Environmental Impact Assessment Legislation for Port City Project
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Port City project
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PART 1
Environmental Impact
Assessment
predict the environmental
consequences
Problems
natural resource constraints
measures to minimise
projects environmentally sustainable
ENVIRONMENTAL
IMPACT ASSESSMENT
The National Environmental Act
introduced the EIA procedure into
the statute
And applies where there’s an
overlap
LEGISLATURE
The Coast Conservation Act
The Fauna and Flora Protection
Ordinance
The National Environmental Act
The Coast Conservation Act
limited to coasts
The Fauna and Flora Protection
Ordinance
limited to areas close to national
reserves
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THE COAST CONSERVATION
ACT (CCA)
introduced detailed EIA procedure
Minister specifies
Project Approving Agencies
Minister specifies the
prescribed projects
initial environmental examination report or
environmental impact assessment report required
published for public comment
(30 days)
National Environmental (Procedure for Approval of
Projects) Regulations (1993)
THE NATIONAL
ENVIRONMENTAL ACT
Project Approving Agencies – Ministries
list of projects set out which require EIA -3 parts
1. “Projects and undertakings if located wholly or partly
outside the coastal zone as defined by the Coast
Conservation Act”
2. industries have been identified by name but not by
magnitude or size
Iron and Steel/Pesticides and Fertilizer etc.
3. environmentally sensitive areas
archaeological reserve/100 metres wildlife sanctuary etc.,
NATIONAL ENVIRONMENTAL
(PROCEDURE FOR APPROVAL OF
PROJECTS) REGULATIONS
Preliminary information
must be submitted as
early as
possible
to the Project Approving Authority
Environmental Scoping
– Authority subjects this info to
scoping to prepare Terms of Reference for IEE /EIA
IEE/EIA- defined by the Act
Once EIA/IEE is carried out – published for
public
participation (30 days)
Public hearings may be allowed – if in the “public interest”
Ex; highly controversial / unusual national or regional
impacts etc
After public participation the approving authority in
consultation with the Central Environmental Authority will
either grant/or refuse approval
Can impose conditions
Appeals process
If there are alterations to the project – they may require
fresh approvals
National
Environmental Act
defines an
IEE
written report
possible impacts
assessed
“significant impacts”
(not defined)
National Environmental Act
defines an
EIA
written analysis
environmental cost benefit
analysis
description of the project
alternatives - reasonably
available ex:
Natural Resources
Defence Council
v.
Morton
description of any
irreversible or irretrievable
commitments of resources
IMPACT ASSESSMENT
Significant Impacts
subjective judgment
Context
Intensity
Cumulative Impacts
Rio Declaration
environmental impact assessment, as a national instrument, shall
be undertaken for proposed activities that are likely to have a
significant adverse impact on the environment and are subject to a
decision of a competent national authority.
New Zealand
v.
France
Weeramantry J. –
The principle is gathering strength and international acceptance,
and has reached the level of general recognition at which this
Court should take notice of it
INTERNATIONAL LEVEL
PART 2
COLOMBO PORT CITY
SC (F/R). No- 151/2015
PORT CITY
PROTESTS
Difficulties finding a petitioner
All Ceylon Fisher-folk Trade Union
approximately 30,000 fisherfolk living near the
sea shore between areas adversely affected by
mining for sand
Public Interest Litigation –
FILING LEGAL ACTION
Practical problems of lack of information
media publications and news items
EIA had apparently been done
reclaim approximately 120 ha. of land
project was expanded in scope
land reclamation of approximately 233 ha
no fresh EIA
was carried out.,
only an
Addendum to the original EIA was carried
out by the
University of Moratuwa
Could not trace any permit issued
FUNDAMENTAL RIGHTS
ACTION FILED APRIL
2015
Main Arguments
1.
SAND MINING
beach has started to disappear due to
erosion
destruction of the coral reef
murky waters
three (3) main areas in which fish procreate
in large numbers and are thus conducive for
fishing
2. LACK OF PROPER EIA
EIA had been carried out for 120 ha
No fresh EIA when project increased to
233 ha
(only an addendum)
3.
CHINA COMMUNICATION
CONSTRUCTION COMPANY LTD
The
Initial Technical Feasibility Study
;
Any
Impact Assessment
carried out in respect of the
original
development project;
a copy of the project proposal;
preliminary approval granted for the original project by the CCD;
Permit issued for a Development;
all relevant contingency plans drawn up,
the relevant EIA and/or IEE and/or any environment study
carried out,
the relevant permission issued by the Road Development
Authority to transport quarry material
Industrial Mining Licence
The contract entered into by the State for the
Colombo Port City
Development Project;
RELIEFS SOUGHT
Meanwhile
3 km breakwater was being constructed
3.6 million cubic meters of rock
Three hundred six-wheelers
Dredging
No
Right to Information Act
Rio Declaration
- each individual shall have appropriate access
to information concerning the environment that is held by public
authorities
Agenda 21
access to information relevant to environment and
development
Europe – EC Directive on Access to Environmental Info
OSPAR Convention
make available information on the state of the maritime area on
activities adversely affecting or likely to affect it.
Aarhus Convention
ensure that public authorities make available access to
information relating to the environment
ACCESS TO ENVIRONMENTAL
INFORMATION
WWF UK v Commission
&
Bavarian Lager Co. v
Commission,
all exceptions to public access to information must be narrowly
construed
Anna Maria Guerra v Italy
ECHR did
NOT
exclude positive obligations
The Attorney-General’s Department provided several key
documents
IEE/EIA/Addendum/Supplementary EIA
Very limited time
Petitioners’ retained experts; Emeritus Professor Department
of Geography University of Sri Jayewardenepura, Marine
Biologists etc.,
“Agreement between the Secretary to the Ministry of Highways, Ports
and Shipping and CHEC Port City Colombo (Pvt) Limited (September
2014)”
condition precedent – amend existing Law
2016 AMENDED PETITION
THE AREAS AFFECTED
1.
land reclamation
2.
sand mining
3.
quarry materials
4.
Transport
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SANDMINING
Supplementary EIA - 3.45 million m
3
No mention of the quantities of explosive
materials/explosive times, vibration etc.,
Impact on communities ?
supplies for local and national requirement ?
historical value - rock shelter monasteries
etc.?
QUARRY MATERIALS
1.
ABSENCE OF ADEQUATE ENVIRONMENTAL
ASSESSMENT STUDIES
No comprehensive EIA
EIAs ignored
size of the development- which keeps morphing /other developments
use of natural resources/ production of waste
EIA’s themselves refer to permits they “hope will be obtained”
No monitoring mechanism discussed
Adequate alternatives not discussed
original EIA (April 2011), was required by its
Terms of Reference
to
consider
,
the extent of the proposed mining site, estimated reserves,
access roads proposed to be used, types of vehicles to be used etc.,
-not
addressed
SOME ARGUMENTS
2. SUSTAINABLE DEVELOPMENT
Rio de Janeiro Declaration (1992)
“the right to development must be fulfilled so as to equitably meet
developmental and
environmental needs of present and future
generations
”
“In order to achieve sustainable development,
environmental
protection shall constitute an integral part of the
development process
and cannot be considered in isolation from it”
Agreement already signed -
Government has undertaken to
grant all licences / Amend existing Laws
3.BIAS
a) University - initial
EIA
and Addendum,
project consultant in the
Supplementary EIA
b) only international consultant in the
Supplementary
EIA
private entity - commissioned by CCCC (or its subsidiary
before)
Reviewing its own work?
Proceedings terminated 7
th
July 2016
subject to recognition that the Petitioner may
submit information on how the fishing
community would be adversely affected
E
NVIRONMENTAL
PROTECTION
AND
HUMAN
RIGHTS
Powell and Rayner v UK
strike a fair balance between the competing
interests of the individual and the community
Lopez Ostra v Spain
nuisance and serious health problems –
regardless of fulfilling Spanish Laws
Hatton and others v UK
serious attempt to assess / evaluate the extent
or impact of the interferences
Structure of laws – sufficient?
Poor public participation
(language? Apathy?)
Lack of capacity to carry out EIA?
Lack of political will?
CONCLUSION
This case study delves into the Environmental Impact Assessment (EIA) legislation surrounding a Port City project. It discusses the prediction of environmental consequences, challenges such as natural resource constraints, and measures to ensure the project is environmentally sustainable. The study outlines the EIA procedures introduced by the National Environmental Act and the Coast Conservation Act, along with the requirements for permits, public comments, and decision-making processes.
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Presentation Transcript
CASE-STUDY: EIA LEGISLATION: Port City project
PART 1 Environmental Impact Assessment
ENVIRONMENTAL IMPACT ASSESSMENT predict the environmental consequences Problems natural resource constraints measures to minimise projects environmentally sustainable
LEGISLATURE The National Environmental Act introduced the EIA procedure into the statute And applies where there s an overlap The National Environmental Act reserves The Coast Conservation Act The Coast Conservation Act limited to coasts The Fauna and Flora Protection Ordinance limited to areas close to national The Fauna and Flora Protection Ordinance
THE COAST CONSERVATION ACT (CCA) Permit Procedure development activity within the coastal zone Permit from Director of Coast Conservation Minister may prescribe activities which don t require a permit Can require an environmental impact assessment report to be furnished Published by Gazette Public Comment within 30 days Decision
THE NATIONAL ENVIRONMENTAL ACT introduced detailed EIA procedure Minister specifies Project Approving Agencies Minister specifies the prescribed projects initial environmental examination report or environmental impact assessment report required published for public comment (30 days) National Environmental (Procedure for Approval of Projects) Regulations (1993)
NATIONAL ENVIRONMENTAL (PROCEDURE FOR APPROVAL OF PROJECTS) REGULATIONS Preliminary information must be submitted as early as possible to the Project Approving Authority Environmental Scoping Authority subjects this info to scoping to prepare Terms of Reference for IEE /EIA IEE/EIA- defined by the Act Once EIA/IEE is carried out published for public participation (30 days) Public hearings may be allowed if in the public interest Ex; highly controversial / unusual national or regional Project Approving Agencies Ministries list of projects set out which require EIA -3 parts 1. Projects and undertakings if located wholly or partly outside the coastal zone as defined by the Coast Conservation Act 2. industries have been identified by name but not by magnitude or size Iron and Steel/Pesticides and Fertilizer etc. 3. environmentally sensitive areas archaeological reserve/100 metres wildlife sanctuary etc., impacts etc After public participation the approving authority in consultation with the Central Environmental Authority will either grant/or refuse approval Can impose conditions Appeals process If there are alterations to the project they may require fresh approvals
IMPACT ASSESSMENT National National Environmental Act defines an EIA written analysis environmental cost benefit analysis description of the project alternatives - reasonably available ex: Natural Resources Defence Council v. Morton description of any irreversible or irretrievable commitments of resources Significant Impacts subjective judgment Context Intensity Cumulative Impacts Environmental Act defines an IEE written report possible impacts assessed significant impacts (not defined)
INTERNATIONAL LEVEL Rio Declaration environmental impact assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority. New Zealand v. France Weeramantry J. The principle is gathering strength and international acceptance, and has reached the level of general recognition at which this Court should take notice of it
PART 2 COLOMBO PORT CITY SC (F/R). No- 151/2015
FILING LEGAL ACTION Difficulties finding a petitioner All Ceylon Fisher-folk Trade Union approximately 30,000 fisherfolk living near the sea shore between areas adversely affected by mining for sand Public Interest Litigation
FUNDAMENTAL RIGHTS ACTION FILED APRIL 2015 Main Arguments 1. SAND MINING beach has started to disappear due to erosion destruction of the coral reef murky waters three (3) main areas in which fish procreate in large numbers and are thus conducive for Practical problems of lack of information media publications and news items EIA had apparently been done reclaim approximately 120 ha. of land project was expanded in scope land reclamation of approximately 233 ha no fresh EIA was carried out., only an Addendum to the original EIA was carried out by the University of Moratuwa Could not trace any permit issued fishing 2. LACK OF PROPER EIA EIA had been carried out for 120 ha No fresh EIA when project increased to 233 ha (only an addendum) 3. CHINA COMMUNICATION CONSTRUCTION COMPANY LTD
RELIEFS SOUGHT The Initial Technical Feasibility Study; Any Impact Assessment carried out in respect of the original development project; a copy of the project proposal; preliminary approval granted for the original project by the CCD; Permit issued for a Development; all relevant contingency plans drawn up, the relevant EIA and/or IEE and/or any environment study carried out, the relevant permission issued by the Road Development Authority to transport quarry material Industrial Mining Licence The contract entered into by the State for the Colombo Port City Development Project; Meanwhile 3 km breakwater was being constructed 3.6 million cubic meters of rock Three hundred six-wheelers Dredging
ACCESS TO ENVIRONMENTAL INFORMATION No Right to Information Act WWF UK v Commission & Bavarian Lager Co. v Commission, all exceptions to public access to information must be narrowly construed Anna Maria Guerra v Italy ECHR did NOT exclude positive obligations Rio Declaration - each individual shall have appropriate access to information concerning the environment that is held by public authorities Agenda 21 access to information relevant to environment and development Europe EC Directive on Access to Environmental Info OSPAR Convention make available information on the state of the maritime area on activities adversely affecting or likely to affect it. Aarhus Convention ensure that public authorities make available access to information relating to the environment
2016 AMENDED PETITION The Attorney-General s Department provided several key documents IEE/EIA/Addendum/Supplementary EIA Very limited time Petitioners retained experts; Emeritus Professor Department of Geography University of Sri Jayewardenepura, Marine Biologists etc., Agreement between the Secretary to the Ministry of Highways, Ports and Shipping and CHEC Port City Colombo (Pvt) Limited (September 2014) condition precedent amend existing Law THE AREAS AFFECTED 1. land reclamation 2. sand mining 3. quarry materials 4. Transport
SANDMINING IEE (2012) - 30 million m3 2 sites surveyed- total Extractable Volume is only 44.31 million m3 Supplementary EIA (December 2015), 65 million m3 two dredging sites - available sand is estimated at 112 million m3 doubt as to even the extent of the land to be reclaimed Initial Technical Feasibility Study (August 2010) - 80 hectares Environmental Impact Assessment Study (April 2011) - 120 hectares addendum in 2013 - 200 Hectares Supplementary EIA (December 2015) - 269 hectares
QUARRY MATERIALS Supplementary EIA - 3.45 million m3 No mention of the quantities of explosive materials/explosive times, vibration etc., Impact on communities ? supplies for local and national requirement ? historical value - rock shelter monasteries
SOME ARGUMENTS 1. ABSENCE OF ADEQUATE ENVIRONMENTAL ASSESSMENT STUDIES No comprehensive EIA EIAs ignored size of the development- which keeps morphing /other developments use of natural resources/ production of waste EIA s themselves refer to permits they hope will be obtained No monitoring mechanism discussed Adequate alternatives not discussed original EIA (April 2011), was required by its Terms of Reference to consider, the extent of the proposed mining site, estimated reserves, access roads proposed to be used, types of vehicles to be used etc., -not addressed grant all licences / Amend existing Laws 2. SUSTAINABLE DEVELOPMENT Rio de Janeiro Declaration (1992) the right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations In order to achieve sustainable development, environmental protection shall constitute an integral part of the development processand cannot be considered in isolation from it Agreement already signed - Government has undertaken to Reviewing its own work? 3.BIAS a) University - initial EIA and Addendum, project consultant in the Supplementary EIA b) only international consultant in the Supplementary EIA private entity - commissioned by CCCC (or its subsidiary before)
ENVIRONMENTALPROTECTION ANDHUMANRIGHTS Proceedings terminated 7th July 2016 Powell and Rayner v UK strike a fair balance between the competing interests of the individual and the community Lopez Ostra v Spain nuisance and serious health problems regardless of fulfilling Spanish Laws Hatton and others v UK serious attempt to assess / evaluate the extent or impact of the interferences subject to recognition that the Petitioner may submit information on how the fishing community would be adversely affected
CONCLUSION Structure of laws sufficient? Poor public participation (language? Apathy?) Lack of capacity to carry out EIA? Lack of political will?
