. Scoping may identify problems or conflicts, which can be alleviated or solved while the proposed project is still being developed. In short, an open process while determining the scope of an EIA is also a crucial first step towards building mutual confidence in fair and effective environmental impact assessment and problem-solving, and ultimately in a fair decision-making process. In Lithuania, the scope of Environmental Impact Assessment is established during preparation and ratification of the EIA program. The EIA program is prepared by the organiser (developer) of the proposed economic activity or the preparer of EIA documents in accordance with the Law on EIA and the Ministerial Order on Regulations on Preparation of the Environmental Impact Assessment Program and Report. In order to facilitate preparation of the program, Annex of these Regulations defines the structure and contents of the program - it shall include information that later in the report The main aims of scoping (EIA program preparation) to determine the contents of the environmental impact assessment report (hereafter called "report"), its scope and the topics that shall be investigated in it to ensure that only significant environmental impacts will be extensively investigated in the report and that the report will include all information that is required to make a justified decision if the proposed economic activity by virtue of its nature and environmental impacts, may be carried out in the chosen site to provide incentives for considering negative environmental impact prevention and mitigation measures and alternatives in the early stage of the planning of the economic activity to plan the methods that will be used to predict of environmental impacts of the proposed economic activity, to determine their significance and for their assessment to facilitate further procedures of project preparation and planning that shall be performed by the organiser (developer) of the proposed economic activity and to ensure that the relevant parties of the environmental impact assessment can participate in the process and provide their conclusions in proper time 7

8 will fully characterise the proposed economic activity and its potential environmental impacts (see Annex 1). However, each EIA case is unique and it is very important to realise that the Annex to the Regulations is merely a recommendational guide and the program should not be confined to the topics provided in the Annex. It is also crucial to perceive the program not as a mere content table of the report. It is not sufficient to list the relevant topics of the "Regulations"; information is available during this EIA stage must be provided (minimum required information that shall be provided in the EIA report is regulated by the Law on EIA). The Law on Environmental Impact Assessment of the Proposed Economic Activity defines not only the minimum scope of the program, but also the procedures of its ratification. Firstly, a prepared program is submitted to the relevant parties of environmental impact assessment; they examine the program and within 10 working days provide conclusions to the organiser (developer) of the proposed economic activity or the preparer of EIA documents. The relevant parties of environmental impact assessment have right to require for amendment or corrections of the program if the topics within the scope of their competence are not investigated sufficiently. Conclusions regarding the amended EIA program shall be then provided by the relevant parties of EIA within 5 working days. It should be noted that the Law on EIA does not regulate the sequence of neither providing the EIA program ratification procedures Organizer (developer) of the proposed economic activity or the preparer of EIA documents Justified requirements for amendment or Amended program Prepared program corrections of the program Relevant EIA parties Conclusions of the EIA parties (10 / 5 w.d.) Organizer (developer) of the proposed economic activity or the preparer of EIA documents Program and conclusions of all relevant EIA parties Competent authority Ratified program (10 w.d.) Organizer (developer) of the proposed economic activity or the preparer of EIA documents EIA program to the relevant parties nor issuing their conclusions. After receiving the conclusions from all relevant parties of EIA, the organiser (developer) of the proposed economic activity or the preparer of EIA documents submits them together with the program to the competent authority, which examines the program and conclusions of relevant parties, and ratifies the program within 10 working days. The organiser (developer) of the proposed economic activity or the preparer of EIA documents can then start preparing the EIA report according to the ratified program EIA study and the EIA report preparation The EIA study is the systematic, reproducible and interdisciplinary prediction, identification, and evaluation of impacts of a proposed development. Information that is generated during the study is presented in the EIA report. This phase of the EIA focuses on several main tasks; each of those is shortly overviewed below: baseline environmental information; further work on impact identification, refining the understanding of the nature of impacts, extensive analysis of the impacts to determine their magnitude, extent and effect; judgement of the significance of the impacts and the needs for mitigation measures Baseline environmental information Baseline information characterizes the conditions at the time the project is proposed and provides a reference for all assessments as well as for the comparison of alternatives and mitigation measures. It is used as a starting point in the prediction of likely impacts resulting from the project and of naturally-occurring change 8

9 in the environment. Baseline information should be determined and obtained considering local and scientific knowledge on the area including socio-economic issues. Both qualitative (e.g. aesthetic and historical values) and quantitative (e.g. pollution levels, noise level) information should be compiled. Baseline information can be usually found in documents, maps and databases, but sometimes additional field studies and interviews with local communities are necessary Impact prediction, analysis, and determination of significance The Law on EIA of the Republic of Lithuania defines environmental impact as "anticipated change in the environment caused by the proposed economic activity". These changes can be direct, indirect or cumulative and can be found at different ecological (species to ecosystem) and social (individual to community) levels, can vary over space and time, and can be either positive or negative. Direct impacts refer to changes in environmental components that result from direct cause-effect consequences of interactions between the environment and project activities. Indirect impacts result from cause-effect consequences of interactions between the environment and direct impacts. Assessing the interactions between impacts and the numerous components of the environment is a multidisciplinary issue. Cumulative impacts refer to the accumulation of changes to the environment caused by human activities (e.g. past, existing and proposed activities, including activities associated with the project under assessment). These changes occur over space and time and can be brought about by environmental effects that are additive or interactive. It is important to describe and analyze the accumulation of change to the environment due to project-related impacts, even though the projects may be small and their impacts minor. Cumulative impacts might be caused not only by the proposed activity in question, but also by activities resulting from several developments occurring at the same time or sequentially (e.g. harbor development, increasing sea traffic), or by activities resulting from many different developments over extended time periods and space (e.g. harbor development, increasing sea traffic, expanding storage facilities). Therefore, spatial and temporal boundaries of the assessment of cumulative impacts should be established, and the activities (past, existing and proposed activities, including those associated with the present project under assessment) that will be addressed in the assessment should be identified. In this stage of the EIA, issues identified through scoping are analyzed and expected impacts are defined. This analysis should: (a) identify the types of impact (socioeconomic, biological, physicochemical, cultural); (b) predict the magnitude, the probability of occurrence, and the extent of the impact; (c) determine the significance of the impact. Over time, a broad variety of EIA methodologies ranging from simple qualitative to sophisticated three-dimensional mathematical models have been developed for identification of impacts and comparison of the alternatives. Four main groups of methodologies can be identified: (1) checklists, (2) matrices, (3) networks, (4) overlay maps. Various computerbased mathematical models, methods of statistical and economical analysis are used more and more often. Additional field studies or laboratory methods might be required as well. Checklists are one of the most popular impact identification techniques. Although they are mostly used during the screening and scoping stages (especially for comparison of the alternatives), some types of more sophisticated checklists can be used for deeper impact analysis as well. Unfortunately, checklists are not effective in identifying impacts of the higher order or interrelationships between impacts. Matrices are most commonly used to identify the interactions between project activities and environmental characteristics, and to compare different alternatives. The main idea of an interaction matrix is to split the proposed development into different project activities or topics by filling e.g., the left hand column, and providing the environmental characteristics along the top of the table. Then, according to the chosen comparative system, values are assigned for interaction between each activity and environmental characteristic in the cell that is common to both in the grid. This general approach has been widely adapted and used to develop other matrices - for example, employing contemporary methods of the matrix algebra. Such matrices allow to assess both direct and higher order impacts. So-called magnitude matrices are also often used in EIA. They go beyond mere identification of impacts by assigning them values according to their magnitude, importance and/or time-frame. Employment of such matrices is probably the most illustrative way of comparison of various alternatives. Impact networks illustrate the multiple links between project activities and environmental characteristics and are therefore useful in identifying and depicting secondorder impacts (indirect, synergistic etc.) as well as for identification of remedial measures and monitoring schemes. More detailed networks are, however, timeconsuming, difficult to produce, 9

10 A section of an impact network ("impact tree") Aerial application of herbicides Water herbicide contamination Decreased growth of phytoplankton, algae, etc. Food chain contamination in water Loss of riparian vegetation Nontarget plant mortality Decreased dissolved oxygen Increased water temperature Increased water runoff Food chain contamination on land Damage to fish spawning Debris pollution Increased erosion Increased flow Increased demands on dissolved oxygen Increased sediment Increased water yield and require extensive knowledge of the environment under consideration. A section of a network, a part of so-called "impact tree", is shown in the picture. Map overlays have been used in environmental planning since the 1960s. This method is suitable for impact identification, prediction, and assignment of relative significance. Firstly, a base map is prepared, shoving the general area within which the project may be located. Successive transparent overlay maps are then prepared for individual environmental components that, in the opinion of experts, are likely to be affected by the project. The project's degree of impact is shown by the intensity of shading. The composite impact of the project can be found by superimposing the overlay maps and noting the relative intensity of the total shading. This method is particularly useful for identifying optimum corridors for infrastructure developments, for comparison between alternatives, and for showing the spatial distribution of impacts. The development of computer mapping, and in particular geographical information systems, allows more information to be handled and to assign to the impacts different importance weightings: this enables sensitivity analysis to be carried out and to see whether changing assumptions about impact importance would alter the decision. Once the impacts have been identified, the potential magnitude, extent and duration of each one must be predicted. Prediction draws on physical, biological, socio-economic and anthropologic data and techniques and may employ mathematical models, photomontages, physical models, sociocultural models, economic models, experiments, expert judgements, etc. In most cases this work will need to be carried out by specialists in their areas of competence. Where possible, impacts should be predicted quantitatively. This makes comparison across alternatives and with baseline conditions easier. It is also important that the predictions outline different scenarios and that the underlying assumptions are presented transparently - it helps to deal with uncertainties resulting from measurement error and absence of information, particularly in case of cumulative and socio-cultural impacts. It should be noted that im- 10

11 pact analysis must consider all activities that affect environmental components, even those components that lie outside the immediate area affected by the project and to take into account the impacts of past, existing and planned activities as well as those activities associated with the present project. An impact prediction process should also describe the incremental contribution of the project to impacts on the environment. Thresholds and additional criteria can be identified for some specific resources, which establish levels of impact beyond which resources cannot be sustained. Analysis of the interactions between impacts, particularly when considering cumulative impacts, should be also included in the impact prediction process (for example, transfers of material between ecosystems or ecosystem components, and connections between human culture, resource use and the environment. The identified and predicted impacts should be then evaluated (ranked) by assigning relative significance, and determining the order in which impacts are to be avoided, mitigated or compensated. Decisions on significance should be based on the following key elements: consideration of environmental and other standards; scientific and professional judgement; level of public concern; measure of the impact on ecological systems (magnitude, extent, duration, and reversibility of the impact); impacts on social values and quality of life; availability of mitigation measures Mitigation Mitigation is the application of design, construction or scheduling practices to lessen or avoid the adverse ecological, economic or socio-cultural effects. At one extreme, the prediction and evaluation of impacts may reveal impacts with such adverse and significant effects that the only effective mitigation measure may be to abandon the proposal. A more common situation would be to modify aspects of the development action to avoid various impacts. In some cases there may be less need to avoid the impacts completely - methods to reduce adverse effects may then be used. During the life of a project, certain environmental components may be temporarily lost or damaged. It may be possible to repair, rehabilitate or restore these affected components to varying degrees. If the effects are impossible to reduce, it may be necessary to compensate for adverse impacts. Proponent, conducting the activity is usually responsible for mitigation, while authorities approving or regulating a project must ensure that approved mitigation measures have been implemented and are working effectively. Mitigation measures are inherent in all aspects of the EIA process and can be identified and carried out at almost any stage of project planning and implementation, for example: to identify mitigation measures at the earliest planning stage and include them in the design and assessment of a proposal (e.g. as a result of public consultations or past experience); to plan the location of an activity as to avoid affecting specific resources or environmentally sensitive areas (e.g. avoid contamination of groundwater resources); to plan the timing of an activity to avoid adverse effects (e.g. reduce noise level during breeding season of birds close to wetlands); to include technical mitigation measures in the project design to reduce the impact (e.g. require a closed water circulation system); to develop mitigation measures in response to specific impacts identified during the EIA process and adopt those measures at the time of project implementation; to develop and implement measures that were not identified until after the project has been implemented; to undertake mitigation measures after decommissioning to restore an affected resource or area, or to replace lost or damaged resources in the affected area or elsewhere (e.g. restore a valuable habitat). Some impacts may occur that were not anticipated or that are more serious than predicted. Monitoring of the activity and the affected environment may suggest additional or revised mitigation measures. Therefore, during the EIA process, the assessment and monitoring procedures of the effectiveness of those mitigation measures that are part of the project should be designed. To assess the effectiveness of mitigation, a well-defined environmental baseline should be developed prior to project implementation. Once a project is implemented, measuring the change in environmental conditions relative to the baseline will give an indication of the effectiveness of mitigation measures in avoiding or reducing impacts The EIA report review procedures In Lithuania, the EIA report is prepared by the organiser (developer) of the proposed economic activity or the preparer of EIA documents, obliged by the organiser, in accordance with the ratified EIA program. Provisions for the preparation are provided both in the Law on EIA and the Ministerial Order on Regulations on Preparation of the Environmen- 11

12 tal Impact Assessment Program and Report; Annex "Recommended Structure and Scope of the EIA Report" of the Order might be especially useful. The main requirement is to provide detailed information on all topics provided in the EIA program, to include an analysis of the alternatives that have been examined by the preparer of EIA documents, a plan for environmental protection monitoring, an indication of any difficulties (technical or practical deficiencies) encountered by the organiser (developer) of the proposed economic activity or the preparer of EIA documents in performing the environmental impact assessment, and a summary of all information provided in the report. After preparing the EIA report, the organiser (developer) is obliged to organise public hearings (procedures of public participation Justified proposals to amend the report are reviewed in a separate chapter of the manual). If justified proposals regarding the EIA study or report are received from the public, the organiser (developer) or the preparer of EIA documents must take them into account by amending the report and before submitting the report to the relevant parties of EIA. Additionally, proposals of the public must be evaluated in a separate document. The relevant parties of EIA then check if the EIA report includes sufficient information on the topics within their competence and within 20 working days provide to the organiser (developer) of the proposed economic activity or the preparer of EIA documents their conclusions regarding the report and the possibilities to carry out the proposed economic activity. Similarly to the procedures of the EIA program ratification, the relevant parties of EIA have right Lithuanian EIA report review procedures Organizer (developer) of the proposed economic activity or the preparer of EIA documents Public presentation of the report The public Amended report (taking into account the proposals of the public and requirements of the EIA parties) EIA parties Conclusions regarding the report and the possibilities to carry out the proposed economic activity(20 / 10 w.d.) Organizer (developer) of the proposed economic activity or the preparer of EIA documents The report, conclusions of the EIA parties, a justified evaluation of the public proposals Competent authority Justified requirements to amend the report to require amendments or corrections of the report. In such cases, after the re-submission of the amended EIA report, the relevant parties of EIA are obliged to provide their conclusions within 10 working days. The conclusions of the relevant parties of EIA are then to be submitted to the competent authority, together with the EIA report and the evaluation of the public proposals EIA quality control (reviewing) Reviewing is the step in the EIA process during which it is determined if: all EIA procedures were performed properly; the EIA program was prepared properly; the EIA report complies with the EIA program; the EIA report provides an adequate assessment of the environmental effects, and is of sufficient relevance and quality for decisionmaking; conclusions of stakeholders of the EIA process regarding the assessment and the proposed activity were taken into account; information provided is correct and scientifically and technically sound; information has been presented so that it can be understood by both decision-makers and the public; information provided is sufficient for decision making. Competent authority is the main part of the Lithuanian EIA quality control mechanism as it not only co-ordinates the whole EIA process, but also ratifies the programs of environmental impact assessment, examines the proposals of the public, the reports of environmental impact assessment and conclusions issued by other relevant parties. It is also competent authority that makes justified decisions if the proposed eco- 12

13 nomic activity, taking into account the nature, size or proposed location of the economic activity may be carried out in the chosen site. Also, if competent authority decides that the quality of EIA report is not satisfactory, or some topics are described not comprehensively enough, the organizer (developer) of the proposed economic activity or the preparer of the EIA documents should revise and amend the report. Relevant parties of the environmental impact assessment (governmental institutions, responsible for health protection, fire-prevention, protection of cultural assets, development of economy and agriculture, and municipal administrations) are also important components of the EIA quality control system. In some cases, assistance of additional governmental institutions might be required. The Law on EIA provides other institutions with a possibility to participate in the environmental impact assessment process as relevant parties if they express an interest and if the competent authority, taking into account the nature, size or proposed location of the economic activity, approves it. In such cases, the competent authority informs in written form all relevant parties, the organiser (developer) of the proposed economic activity, and the preparer of EIA documents, of other governmental institutions that shall participate in the environmental impact assessment process. The relevant parties of EIA, in accordance with their competence examine the environmental impact assessment programs and reports, and provide conclusions regarding the environmental impact assessment programs, reports and the feasibility of the proposed economic activity. Additionally, they participate in preparation of the final conclusion regarding the obligatory environmental impact assessment, if requests of the organiser (developer) or the public to reconsider the screening conclusion have been received, and participate in a meeting with the competent authority if their conclusions regarding the EIA program or report conflict with each other. Specialists of each relevant EIA party are experts of their own specific field and it is obvious that their conclusions are exceptionally important for ensuring effectiveness and quality of environmental impact assessment. It should be noted that the Law on EIA allows the competent authority, if needed, to request assistance of independent experts and consultants. Participation of the experts and consultants is financed by the competent authority and it should doubtless result in increasing objectiveness and quality of environmental impact assessment. In order to facilitate the tasks of authorities and the organiser (developer) or the preparer of EIA documents, the Ministry of the Environment has prepared recommendational Guidelines on the Quality Control of the Environmental Impact Assessment of the Proposed Economic Activity. The Guidelines include checklists that enable to determine if all EIA procedures, regulated by the Law on Environmental Impact Assessment of the Proposed Economic Activity of the Republic of Lithuania and supplementary legal acts have been conducted properly, and if sufficient information has been provided to the decision makers. Additionally, the Guidelines may be used to perform the long term monitoring of the EIA system quality, e.g. to identify the most problematic stages of the EIA process, the procedures that are improperly carried out and environmental components that are most complicated to asses Decision-making According to the Law on EIA, decision of the competent authority is binding, i.e. the proposed economic activity can not be executed if the competent EIA authority decides that this activity, by virtue of its nature and environmental impacts cannot be carried out in the chosen site. This decision is made within 25 working days, after examining the report, the conclusions of relevant parties of EIA regarding the report and the possibilities to carry out the proposed economic activity and justified evaluation of the public proposals; a positive decision is valid for 5 years after it is issued. The public is informed about this decision both by the competent authority and the organiser (developer) of the proposed economic activity, in accordance with the established order. It is also ensured that the public will have a possibility to acquire additional information regarding the decision or conditions attached thereto. In order to ensure an unbiased decision, a particular emphasis is put on the conclusions of the relevant parties of EIA regarding the possibilities to carry out the proposed economic activity, and in case these conclusions conflict with each other, the competent authority, before making the final decision invites the relevant parties of EIA to participate in considering their conclusions Monitoring Monitoring is the collection of specific data about the characteristics and functioning of environmental variables in space and time, with the objective of supplying information on the amplitude and rate of change in these variables. The aim of impact monitoring schemes is to detect an impact if it has occurred, to estimate its mag- 13

14 The procedures of making a justified decision if the proposed economic activity by virtue of its nature and environmental impacts, may be carried out in the chosen site Organizer (developer) of the proposed economic activity or the preparer of EIA documents nitude and ensure that it is a consequence of the particular project. Monitoring should include follow up of impacts, verification of predictions and functioning of mitigation measures. A good monitoring program will provide adequate information to measure environmental change and assess the effectiveness of procedures employed to mitigate adverse impacts. This information should be the basis for modifying Competent authority A justified decision if the proposed economic activity by virtue of its nature and environmental impacts, may be carried out in the chosen site (25 w.d.) The public Relevant EIA parties the activity or mitigation measures. If necessary, those responsible for the activity are required to further reduce environmental effects or protect natural resources. Public concern for projects often includes questions about follow up once a decision to proceed is made and the need for assurances that problems will be identified and corrected. A good monitoring program, developed during the EIA process, can be an important step to address this concern effectively. Monitoring may be performed by the project operator, a contractor, an independent monitoring institute or a governmental institution. Monitoring responsibilities and procedures should be described in the documentation giving approval to the project. Governmental institutions responsible for project approval or regulation must ensure that any monitoring program adopted with the proposal is conducted as planned. All monitoring reports should be published and made available to administrators, developers, affected people, and the public. In Lithuania, monitoring is regulated by the Law on Environmental Monitoring. This Law provides the requirements for the overall environmental monitoring system; a part of this system, called "monitoring of the environment of economic entities" is performed by the physical and juridical entities that affect the environment and use natural resources. Monitoring of the environment of economic entities is financed by these economic entities themselves. Pollution sources and their impacts on the environment are monitored; the information is submitted to the governmental institutions and municipal administration units. Additionally, the Law on EIA requires a plan for environmental protection monitoring to be included in the EIA report and sub- A monitoring program should include clearly defined objectives environmental baseline for measuring change caused by the activity methods to measure the amount and time of change a method to determine the extent to which the activity in question contributes to the environmental change a method to assess the effectiveness of mitigation measures adopted with the action standardized methodologies that are comparable with those used elsewhere in the country review and revision, when necessary, to ensure that the program objectives are being effectively met 14

15 mitted both to the relevant parties of EIA and competent authority. 3. Public participation An EIA should ensure effective and well-timed public participation and consultation. All interested citizens and interest groups have the right to express their opinions, both while the EIA program is being prepared and when the EIA report has been completed. Public consultation and participation can be employed at virtually every stage of the EIA process, and can be especially useful in the procedures of screening, scoping, and EIA report preparation / review. The reasons why the public must be involved in the EIA process, include: local inhabitants may provide local expertise and knowledge; public participation may help to identify the important issues or concerns determining the scope of the EIA; local inhabitants may propose additional project alternatives; public participation ensures that possible later conflicts will be avoided; positive public opinion might serve as an useful additional argument when requesting a development consent; public participation ensures the openness of the EIA and the acceptability and credibility of EIA decision-making. Public participation should be as continuous as possible to avoid the loss of interest from the participating parties. Specific necessary points for scheduling public participation include: the public should be informed when a project is first proposed and should have information on which the screening decision is based, as well as the decision itself (screening stage); the public should participate in scoping (EIA program preparation), ensuring that public comments will be taken into account during the EIA study and EIA report preparation; after EIA report is prepared; when development consent is granted (competent authority should inform the public about its decision and the reasons and considerations on which the decision is based). Non-governmental organizations (NGOs) and community groups might significantly contribute at the practical and policy levels of EIA process. They can provide a point of contact and organize public and informal meetings. In addition, NGOs can often provide considerable expertise and experience which is unavailable to consultants, developers or public authorities. They usually have links with other NGOs, international specialists and advisers as well as a network of volunteers and staff with direct and often extensive EIA experience in dealing with policy and decision makers. Obviously, clear rules and procedures for public participation should be established, e.g. who can to participate, by which means and on which terms. The Lithuanian Law on EIA defines the rights and functions of the public, ensuring public participation throughout the whole process of Environmental Impact Assessment: in the screening stage the public receives information about the screening conclusion (or information about the upcoming obligatory EIA in those cases when the proposed activity is included in the List of the Types of Proposed Economic Activities that Shall Be Subject to the Environmental Impact Assessment); during the stage of EIA report preparation, the public participates in an open meeting, organised by the organizer (developer) and also may submit motivated (justified) proposals regarding the environmental impact assessment and EIA report. These proposals shall be taken into account both by the competent authority and the organizer (developer); The objectives of public participation informing the stakeholders presentation of views, concerns and values influencing project design increasing public confidence better transparency and accountability in decision-making less conflicts Levels of public participation informing (one way flow of information) consulting (two way flow of information, opportunities for the public to express views) participating (public involved in decision-making) Principles for successful public participation provide sufficient and relevant information allow sufficient time to get acquainted with relevant information and discuss allow sufficient time to present views provide responses to issues/ problems raised choose correct public participation methods and times of events to suit stakeholders 15