Presentation Transcript

1. EIA & SEA in Kazakhstan:Legislation & Practice AliyaTonkobayeva,National Expert, WECOOP Project Regional Training on“Environmental Impact Assessment & Strategic Environmental Assessment” 23-24 April, 2013, Almaty
2. Content EIA legislation EIA General Provisions and Procedure Public participation component Trans-boundary EIA(International Conventions) EIA practice Summarized information by Committee of Environmental Regulation and Control Examples Backgrounds for SEA development in Kazakhstan Legislation and practice Conclusions and recommendations
3. EIA legislation Environmental Code (Chapter6) Instruction on impact assessment of planned economic and other operations on environment upon developing pre-planned, planned, pre-project and project documentation (Order of KZ Ministry of Environment Protection dated 28.06.2007) Rules of conduction of public hearings (Order of KZ Ministry of Environment Protection dated 07.05.2007) Rules of access to environmental information related to EIA procedure and decision-making process on planned economic and other operations (Order of KZ Ministry of Environment Protection dated 25.07.2007)
4. General Provisions Goals: Identification of environmental and other consequences of options of managerial and economical decision-making; Development of recommendations on environmental enhancement, prevention of liquidation, degradation, damage and depletion of natural environmental systems and natural resources
5. EIA principles in Kazakhstan: insistency integrity (complexity) alternativity sufficiency conservancy consistency flexibility public participation - Perspective activity of projected sites Purchaser (Initiator) ought to take into account the EIA results and ensure adoption of option on the least harm to environment and human health
6. Category I: Risk Class 1 & 2 as per Sanitary Classification of Industrial Facilities (SCIF) Minerals prospecting and mining, except common mineral resources LO Committee of Environmental Regulation and Control Category II: Risk Class 3 as per SCIF Mining of common mineral resources All kinds of forest use and special water use LNO Departments of Natural Resources and Natural Management Regulation Category III: Risk Class 4 as per SCIF LNO Category IV: Risk Class 5 as per SCIF All kinds of wildlife sites (except amateur fishing and hunting) LNO Classification of EIA sitesand distribution by State Environmental Review bodies LO – License for EIA development is obligatory, LNO – non-obligatory
7. EIA procedures with latest changes 3 2 Post-project analysis Section “Environment Protection” (EP) 1 EIA (for newly operated large-scale(SCIF Class 1, capital investments - >$50 mln.) sites a year after activity start-up) Pre-EIA (adjusting feature) Detailed analysis of all aspects of impact of concrete sites and constructions Overview of EP status Potentially possible focuses of changes and consequences caused by them + Declaration of Intentions
8. Kinds of Impact Addressed at Stage 1 & 2 2 1 EIA Pre-EIA Atmospheric air except greenhouse gases Surface and underground waters Surface of water reservoir bottom Landscapes Land resources and soil cover Flora Wildlife Status of eco-systems Population health status Social sector (population employment, education, transport infrastructures) Characteristics of planned operation options; Component-qualitative characteristics of impact of sites and constructions in normal operation and emergency situations; Identification of environment resistance to possible impact
9. Public Participation in EIA (1) One of EIA principles Ensured by Purchaser In preparation and discussion of EIA materials Basic forms: Public hearings Collection of written proposals and comments Population questionnaire-based interviewing Documentation of registration of public opinion (=>comment on registration of proposals and comments by public in project documentation)
10. Public Participation in EIA (2) 3 2 1 Section “Environment Protection” EIA Pre-EIA Раздел ООС Discussion of EIA materials Participation in assessment of impacts and consequences, measures related to their reduction and prevention Discussion of EP section Participation in discussion of changes made into EIA materials Discussion of Pre-EIA materials Selection of siting location (decision option) with regard to public interests
11. Trans-boundary EIA (Environmental Code) Article43. Peculiarities of EIA sites with trans-boundary impact «Peculiarities of EIA sites with trans-boundary impact are determined by international agreements ratified by Kazakhstan» Convention on Environmental Impact Assessment in Trans-boundary Context(The Law on Accession dated October 21, 2000)
12. Trans-boundary EIA (2) Potential sites for EIA conduction in trans-boundary context from Republican Map on industrial development, 2010-2014 (concerning Almaty and Dzambyl oblasts): Diversification and expansion of ferroalloy industry and its raw materials resources base by capacity reaching 300 thousand tons of ferroalloy per year; Construction of plant on mineral fertilizers production; Ski resort of international standard in Almaty city; Reconstruction of the international transit corridor “West Europe – West China”.
13. EIA practice (1) Dynamics of quantities of addressed and rejected documents within MEP and Environment Departments
14. 2010 2011 (I semi-year) EIA for “First leg of Kazakhstan-China line gas piping” Pre-EIA for feasibility study of construction of “National Center for Sulphur Storage” (non-coordinated) EIA for “Dostyk integrated hydroengineering complex” Project on the Horgos river via connection of mainline channels in Panfilov rayon, Almaty oblast “Vest Dala” LLC EIA Project for technology of application of method on microbiological purification of oil-contaminated soils and grounds EIA for “Contra-regulator of Moinak HPP on the Charyn river” Project Draft feasibility study of pre-investment program on Urihtau oil-gas condensate deposit development with pre-EIA (non-coordinated) EIA upon construction and build-operate-transfer of the dam and Bestyubinsk reservoir of Moinak HPP EIA for “Second turn of second stage of construction of Kazakhstan-China oil pipeline” Project. Atasu-Alashankou location. Construction and reconstruction of Oil Pumping Station-11 (OPS), OPS-9 and Alashankou oil line Pre-EIA for feasibility study of construction of ammonia and carbamide production in Aktau city, Mangistau oblast Most relevant projects of economic and other operations undergone State Environmental Review
15. Practice of public participation in EIA EIA project on construction of North Caspian base on oil slick response, 2007 Project Initiator- AgipKCO and Tengiz Service LLC; EIA Developer- KazNIGRI LLC; Base construction location – water area of North-Eastern Caspian (Damba, Atyrau oblast); Public participation- Campaign by KZ NGO Eco-Forum “Let’s give alternative to the area of oil slick response marine base!”; public concerns: special environmental conditions of the area addressed; its selection on the non-alternative basis; necessity to consider significant harmful trans-boundary impacts; = >Project was rejected; it was proposed to consider alternative options of response base location
16. Backgrounds for SEA development in Kazakhstan (Environmental Code) Article 47. Sites of State Environmental Review 2) Projects of public, sector and regional programs with EIA supporting materials; 4) KZ draft regulatory and legal acts, draft regulatory and technical and instructive/methodic documents implementation of which may result in negative environment impact; 8) Projects of master plans on cities and territories housing (development) system ! The KZ legislation does not provide preparation of environmental reports on draft regulatory and legal acts, plans and programs and counseling with interested public.
17. Examples of laws including plans and programs completed EIA procedure(1)
18. Examples of laws including plans and programs completed EIA procedure (2) Master Plan of Aktau city, Mangistau oblast. KZ Government Regulation #1147 dated September 5, 2012
19. Examples of laws including plans and programs completed EIA procedure (3) Master Plan of Aktau city, Mangistau oblast. P– positive, L– low, M- medium
20. Example of plans/programs non-conducted environmental impact and consequences assessments Tourism industry development program of Kazakhstan , 2010-2014 (KZ Government Regulation #1048 dated October 11, 2010) International standard ski resorts development plan, Almaty oblast and nearby Almaty city (KZ Government Regulation #1761 dated December 29, 2012) Ski resort construction project inKok-Jailau mountain area (Ile-Alatau National Park area)is destructive for specially protected natural territories
21. Conclusions EIA of economic operation projects is implemented via a range of projects, however: - development is financed from funds of economic operation purchaser;- collection of proposals and comments as well as access to EIA documentation is provided within preparation and conduction of public hearings but not during development process; complexity of EIA documentation for interested public representatives (absence of non-technical outline in EIA documentation) non-regulation of trans-boundary EIA Absence of “post-project analysis” stage (especially topical for SEA further development) SEA is indicated in the legislation but mainly there are no procedures - no commitments in the legislation concerning preparation of environmental reports and consultations with interested public
22. Recommendations Improvement of EIA procedure of economic projects in relation to increasing its independence (?) and strengthening access to information and public participation; Development of national procedure on trans-boundary EIA in accordance to ratified international agreements; Development of Institute of strategic environmental assessment of regulatory and legal acts (RLA) including plans and programs that ensures public participation in discussion of draft RLA and environmental reports.