environmental impact assessment in the slovak republic

Environmental Impact Assessment in the Slovak republic

Environmental Impact Assessment

LEGISLATIVE FRAMEWORK IN SLOVAKIA

• The act of the national council of the Slovak Republic No. 127/1994 Coll. on Environmental Impact Assessment, entered into force on 1 September, 1994• Public Notice of the Ministry of Environment of the Slovak republic No. 52/199 Coll. on the List of Professionals for Environmental Impact Assessment, entered into force on 1 April, 1995• Act No. 391/2000 Coll. act amending the Act of the National Council of the Slovak Republic No. 127/1994 on Environmental Impact Assessment, entered into force on 1 December, 2000

Environmental Impact Assessment in transboundary context in the Slovak Republic

•Date of ratification Espoo Convention by Slovak Republic: 18 November, 1999

•Come to force of Espoo Convention for Slovak Republic: 17 February, 2000

Environmental Impact AssessmentLEGISLATIVE FRAMEWORK IN EU

•Council Directive 85/337/EEC concerning EIA for public and private projects•Council Directive 97/11/EC concerning EIA for public and private projects Revision of Council Directive 85/337/EEC concerning EIA for public and private projects•Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC

Environmental Impact Assessment in the Slovak Republic

•The purpose of the Act No. 127/1994 is to ensure the procedure for the complete expert and public assessment of planned constructions, facilities and other activities determined under this Act before the decision on their permission under special provisions is given

• During 10 years department of EIA has assessed more than 1 800 planned constructions, facilities and other activities


Transposition and Implementation • Slovak legislation in the area of EIA is fully harmonized with Council directives including the implementation

• Ministry of Environment of SR, Department of EIA, is responsible for the implementation of EIA


• Ministry of environment• Proponent• Competent authority• Permission authority• Affected authority• Affected Municipality• Public• Experts• Civil association and Civil initiative

SEVEN STEPS OF SLOVAK EIA

• Submitting of intention - Preliminary environmental study

• Screening• Scoping and time schedule• Environmental Impact Statement• Public hearing• Expert review• Final record


PERMISSION AND CONTROL PROCESS

• EIA process in Slovak Republic is finishing by final record with push around character but not as a permission

•The Ministry in addition to the general assessment of the impacts of the proposed activity in the final record will state whether it recommends or not recommends the implementation of the activity, under which conditions, as well as the required scope of its monitoring and evaluation


•The permission process under the special regulations ensues after EIA process

•The permission authority cannot make a decision under the special regulations concerning the permission of the activity which is the subject of the assessment without the final record


• The final record must be taken into account in deciding on the permission of the activity and the requirements from final record should to incorporate into decision on the permission of the activity

•The permission authority will deliver the legally valid decision concerning the permission of the activity under the special regulations to the Ministry and to the competent authority. At the same time it will publish in an appropriate way the part of the decision that contains the verdict, as well as the substantive part of the explanation of the reasons for it

Strategic Environmental Assessment

LEGISLATIVE FRAMEWORK IN SR

• Strategic Environmental Assessment in Slovak Republic is included in the national Law No. 127/1994 on Environmental Impact Assessment (Article 35)

Strategic Environmental Assessment

LEGISLATIVE FRAMEWORK IN EU•Directive 2001/42/EC on the assessment of the Effects of Certain plans and Programmes on the Environment

Strategic Environmental Assessment in the Slovak Republic

•A proposal for

– substantial development policy, especially in the area of energy supply, mining, industry, transport, agriculture, forestry and water management, waste management and tourism,

– land use plan of great territorial region and residential settlements of selected places, especially the centres of a region, urban conservation areas, spas and particularly polluted localities

Strategic Environmental Assessment in the Slovak Republic•During 10 years department of EIA has assessed more substantial development documents such as

- policies (e.g. from fields energy, water management), plans (e.g. Conception of territorial development) and programs (e.g. from fields waste management)

- plans and programs for land-use planning (e.g. for great territorial region, big cities)

- legislation (acts from fields water management land-use planning)

Strategic Environmental Assessment in the Slovak Republic

Transposition and Implementation • Slovak legislation in the area of SEA is particularly harmonized with Council directive including the implementation

• Ministry of Environment of SR, Department of EIA, is responsible for the implementation of SEA

Environmental Impact Assessment and Strategic Environmental Assessment in the Slovak Republic

PLAN OF ACTIVITIES IN EIA AND SEA LEGISLATION

• New act on EIA is preparing by the MoE SR (Department of EIA), which it will be include EIA and SEA (for all plans, programs, policies and legislation) and it will be fully harmonized with all Council Directives in fields EIA and SEA (85/337/EEC, 97/11/EC, 2001/42/EC and other relating directives EU)• New act on EIA and SEA will be adopted during the year 2005

DRAFT OF NEW ACT ON EIA AND SEA

• Changes compared to the act nr. 127/1994 Z.z.a) moving of some competencies to regional levelb) establishment of detailed steps of SEAc) shortening of time termsd) changing of some tresholdse) detailed provisions of public participations

environmental impact assessment in the slovak republic

Documents