Environmental impact assessment


Environmental impact assessment is the assessment of the environmental consequences of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. In this context, the term "environmental impact assessment" is usually used when applied to actual projects by individuals or companies and the term "strategic environmental assessment" applies to policies, plans and programmes most often proposed by organs of state. It is a tool of environmental management forming a part of project approval and decision-making. Environmental assessments may be governed by rules of administrative procedure regarding public participation and documentation of decision making, and may be subject to judicial review.
The purpose of the assessment is to ensure that decision-makers consider the environmental impacts when deciding whether or not to proceed with a project. The International Association for Impact Assessment defines an environmental impact assessment as "the process of identifying, predicting, evaluating and mitigating the biophysical, social, and other relevant effects of development proposals prior to major decisions being taken and commitments made". EIAs are unique in that they do not require adherence to a predetermined environmental outcome, but rather they require decision-makers to account for environmental values in their decisions and to justify those decisions in light of detailed environmental studies and public comments on the potential environmental impacts.

History

Environmental impact assessments commenced in the 1960s, as part of increasing environmental awareness. An EIA is prepared to estimate the effects of a proposed development or construction project. EIA provides technical evaluations that are intended to contribute to more objective decision making. In the United States, EIA obtained formal status in 1969, with the enactment of the National Environmental Policy Act. EIAs have been used increasingly around the world. The number of environmental assessments filed every year "has vastly overtaken the number of more rigorous Environmental Impact Statements." An environmental assessment is a "mini-Environmental Impact Statement designed to provide sufficient information to allow the agency to decide whether the preparation of a full-blown Environmental Impact Statement is necessary."

Methods

General and industry specific assessment methods are available including:
  • Industrial products – Product environmental life cycle analysis is used for identifying and measuring the impact of industrial products on the environment. These EIAs consider activities related to extraction of raw materials, ancillary materials, equipment; production, use, disposal and ancillary equipment.
  • Genetically modified plants – Specific methods available to perform EIAs of genetically modified organisms include GMP-RAM and INOVA.
  • Fuzzy logic – EIA methods need measurement data to estimate values of impact indicators. However, many of the environment impacts cannot be quantified, e.g. landscape quality, lifestyle quality and social acceptance. Instead, information from similar EIAs, expert judgment and community sentiment are employed. Approximate reasoning methods known as fuzzy logic can be used. A fuzzy arithmetic approach has also been proposed and implemented using a software tool.

    Follow-up

At the end of the project, an audit evaluates the accuracy of the EIA by comparing actual to predicted impacts. The objective is to make future EIAs more valid and effective. Two primary considerations are:
  • Scientific – to examine the accuracy of predictions and explain errors
  • Management – to assess the success of mitigation in reducing impacts
Audits can be performed either as a rigorous assessment of the null hypothesis or with a simpler approach comparing what actually occurred against the predictions in the EIA document.
After an EIA, the precautionary and polluter pays principles may be applied to decide whether to reject, modify or require strict liability or insurance coverage to a project, based on predicted harms.
The Hydropower Sustainability Assessment Protocol is a sector-specific method for checking the quality of Environmental and Social assessments and management plans.

Around the world

Australia

The history of EIA in Australia could be linked to the enactment of the U.S. National Environment Policy Act in 1970, which made the preparation of environmental impact statements a requirement. In Australia, one might say that the EIA procedures were introduced at a State Level prior to that of the Commonwealth, with a majority of the states having divergent views to the Commonwealth. One of the pioneering states was New South Wales, whose State Pollution Control Commission issued EIA guidelines in 1974. At a Commonwealth level, this was followed by passing of the Environment Protection Act 1974 in 1974. The Environment Protection and Biodiversity Conservation Act 1999 superseded the Environment Protection Act 1974 and is the current central piece for EIA in Australia on a Commonwealth level. An important point to note is that this federal legislation does not override the validity of the States or Territories environmental and development assessments and approvals; rather the EPBC Act runs as a parallel to the State/Territory Systems. Overlap between federal and state requirements is addressed via bilateral agreements or one-off accreditation of state processes, as provided for in the EPBC Act.

The Commonwealth Level

The EPBC Act provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places. It defines this as matters of "national environmental significance". The following are the nine matters of such significance:
In addition to this, the EPBC Act aims at providing a streamlined national assessment and approval process for activities. These activities could be by the Commonwealth, or its agents, anywhere in the world or activities on Commonwealth land; and activities that are listed as having a 'significant impact' on matters of 'national environment significance'.
The EPBC Act comes into play when a person wants an action assessed for environmental impacts under the EPBC Act, he or she must refer the project to the Department of the Environment and Energy. This referral is then released to the public and the relevant state, territory and Commonwealth ministers, for comment on whether the project is likely to have a significant impact on matters of national environmental significance. The Department of the Environment and Energy assess the process and makes recommendation to the minister or the delegate for the feasibility. The final discretion on the decision remains of the minister, which is not solely based on matters of national environmental significance but also on the consideration of social and economic impact of the project.
The Australian Government Minister for the Environment and Energy cannot intervene in a proposal if it has no significant impact on one of the eight matters of national environmental significance, regardless of any other undesirable environmental impacts. This is primarily due to the division of powers between the states and the Federal government, and the Australian Government environment minister not being able to overturn a state decision.
There are strict civil and criminal penalties for the breach of EPBC Act. Depending on the kind of breach, civil penalty may go up to $550,000 for an individual and $5.5 million for a body corporate, or for criminal penalty of seven years imprisonment and/or penalty of $46,200.

The State and Territory Level

Australian Capital Territory (ACT)
EIA provisions within Ministerial Authorities in the ACT are found in the Chapters 7 and 8 of the Planning and Development Act 2007. EIA in ACT was previously administered with the help of Part 4 of the Land Act 1991 and Territory Plan.
Note that some EIA may occur in the ACT on Commonwealth land under the EPBC Act. Further provisions of the Australian Capital Territory Act 1988 may also be applicable particularly to national land and "designated areas".
New South Wales (NSW)
In New South Wales, the Environment Planning and Assessment Act 1979 establishes two pathways for EIA. The first is under Division 5.2 of the EP&A Act, which provides for EIA of 'State Significant Infrastructure' projects. The second is under Part 4 of the EP&A Act dealing with development assessments for local, regional, and State Significant Developments.
Northern Territory (NT)
The EIA process in Northern Territory is chiefly administered under the Environmental Assessment Act. Although EAA is the primary tool for EIA in Northern Territory, there are further provisions for proposals in the Inquiries Act 1985.
Queensland (QLD)
There are four main EIA processes in Queensland. Firstly, under the Integrated Planning Act 1997 for development projects other than mining. Secondly, under the Chapter 3 of the Environmental Protection Act 1994 for some mining and petroleum activities. Thirdly, under the State Development and Public Works Organisation Act 1971 for 'significant projects'. Finally, under the Environment Protection and Biodiversity Conservation Act 1999 for 'controlled actions'.
South Australia
The local governing tool for EIA in South Australia is the Development Act 1993. There are three levels of assessment possible under the Act in the form of an environment impact statement, a public environmental report or a Development Report.