Environmental Assessment in Newfoundland & Labrador. Experiences, Observations and Insights from Recent Practice

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1 Environmental Assessment in Newfoundland & Labrador Experiences, Observations and Insights from Recent Practice

2 Environmental Assessment in Newfoundland & Labrador Experiences, Observations, Insights Practitioner s Perspectives Steve Bonnell Practice Leader, Environmental Assessment AMEC Environment & Infrastructure St. John s, Newfoundland and Labrador, Canada October 2013

3 Overview and Contents Environmental Assessment (EA): Overview and Definition EA Legislation and Processes (NL and CA) EA Objectives and Outcomes EA Practice in Newfoundland & Labrador: The Good (Things that are working well) Some Could do Betters (Issues and Suggestions) Summary and Conclusion 3

4 Environmental Assessment (EA) A regulatory review process applied to proposed development projects to predict and evaluate their potential environmental effects, so that these can be considered and addressed in project planning and decision-making EA Project Planning Project Design Project Construction Project Operations Project Decommissioning 4

5 Environmental Assessment (EA) A regulatory review process applied to proposed development projects to predict and evaluate their potential environmental effects, so that these can be considered and addressed in project planning and decision-making Understanding the existing environment (biophysical and socioeconomic) Identifying environmental issues and predicting project effects and benefits Consulting with governments, Aboriginal and stakeholder groups, the public Proposing measures to avoid / reduce adverse environmental effects and optimize benefits Considering environmental effects in Project planning and decisions (go / no-go, design, scheduling, mitigation) 5

6 EA Processes and Objectives Proposed development projects in NL may be subject to provincial and/or federal EA requirements: NL Environmental Protection Act (Part 10) and EA Regulations Canadian Environmental Assessment Act (CEAA 2012) and Regulations Some Key (Shared) EA Objectives and Outcomes Proactive identification, analysis and management of environmental effects in Project planning and decision-making Consultation with Aboriginal communities, stakeholders and the public (information, issues, mitigation) Achieving these outcomes in an effective and efficient manner 6

7 EA Practice in NL: The Good EA Legislation and Process Long-standing, well established EA legislation in NL ( amendments) Relatively good, well structured process (procedures, timelines, decisions) Consultation EA provides ideal mechanism to engage with interested and potentially affected parties (Public, Stakeholders, Aboriginal Groups) NL EA process is inherently consultative, with various junctures / opportunities for involvement and input Early opportunities for sharing information and input into Project planning and decision-making 7

8 EA Practice in NL: The Good (Continued ) EA Use, Perceptions and Outcomes Proponents are increasingly viewing and using EA as an important and valuable tool for: Informing and improving the planning, design and implementation of their projects, and the Proactive identification and management of environmental / social issues and associated risks Many corporations are also (voluntarily) undertaking EAlike approaches as part of their early project planning and decision-making processes: Identification of development objectives and approaches Evaluation of alternative project options and design concepts 8

9 EA Practice in NL: Issues / Opportunities EA Legislation and Process Type / level of Project description information required / requested Delays in Governmental decisions and actions at key EA stages EA Guidelines / Scoping (information, focus, timing) Aboriginal Consultation Courts have established a Crown duty of consultation with relevant Aboriginal groups Procedural aspects often delegated to Proponents through the EA process Further information and direction required from Government on Aboriginal groups / claims, consultation requirements and approaches 9

10 EA Practice in NL: Issues / Opportunities (Continued ) EA Methods and Documentation Need to explore approaches and methods for presenting EA information and analyses in a clearer and more concise (less voluminous) manner Emphasize the content, quality and brevity of the EA, thereby making it more accessible and meaningful for participants Project EA vs. Regional (Cumulative) Issues Project EAs often become the (sole) forum for evaluating larger policy / regional environmental and socioeconomic issues Project s contribution to, and Proponent s ability / responsibility to manage, overall (cumulative) effects? 10

11 Some Closing Thoughts EA is a useful and powerful tool for informing and improving Project planning and decision-making Long-standing and well established EA legislation and processes in NL There is room for improvement in a number of key regulatory and methodological aspects of EA practice in NL Far too much emphasis on the procedural aspects of EA, We need a greater focus on EA outcomes and benefits (effectiveness and efficiency) 11

12 Thank you. Steve Bonnell AMEC Environment & Infrastructure 133 Crosbie Road, PO Box St. John's, NL Canada A1B 4A5 Tel (709)