EIA Judicial Review

Jurisdiction	Project Monitoring	Citizen Administration Review	Citizen Judicial Review	Enforceability of EIA	Enforceability of Permit
Afghanistan	No	Yes	Yes	No	No
Australia - NSW	No	No	Yes	N/A	N/A
Belize	Sometimes	No	Yes	Yes	Yes
Bolivia	Yes	Yes	Yes	Yes	Yes
Botswana	Yes	Yes	Yes	Yes	Yes
Brazil	Yes	No	Yes	Yes	Yes
British Columbia, Canada	Yes	No	Yes	No	No
China	Yes	N/A	N/A	N/A	N/A
Colombia	Yes	Yes	Yes	Yes	Yes
Costa Rica	Yes	Yes	Yes	Yes	Yes
Dominican Republic	Yes	Yes	Yes	Yes	Yes
Ecuador	Yes	Yes	Yes	Yes	Yes
Egypt	Yes	N/A	N/A	N/A	N/A
Estonia	Yes	Yes	Yes	N/A	N/A
Eswatini (formerly Swaziland)	Yes	Yes	Yes	No	No
Fiji	Yes	Yes	N/A	N/A	N/A
Ghana	Yes	Yes	No	No	No
Guatemala	Yes	Yes	No	N/A	N/A
Guyana	Yes	Yes	Yes	N/A	N/A
Israel	Yes	Yes	Yes	No	No
Japan	Yes	No	Yes	No	No
Kenya	Yes	No	Yes	No	Yes
Korea	Yes	No	Yes	Yes	Yes
Laos PDR	Yes	No	Yes	Yes	Yes
Liberia	Yes	Yes	Yes	No	No
Malaysia	Yes	No	Yes	No	No
Maldives	Yes	No	Yes	No	No
Malta	Yes	Yes	Yes	No	No
Mexico	Yes	Yes	Yes	Yes	Yes
Myanmar	Yes	Yes	Yes	No	No
Namibia	Yes	Yes	Yes	No	No
Nepal	Yes	No	Yes	Yes	Yes
New Zealand	Yes	No	Yes	No	Yes
Nigeria	Yes	N/A	N/A	N/A	N/A
Pakistan	Yes	No	Yes	No	No
Pakistan-Balochistan Province	No	No	Yes	No	No
Peru	Yes	No	No	No	No
Philippines	Yes	Yes	Yes	No	Yes
Rwanda	Yes	No	N/A	N/A	N/A
Saudi Arabia	N/A	N/A	N/A	N/A	N/A
Scotland	Sometimes	No	Yes	No	No
South Africa	Yes	Yes	Yes	N/A	N/A
Spain	Yes	N/A	Yes	N/A	N/A
Sri Lanka	Yes	N/A	N/A	N/A	N/A
Taiwan	Yes	Yes	Yes	Yes	Yes
Tanzania	Yes	Yes	Yes	No	No
Trinidad & Tobago	Yes	No	Yes	Yes	Yes
Uganda	Yes	Yes	Yes	No	No
Ukraine	Sometimes	No	Yes	Yes	No
United Kingdom	No	No	Yes	No	No
United States	Sometimes	Yes	Yes	No	No
Venezuela	N/A	N/A	N/A	N/A	N/A
Vietnam	Yes	Yes	Yes	No	No
Wales	N/A	N/A	N/A	N/A	N/A
Zambia	Yes	Yes	Yes	No	No

Jurisdiction	AbridgedAssessmentsDetail	WhoConductsScreeningDetail	CriteriaForScreeningDetail	WhoPreparesEIADetail	WhoPaysForEIADetail	EIAContractorQualificationsDetail	ConflictOfInterestDetail	TermsOfReferenceDetail	AutomaticApprovalDetail	WrittenDecisionDetail	AuthorityToImposeConditionsDetail	ExpirationOfDecisionDetail	FinancialAssurancesOrBondDetail	InterdisciplinaryTeamDetail	RangeOfAlternativesDetail	NoActionAlternativeDetail	MitigationDetail	MonitoringPlansDetail	DraftEIAAvailableDetail	PublicNoticeOfFinalEIADetail	FinalEIAAvailableDetail	AvailabilityOfReferenceStudiesDetail	PublicNoticeOfFinalDecisionDetail	PublicScopingDetail	PublicReviewOfTorDetail	PublicMeetingsDetail	PublicInputAtMeetingDetail	PublicCommentsOnDraftEIADetail	PublicCommentsOnFinalEIADetail	ResponseToPublicCommentsDetail	FacilitationOfPublicParticipationDetail	CitizenAdministrativeReviewDetail	CitizenJudicialReviewDetail	ProjectMonitoringDetail	EnforceabilityOfEIADetail	EnforceabilityOfPermitDetail
Afghanistan	A project proponent may submit a preliminary assessment. The assessment is reviewed by NEPA and if the activity is not likely to cause significant impact, NEPA may authorize the activity - with or without conditions. Envt. Law, art. 14	"A person proposing to undertake a project, plan, policy or activity shall submit to the National Environmental Protection Agency accurate information to allow the [NEPA] to determine the potential adverse effects and positive impacts of the project, plan, policy or activity." Envt. Law, Art. 14. See also EIA Regulation 5 ("Before submitting an application, the applicant shall conduct a screening process and complete a screening report that is consistent with international best practice set out in Schedule III of these regulations and submit it to the [NEPA] to make a decision.")	No person may undertake an activity that is likely to cause significant impact to the environment without following applicable EIA procedures. Envt. Law, art. 13. Schedule I of the EIA Regulations contains categorization of activities.	The applicant for an environmental license must prepare the EIA in accordance with international best practice. Envt. Law, art. 14(2); EIA Regulation 7	"The costs incurred in preparing. . . an environmental impact statements. . .or a comprehensive mitigation plan shall be borne by the proponent of the project, plan, policy or activity. Envt. Law, art. 18					Under Regulation 9, the NEPA must submit a Certificate of Compliance that conforms with the standard outlined in Schedule IV.		"A permit granted will lapse in the event that the proponent fails to undertake the activity or implement the project, plan or policy for whihc the permit was granted within three years of the date of which the permit was granted." Envt. Law, art. 16(4); EIA Regulation 9			The EIA must include an assessment of "the likely environmental impacts and benefits of alternative means of carrying out the activity, including the preferred means and the alternative of not undertaking the activity at all." EIA Regulation 7(3)	In considering alternatives, the project proponent must assess "the alternative of not undertaking the activity at all." EIA Regulation 7(3)	The EIA must discuss "all relevant measures that could be undertaken to avoid, remedy or mitigate any significant adverse impacts that could be caused by the activity." EIA Regulation 7	The EIA must discuss "all relevant measures that will be taken to monitor the likely environmental impacts and benefits of implementation of the activity on affected persons." EIA Regulation 7		The project proponent is required to inform the public of the availability of the EIA through "advertising the document and displaying a copy of it for inspection" Envtl. Law, art. 19(3).	The project proponent is responsible for distributing copies of the EIA to affected individuals and displaying a copy for inspection. The EIA law does not require that the EIA be made available in easily accessible locations. Envt. Law, art. 19	Article 7 of the Environment Law guarantees the rights of citizens to access information held by the government, with some exceptions (e.g. personal information, commercially confidential information)	"After the [NEPA] has reviewed the conditions set forth in sub-article 3, the [NEPA] shall reach a decision and inform the public of that decision and make available any relevant documentation or information for public review." Envt. Law, Art. 19(4)	Members of the public "may" express their opinion on a proposed project, plan, policy or activity at the preliminary assessment (screening) phase. Envt Law, art. 19(1); see also EIA Regulation 6.		NEPA may not reach a decision until the proponent has demonstrated that it has "convened and recorded the proceedings of a public hearing." Envt. Law, art. 19	Individuals that are affected by a proposed plan may express opinions at the preliminary assessment stage, the environmental impact statement stage, the final record of opinion stage and the comprehensive mitigation plan stage. The proponent must demonstrate to the NEPA that "affected persons have had meaningful opportunities, through independent consultation and participation in public hearings, to express their opinions on these matters on a timely basis." Envt. Law, art. 19		The project proponent must distribute copies of the EIA to affected persons and publish notice indicating that the document is available for public review. Envt. Law, art. 19	The EIA must incorporate and describe the public participation process and identify the major issues that arose during the consultation process. It must also describe how these issues were incorporated into the assessment phase. EIA Regulation 7(4)		"Any person may within thirty (30) days of the granting or refusal of a permit, appeal the decision to the director-General of the National Environmental Protection Agency." Envt. Law, art. 17(1); EIA Regulation 10	Citizens have the right to appeal any decision rendered under the Environment Act. Envt. Law, arts. 7(9), 17(2), 19, 77	There do not appear to be provisions requiring NEPA to monitor whether the project proponent is complying with the terms of its permit.
Australia - NSW						No	s124A EPA provides for suspension of activities by the Minister or Court in circumstances where development consent is tainted by corruption. In addition the Local Government Act 1993 contains provisions on conflict of interest for any matter before a council			The consent authority must notify its decision to the applicant, any person who made submissions and any other person required in the regulations (s81(a) EPA). The notification must contain the information as set out in reg. 100 (EPAR). Although a requirement of writing is not mentioned, it may be inferred from the extensive requirements of notification. A consent authority that has not determined the application within the relevant period is taken to have refused consent (s82(1) EPA). The relevant period is 60 days for designated development, unless the submission period runs for longer then 30 days (reg 113(1)(b)(ii)).	YES: a consent authority may determine a development application by granting consent subject to conditions. Section 80A governs the imposition of conditions				Sch 2, cl 72(3) EPAR: An analysis of any feasible alternatives to the carrying out of the development or activity, having regard to its objectives, including the consequences of not carrying out the development or activity	See above, must consider the consequence of not carrying out the activity (EPAR sch2 cl 72(3))	YES: an EIS must include of the measures proposed to mitigate any adverse environmental affects (sch 2 pt 5 EPAR).	In relation to major projects of state environmental planning significance (Pt 3A EPA), a Minister may place conditions on a project requiring monitoring or environmental audits (s122C EPA).		YES: As soon as practicable after the development application is made, the development application (including EIS) must go on public exhibit and notice must be displayed clearly at the location of the proposed development (reg 79(1) EPAR) and published on two separate occasions in the newspaper (reg 80 EPAR). The Notice must state that the application and EIS may be inspected at designated places (reg 79(1)(e)(iv) EPAR).	YES: EIS are available to inspect at the public exhibition and are available by sale from the determining authority (reg 75 EPAR)		The consent authority must notify its decision to the applicant, any person who made submissions and any other person required in the regulations (s81(a) EPA).	No Mention						NO Mention: Following the submission period, the consent authority must forward all submission to the Director-General (reg 81 EPAR) and cannot make a determination until 21 days after the submissions have been forwarded (s80(9)(b) EPA). In determining a development application, the Authority must take into consideration any submissions (s79C(1)(d) EPA).		No	A person that has made a submission by way of objection under s79(5), may appeal to the court within 28 days of receiving notice (s81(3) EPA) of the decision (s98 EPA)	No
Belize	"The Departments shall determine or cause to be determined whether any of the undertakings, projects or activities specified in Schedule II require an environmental impact assessment or a limited level environmental study." EIA Regulations, sec. 8 (as amended by EIA (Amendment) Regulations, 2007, sec. 4). A Limited Level Environmental Study "means a study used for the prediction, evaluation, estimation and communication of the possible environmental effects of some proposed projects . . . where it is the opinion of the Department that the project . . . could have some negative impacts on the environment. The terms of reference for a Limited Level Environmental Study can be limited and nature and should not be as comprehensive as that for an EIA." EIA Regulations, sec. 2 (as amended by sec. 2 of EIA (Amendment) Regulations, 2007)	"The Departments shall determine or cause to be determined whether any of the undertakings, projects or activities specified in Schedule II require an environmental impact assessment or a limited level environmental study." EIA Regulations, sec. 8 (as amended by sec. 4 EIA (Amendment) Regulations). See also sec. 14 (Department has 30 days to conduct screening)	"All undertakings, projects, or activities specified in Schedule I shall require an environmental impact assesment." EIA Regulations, sec. 7. An EIA for activities listed in Schedule II are discretionary, and determined by the Departments. EIA Regulations, sec. 8. Schedule III describes guidlines for when Schedule II activities might need envrionmental clearance. EIA Regulations, sec. 9 (as amended by EIA (Amendment) Regulations, 2007, sec. 5) describe categories of projects that do not require an EIA, including educational and health projects and government projects during declared national emergencies. Aside from categories, factors for screening include environmental impacts, economic benefits, and more. EIA Regulations, sec. 26(1) (as amended by EIA (Amendment) Regulations, 2020, sec. 9). See also Environmental Protection Act, sec. 20(1) (EIA required if project may cause significant environmental impact).	The developer shall: undertake the necessary study for the preparation of an environmental impact assessment or a limited level environmental study; and submit the environmental impact assessment or a limited level environmental study to the Department by the prescribed date. EIA Regulations sec. 13(3) (as amended by EIA (Amendment) Regulations, 2007, sec. 8); see also EIA Regulations, sec. 17.	EIA Regulations, secs. 13(3); 17 (developer responsible for preparing EIA - implies that developer bears the costs of preparation)			"Whenever the Department determines that there is a need for an environmental impact assessment on a project, the environmental impact assessment process shall include: the preparation of the terms of reference" EIA Regulations, sec. 6 (as amended by EIA (Amendment) Regulations, 2007, sec. 3). See also, EIA Regulations, secs. 15-17.	"Until the developer is advised under sub-regulation (1), the developer shall not commence or proceed with the undertaking." EIA Regulations, sec. 22(2).	There is no requirement in the Act or regulations, but a written decision is issued in practice.	"The Department may approve an environmental impact assessment or a limited level environmental study subject to such conditions as may be specified by the Department, including a requirement for the Developer to sign an Environmental Compliance Plan (ECP) that meets the approval of the Committee, containing the conditions specified by the Department, and the payment of an environmental monitoring fee." EIA Regulations, sec. 22A(1) (as amended by EIA (Amendment) Regulations, 2007, sec. 13; EIA (Amendment) Regulations, 2020, sec. 6; EIA (Amendment) (No. 2) Regulations, 2020, sec. 3	The Act and regulations do not specify how long the environmental clearance is valid.	Section 30 of the EIA Regulations (as amended by EIA (Amendment) Regulations, 2007, sec. 18) ("The Department may, from time to time, make such arrangements as appear appropriate to secure that the developer complies with the terms and conditions of environmental compliance plan under the Regulation made under the principal Act, and in particular may require performance bonds or guarantees at an appropriate level in respect of that compliance.")	This aspect is not discussed in the EIA law or regulations.	An EIA must include "all reasonable alternatives in comparative form, exploring each alternative, including the no-action alternative, and the reason why certain alternatives were recommended or eliminated." EIA Regulations, sec. 19(i); see also Environmental Protection Act, sec. 20(3)	An EIA must include "all reasonable alternatives in comparative form, exploring each alternative, including the no-action alternative, and the reason why certain alternatives were recommended or eliminated." EIA Regulations, sec. 19(i)	"An environmental impact assessment shall include . . . an identification and description of measures available to mitigate the adverse environmental impacts of proposed activity or activities and assessment of those mitigative measures." EIA Regulations, sec. 5.	"A report of an environmental impact assessment shall include . . . [a] monitoring plan" EIA Regulations, sec. 19(l). See also Procedures Manual for the Preparation of an Environmental Impact Assessment (EIA) Belize, p. 35.		After the Department has examined a submitted EIA to determine whether it complies with the previously-agreed terms of reference, the developer must publish a notice "in at least two widely circulated newspapers for two consecutive weeks." EIA Regulations, sec. 20	The notice of the EIA's availability must "nam[e] a place where a copy of the environmental impact assessment may be inspected free of charge." EIA Regulations, sec. 20(1). The Department of the Environment posts EIAs on its website for public access.	It may be possible to request supporting studies and data through the Freedom of Information Act; however, the response times are so long that access to information is effectively meaningless. See Laura Neuman & Richard Callan, Making the Access to Information Law Work, Carter Center at 6 (2007), https://gsdrc.org/document-library/making-the-access-to-information-law-work-the-challenges-of-implementation/ ("Belize passed its Freedom of Information law in 1994, one of the first countries in Latin America and the Caribbean to do so. It was accomplished with little public or parliamentary debate and no civil society involvement. For the past decade the law has been used only a handful of times, and rarely with success.")	Notice occurs in practice, but there is no requirement in the Act or regulations	"The scope and extent of the environmental impact assessment shall be determined by the Department." EIA Regulations, sec. 7		"The Department, on the recommendation of the National Environmental Appraisal Committee, may require a public hearing or public consultation in respect of any undertaking, project or activity in respect of which an environmental impact assessment is required pursuant to these regulations." EIA Regulations, sec. 24(1) (as amended by EIA (Amendment) Regulations, 2007, sec. 14). See EIA Regulations, sec. 24(2) for factors the Department shall consider in its decision.	A public hearing is focused on giving the "general public the opportunity to be heard, to present their arguments, testimony or opinions." EIA Regulations, sec. 2 (as amended by EIA (Amendment) Regulations, 2007, sec. 2).		At any time during an environmental impact assessment of a proposed undertaking the Department may invite written comments from interested persons concerning the environmental impact of an undertaking. EIA Regulations, sec. 18(2); see also definitions of "public consultation" and "public hearing."	The National Environmental Appraisal Committee shall take public comments into consideration during assessment of a project. EIA Regulations, sec. 26(1)(c). In terms of providing responses to public comments, the Department has discretion to decide whether to forward comments received from the public to the developer. If the comments are provided to the developer, however, it must "answer pertinent questions raised." EIA Regulations, sec. 18(3), as amended by EIA (Amendment) Regulations, sec. 10.		Opportunities for administrative review of the Department's decision are limited to the project developer only. EIA Regulations, sec. 27 (as amended by EIA (Amendment) Regulations, 2007, sec. 16.	Citizens may apply to the court to seek review of the decision of a public body. Judicial review does not allow courts to substitute their own decisions for that of the public body but the courts can review the legality of a decision, where for instance the decision-maker failed to take into account relevant considerations. Standing requirements for judicial review are wide and inclusive for Belize.	"The Department may, from time to time, make such arrangements as appear appropriate to secure that the developer complies with the terms and conditions of environmental compliance plan under the Regulation made under the principal Act, and in particular may require performance bonds or guarantees at an appropriate level in respect of that compliance." EIA Regulations, sec. 30 (as amended by EIA (Amendment) Regulations, 2007, sec. 18); See also EIA Preparers Manual, Parts V and VII. There is some question whether monitoring actually occurs in practice.	See BELPO v. Dept. of the Environment (http://www.elaw.org/node/3607)	See BELPO v. Dept. of the Environment (http://www.elaw.org/node/3607)
Bolivia	Category 3 and 4 projects do not need a full EIA. EIA Regulations, Articles 15, 17. Category 3 projects only require mitigation and monitoring plan (Category 4 projects are completely exempt). The project proponent applies to the Authority for a screening decision to determine if an EIA is required. EIA Regulations, Article 39.	Environmental Act No. 1333, Article 27	During the Scoping process, project proponents must present a “Ficha Ambiental” (Environmental Factsheet) with information on the possible impacts of the project to the environment according to a specific methodology. If the authority considers that the project will cause significant environmental impact in one or more elements of the environment it will require the presentation of an EIA. The regulations list some projects that do not require a full EIA. See EIA Regulations, Articles 15, 16, 17. Article 16 offers a full list of factors to determine whether an EIA is required.	EIA Regulations, Articles 38, 51	EIA Regulations, Articles 38	There is a registration system for EIA contractors. EIA Regulations, Article 36. The National Regulations for Registration of Environmental Consultancy establishes the qualifications and registration requirements for EIA contractors. See http://jcmendo.com/doc/legislaciones/17.Reglamento%20de%20Registro%20de%20Consultoria%20Ambiental.pdf		The Terms of Reference will be established by the Competent Environmental Authority and shall define the purpose and scope of the environmental audit process. EIA Regulations Articles 111, 112.	If the Authority does not make a decision within the time limits specified in the law, the project is deemed to have been approved. The mitigation measures proposed in the EIA will work as if they had been approved and established by the Authority. EIA Regulations, Article 79	The EIA Regulations do not explicitly specify whether the decisionmaker must issue a written decision (See Article 78). However, Article 83 of the EIA Regulations implies that the DIA (final decision) is a written decision.	The Declaration of Environmental Impact constitutes the environmental license for a project, work or activity and sets out the environmental conditions that must be met. EIA Regulations, Article 81	The 10 year validity period is established by the General Regulations on Environmental Management, Article 61. If the project is suspended for more than one year, the project proponent must present an updated study of current environmental conditions to, if it is the case, update the proposed mitigation measures before re-starting the project. EIA Regulations, Article 90		The environmental impact assessment report must include the information about the interdisciplinary team who participated in the preparation of the report. EIA Regulations, Article 34.	The EIA Regulations require project proponents to include a proposal of alternatives in the environmental impact assessment report. See EIA Regulations, Article 23(g). The Environmental Factsheet also requires to include a description of alternatives. EIA Regulations, Article 22.		The project proponent must include a mitigation proposal and projected costs in the environmental impact assessment report. It shall also include a prevention and mitigation program in the report. EIA Regulations, Article 23 (g) (h) (i). See also EIA Regulations, Articles 29, 30 and 59.	Each EIA must contain a monitoring plan, which must be included in the environmental permit. See EIA Regulations, Article 92		There are no provisions in the law requiring the public to be notified; however, authorities may provide notice in practice.	Final EIAs are available at the office in charge of carrying out the EIA process. EIA Regulations, Article 163	There is no reference in the EIA law or regulations guaranteeing public access to supporting data and studies.	"A summary of the DIA [decision] will be posted on a bulletin and will be available in the prefectures in the relevant sector agencies and municipal governments." EIA Regulations, Article 88	Interested persons may submit information and contact the relevant authorities during the screening process about the project categorization, or to provide information about the impacts such project will have on the environment. EIA Regulations Art. 161		During the identification of impacts phase, the project developer shall carry out a public consultation to take into account comments, suggestions and recommendations from members of the public that may be affected by the implementation of the project, work or activity. EIA Regulations, Articles 162 & 165.	EIA Regulations, Articles 162 and 165		EIA Regulations, Articles 162 and 164	The authority must take into consideration comments that have been submitted by the public if it determines that the comments have a technical and legal basis. EIA Regulations, Article 164		Any natural or legal person, public or private, who is considered to be affected by the categorization, rejection of the EIA by the Competent Environmental Authority, may appeal to the hierarchical superior. EIA Regulations, Art. 172.	Citizens can seek judicial review from administrative decisions in the Courts, in accordance to the Code of Civil Procedure.	The Environmental Implementation and Monitoring Plan is the official instrument to verify compliance of the project with the measures included in the environmental permit. EIA Regulations. Art. 149. The environmental authorities may also conduct site visits to verify compliance with the DIA [approval decision]. See EIA Regulations, Arts. 95 and 153.	Citizens may file complaints (denuncias) before the authority about the lack of compliance of the EIA. EIA Regulations, Article 166. However, any person or organization that files a complaint is liable for any injury or damages the complaint might cause. Article 85 of General Regulations for Environmental Management (http://www.lexivox.org//norms/BO-RE-DS24176A.html)	Citizens may file complaints (denuncias) before the environmental authority about the lack of compliance of the EIA. EIA Regulations, Article 166. Any person or organization that files a complaint is liable for any injury or damages the complaint might cause. Article 85 of General Regulations for Environmental Management (http://www.lexivox.org//norms/BO-RE-DS24176A.html)
Botswana	"The competent authority may upon receipt of an application [to obtain authorisation for a proposed activity] or at its own discretion request the developer to submit an environmental management plan." EIA Act, sec. 6(5). The purpose of the environmental management plan is described further in the EIA Regulations: "An EMP will usually be necessary where the proposed project does not qualify for the undertaking of a detailed environmental impact assessment study, but by virtue of the associated impacts would require the development of an environmental management programme to manage the implementation of the project. The EMP may also be required for projects which were implemented prior to the enactment of the EIA legislation but would have otherwise required a detailed assessment prior to their implementation." EIA Regulations, Schedule 2 - Form B.	"Where the competent authority determines that the proposed activity is likely to have a significant adverse environmental impact, it shall require that such activity undergo an environmental impact assessment or a strategic environmental assessment, the costs of which shall be borne by the developer." EIA Act, sec. 9(1)	"Where the competent authority determines that the proposed activity is likely to have a significant adverse environmental impact, it shall require that such activity undergo an environmental impact assessment or a strategic environmental assessment, the costs of which shall be borne by the developer." EIA Act, sec. 9(1)	"Where the competent authority determines that an environmental impact assessment, environmental management plan or a strategic environmental assessment be made . . . the developer shall, before undertaking or implementing the activity, engage a practitioner to prepare a statement which shall be submitted by the developer to the competent authority within the period of time prescribed in the approved terms of reference." EIA Act, sec. 9(3)	"Where the competent authority determines that the proposed activity is likely to have a significant adverse environmental impact, it shall require that such activity undergo an environmental impact assessment or a strategic environmental assessment, the costs of which shall be borne by the developer." EIA Act, sec. 9(1)	"A person shall not practise as an Environmental Impact Assessment Practitioner unless such person is registered and certified under this Act." EIA Act, sec. 37. The Act establishes a Environmental Assessment Practitioners Board, which is responsible for "establishing criteria (education, professional experience, competency and continued professional development requirements) and procedures for registration of [EIA] practitioners. . . ." EIA Act, sec. 24. See also EIA Regulations, Schedule 4, Form B	"A practitioner shall not engage in a consultancy where the engagement in the consultancy may give rise to a conflict of interest." EIA Act, sec. 64(1). Conflicts of interest (or those likely to arise) must be disclosed to the Ministry. If the practitioner violates the conflict of interest provisions, he or she is subject to a fine and/or imprisonment of up to 3 months. EIA Act, sec. 64(3). "Environmental Assessment Practitioners will inform a prospective client or employer of any professional or personal interests which may impair the objectivity of their work." EIA Regulations, Schedule 4, Form F(vi).	"Where, upon a consideration of all the information submitted by the applicant, the competent authority decides that an environmental impact assessment is required, the authority shall inform the applicant, in writing, to prepare terms of reference for the environmental impact assessment." EIA Act, sec. 8(1); see also sec. 2 (defining "terms of reference") and EIA Regulations, Schedule 2, Form D (describing required content of terms of reference document)		EIA Act, sec. 12	"Where the competent authority’s review of the statement is complete, the competent authority shall. . . grant authorisation to the developer, on such terms and conditions as the competent authority considers necessary." EIA Act, sec. 12(1)(a)	"An authorisation granted under [this Act] shall be valid for such period as may be stipulated therein and may be subject to renewal at the end of such period." EIA Act, sec. 14	This requirement is not addressed in the EIA law or regulations	This criteria is not addressed in the EIA law or regulations.	EIA Regulations, Schedule 2, Form E(j) (describing minimum content of EIA document)	EIA Regulations, Schedule 2, Form E (describing minimum content of EIA document)	The requirement to include mitigation measures is described in detail in Schedule 2, Form E, subsection K of the EIA Regulations. The Form states, in part: "Feasible and cost-effective measures which will reduce potential environmentally significant impacts to acceptable levels should be proposed including capital and recurrent costs, and institutional and training requirements of those measures estimated. There should be clear responsibility for the proposed actions stated, timelines given for implementing the measures and an estimated cost provided. Mitigation is an encompassing term to denote actions that serve to avoid, reduce or compensate for adverse impacts and promote or increase the beneficial impacts of a project."	"The competent authority may, in issuing an authorisation, prescribe, in writing, specific requirements for monitoring during and after implementation of the proposed activity, by the technical departments, local authorities and the developer." EIA Act, sec. 12(3); but see EIA Regulations, Schedule 2, Form E(m) ("The consulting team will, on the developer’s behalf, design a monitoring plan that is workable. A monitoring scheme for any project is designed to, among other things, check the compliance of the activities of the project against set standards and regulations."). The Regulations suggest that monitoring plans are a required feature of the Botswana EIA process.		"Where the [environmental impact] statement complies with the requirements prescribed by the Minister, the competent authority shall. . . place, at the developer’s expense, a notification in the Gazette and in a newspaper circulating at least once weekly using the official languages, for four consecutive weeks, inviting comments or objections from those persons who are most likely to be affected by the proposed activity." EIA Act, sec. 10(2)	"(1) Any terms of reference, statement, report, decision or any other documents referred to under this Act shall be a public document. (2) The competent authority shall maintain a register of public documents referred to under subsection (1), which shall be open for public inspection." EIA Act, sec. 62	"(1) Any terms of reference, statement, report, decision or any other documents referred to under this Act shall be a public document. (2) The competent authority shall maintain a register of public documents referred to under subsection (1), which shall be open for public inspection." EIA Act, sec. 62	"(1) Any terms of reference, statement, report, decision or any other documents referred to under this Act shall be a public document. (2) The competent authority shall maintain a register of public documents referred to under subsection (1), which shall be open for public inspection." EIA Act, sec. 62	The EIA practitioner shall "hold[] meetings with the affected people or communities to explain the nature of the activity and its effects." EIA Act, sec. 7(2)(b); see also sec. 2 (defining "scoping")	Although a scoping exercise is conducted prior to preparing the terms of reference, it does not appear from the Act or Regulations that members of the public have the opportunity to review or comment on the terms of reference before it is approved. See EIA Act, sec. 8 (terms of reference procedure)	"The competent authority may hold a public hearing if — (a) after examining the statement, the competent authority is of the opinion that the activity is of such a nature that the public should have the opportunity to make submissions or comments at a public hearing; or (b) the public concern over the activity is that the activity may have a significant adverse impact on the environment." EIA Act, sec. 11(1)	"The competent authority shall, in conducting a public hearing referred to in section 11 of the Act, invite comments from the public." EIA Regulations, sec. 9(1)	A draft EIA is not prepared.	"Where the [environmental impact] statement complies with the requirements prescribed by the Minister, the competent authority shall. . . place, at the developer’s expense, a notification in the Gazette and in a newspaper circulating at least once weekly using the official languages, for four consecutive weeks, inviting comments or objections from those persons who are most likely to be affected by the proposed activity." Section 10(2)(a) of the Act.	"In assessing applications for an authorisation under this Act, and in making a decision as to whether it ought to issue or renew an authorisation under this Act, the competent authority shall take into account. . . the comments and objections of interested persons and the public." EIA Act, sec. 17, see also sec. 10(2)(b)	The law contains two provisions that can be seen as promoting public participation from particular groups. First pertains to notice of the availability of the EIA for public comment. Notification must be published in the official Gazette and in a newspaper circulating at least once weekly using the official languages. The notice must include information describing: (i) nature and magnitude of the activity, (ii) location of the activity, (iii) anticipated environmental impact of the activity, and (iv) proposed mitigation measures to respond to the negative environmental impact. . . ." EIA Act, sec. 10(2)(a). The second provision pertains to the location of public hearings: "The public hearing shall be convened at a venue which is convenient and accessible to persons who are likely to be specifically affected by the proposed activity." EIA Regulations, sec. 9(3)	The law contains two provisions that can be seen as promoting public participation from particular groups. First pertains to notice of the availability of the EIA for public comment. Notification must be published in the official Gazette and in a newspaper circulating at least once weekly using the official languages. The notice must include information describing: (i) nature and magnitude of the activity, (ii) location of the activity, (iii) anticipated environmental impact of the activity, and (iv) proposed mitigation measures to respond to the negative environmental impact. . . ." EIA Act, sec. 10(2)(a). The second provision pertains to the location of public hearings: "The public hearing shall be convened at a venue which is convenient and accessible to persons who are likely to be specifically affected by the proposed activity." EIA Regulations, sec. 9(3)	"A person aggrieved by a decision of the competent authority may appeal to the Appeals Committee within 30 days of receiving the decision of the competent authority." EIA Act, sec. 13(1)	"The relevant technical department, local authority or developer, shall, during and after implementation of an activity, monitor the implementation of the activity to determine compliance with the agreed mitigation measures." EIA Act, sec. 18(1)	Enforcement might be possible - "If a person alleges that any provision of this Act has been, is being, or is likely to be contravened in relation to him or her, or any other person or group of persons who have a substantial interest, that person may apply to the High Court for redress." EIA Act, sec. 61	Enforcement might be possible - "If a person alleges that any provision of this Act has been, is being, or is likely to be contravened in relation to him or her, or any other person or group of persons who have a substantial interest, that person may apply to the High Court for redress." EIA Act, sec. 61
Brazil	The national EIA system does not allow for abridged assessments, but several states use simplified environmental studies such as: Simplified Environmental Report; Environmental Feasibility Report; Environmental Assessment Report; Environmental Control Report; and Environmental Feasibility Study.		"In order to ensure the effectiveness of this right [to an ecologically balanced environment], it is incumbent upon the Government to. . . demand in the manner prescribed by law, for the installation of works and activities which may potentially cause significant degradation of the environment, a prior environmental impact study, which shall be made public[.]" Federal Constitution Chapter VI, Article 225, para. 1(4). Lists and appendices of project types are located in Annex I of the National Environment Council’s (CONAMA) Resolution 237/97 and in other State’s Regulatory Instructions and Ordinances.	Studies required for the licensing process should be conducted by professionals legally qualified at the expense of the project proponent. Project proponents and professionals that subscribe to the studies referred shall be responsible for the information submitted, subject to administrative sanctions, civil and criminal. CONAMA Resolution 237/87, Art. 11	The Project Proponent is responsible for all costs and expenses related to the completion of the environmental impact assessment. CONAMA Resolution 01/86, Art. 8	Studies required for the licensing process should be conducted by professionals legally qualified at the expense of the project proponent. Project proponents and professionals that subscribe to the studies referred shall be responsible for the information submitted, subject to administrative sanctions, civil and criminal. CONAMA Resolution 237/87, Art. 11		The project proponent drafts the terms of reference based on the Terms of Reference Standard for the specific type of project, posted on the website of IBAMA. The TOR must be resolved within 60 days from the start of the process. Regulatory Instruction 184, Articles 8, 11		The Brazilian Institute on the Environment and Renewable Resources (IBAMA) will issue a Conclusive Technical Opinion on the environmental feasibility of the project and send this to the President of IBAMA. The technical opinion will be made available on the IBAMA’s website. The last step of the licensing process is the Approval or rejection of the license application, giving appropriate publicity to the decision. CONAMA Resolution 237/97, Section VII, Art. 10	One of three types of licenses (preliminary, installation, operational) may be issued. In each instance, the government has authority to include conditions or environmental control measures with the decision. CONAMA Resolution 237/97, Art. 8	Preliminary License (LP): maximum 5 years; Installation License (LI): maximum 6 years; Operating License (LO): 4-10 years. CONAMA Resolution 237/97, Art. 18				Although the law requires evaluation of a no action alternative, it is not implemented well in practice.	The environmental impact study will develop at least the following technical activities: * * * Definition of mitigation measures aimed to reduce the negative impacts, including control equipment and systems for treating sewage, evaluating the efficiency of each. CONAMA Resolution 237/97, Article 6(III)	The EIA must include a program to monitor and track of positive and negative impacts, indicating the factors and parameters to be evaluated. CONAMA Resolution 237/97, Article 6(IV)												In the decision to grant or deny the environmental permit, the environmental agency should take into consideration the observations made by the public during the process of impact assessment. There is the possibility, based on the comments made, that further studies may be required of the project proponent.			Generally the courts analyze formal aspects, not going into the merits of the decision.	Monitoring is conducted by the environmental agency, which generally has few financial conditions and materials to implement it appropriately. Typically the environmental agency relies on information submitted by the project developer, which is a problem.	Although the option of private enforcement of the license or the EIA requirements exists, it is costly and would likely not be effective.	Although the option of private enforcement of the license or the EIA requirements exists, it is costly and would likely not be effective.
British Columbia, Canada	"Class Assessments" are a streamlined EA process to assess the potential environmental, economic, social, cultural, or health effects of a specified category or group of reviewable projects. This practice does not seem to be fully developed or implemented in British Columbia. See EA Act, sec. 34; EAO User Guide, sec. 1.5.3 ("Typically, a class assessment is applied to routine or recurring projects that are well-defined, with anticipated impacts that are predictable or well understood, and relatively easily managed through standard mitigation measures.")	See Reviewable Projects Regulation (available at https://www.bclaws.ca/civix/document/id/complete/statreg/243_2019)	Projects that are subject to environmental assessment are listed in the Reviewable Projects Regulation (available at https://www.bclaws.ca/civix/document/id/complete/statreg/243_2019). Also, the minister may by designate a proposed project as reviewable if the impacts are comparable to listed reviewable projects or if the project could have effects on an Indigenous nation and the rights recognized and affirmed by section 35 of the Constitution Act, 198. EA Act, secs. 11, 12.	The EA Act is not entirely clear, but it appears that the project proponent is responsible for preparing an application, which includes the environmental assessment. See also EAO User Guide, sec. 8.1 ("The proponent is responsible for preparing their Application as instructed in the Process Order but will engage the EAO, participating Indigenous nations, and Advisory Committee members to provide feedback during application development.")	EA Act, sec. 47.			The TOR is called a "process order" and is described in sec. 19(2) of the EA Act.		Ministers issue an Environmental Assessment Certificate. EA Act, sec. 29(4)	The Ministers must "issue an environmental assessment certificate to the proponent and attach any conditions to the certificate that the ministers consider necessary, including, without limitation, conditions respecting payments to be made for initiatives to mitigate effects of the project." EA Act, sec. 29(4)	EA Act. sec. 30.	The environmental assessment certificate may include "conditions to the certificate that the ministers consider necessary, including, without limitation, conditions respecting payments to be made for initiatives to mitigate effects of the project." EA Act, sec. 29(4).		The environmental assessment must consider "alternative means of carrying out the project that are technically and economically feasible, including through the use of the best available technologies, and the potential effects, risks and uncertainties of those alternatives[.]" EA Act, sec. 25(2)(i).	Although alternatives must be included, there is no requirement that there be a "no action" alternative.	EA Act, sec. 25(2)	Monitoring plans are not expressly required by the EA Act. It is likely they are included in practice, however.	EA Act, sec. 27(2)	On completion of the assessment, the the chief executive assessment officer or assessment body must publish a summary report of the assessment process and a draft environmental assessment certificate. EA Act, sec. 28(2). The public has 30 days to comment on these documents.	The final EIA is likely made available on the Environmental Project Information Centre site: https://www.projects.eao.gov.bc.ca/	B.C. Reg. 373/2002 (Public Consultation Policy Regulation), sec. 6	B.C. Reg. 373/2002 (Public Consultation Policy Regulation), sec. 6(1)(c)	Under early engagement, the chief executive assessment officer must publish a description of the proposed project and engagement plan for at least 30 days and, during that period, invite comment from the public on the description. EA Act, sec.16(4).	Before making a process order describing the scope of the assessment and other factors, the chief executive assessment officer must publish the proposed order for at least 30 days and, during that period, invite comment from the public on the proposed order." EA Act, sec. 19(5)	Although the EA Act does not require public meetings or hearings, public engagement plans are developed for each project. The EAO User Guide indicates that public engagement may include in-person or online mechanisms to gather input. EA Act, sec. 27(2)(a); EAO User Guide, sec. 3.3.	Although the EA Act does not require public meetings or hearings, public engagement plans are developed for each project. The EAO User Guide indicates that public engagement may include in-person or online mechanisms to gather input. EA Act, sec. 27(2)(a); EAO User Guide, sec. 3.3.	EA Act, sec. 27(2)	The public has an opportunity to comment on an environmental assessment summary report and draft environmental assessment certificate, but not the final/revised environmental assessment. EA Act. sec. 28(2).	"On completion of the assessment, the chief executive assessment officer or assessment body, as applicable, must consider the public comments received and prepare final versions of the documents referred to in paragraph (a), adjusting those documents as the chief executive assessment officer or assessment body, as applicable, considers appropriate." EA Act, sec. 28(2).	There are provisions to encourage participation from First Nations. See, e.g., EA Act, secs. 14, 19, 22, 28. The project proponent may be required to provide funds to defray the costs incurred by First Nations to participate in the assessment process and/or engage in monitoring. EA Act, sec. 41.		Only if there are legal grounds to support judicial review through the Judicial Review Procedure Act.	"The holder of an environmental assessment certificate must, in accordance with the direction of the chief executive assessment officer, report to the chief executive assessment officer respecting the effectiveness of mitigation measures specified in the certificate." EA Act, sec. 30; see also Part 7 (Compliance and Enforcement).
China	Certain government plans (e.g. land use) need only an "explanation of environmental effects" within the plan. EIA Law, Art. 7. Projects are classified into three categories based on the potential environmental impact, and two of the three categories allow abridged assessment if projects are anticipated to have "mild" or "very little" impact. EIA Law, Art. 16(2), (3)	A project proponent (termed "construction unit" in the law) files a registration form describing the anticipated environmental effects. Depending on the severity of the effects, the State determines what level of assessment is required. EIA Law, Art. 16. There is also a published catalogue of construction projects. Id.	"[W]here considerable effects may be exerted on the environment preparing a written report on environmental effects, in which a comprehensive evaluation of the effects on the environment shall be made[.]" EIA Law, Art. 16(1).			"The institutions to be entrusted with the provision of technical services for evaluation of the environmental effects of construction projects shall be the ones which are considered qualified after appraisal and examination by the competent administrative department for environmental protection under the State Council, to which the said department has issued qualification certificates." EIA Law, Art. 19	"No institutions providing technical services for the evaluation of the environmental effects of construction projects may have any relations of interest with the competent administrative department for environmental protection that is in charge of examination and approval . . . " EIA Law, Art. 19. See also Art. 28 & 29 (liability for fraud or negligence of duty). Where an EIR is inconsistent with facts due to any consultant's fraud punishments apply to the person in charge and other personnel with responsibilities in conformity with legal provisions. Regs. Arts. 31-34			EIA Law, Art. 22	The EIA Law does not expressly provide authority, but states that the project proponent "shall simultaneously implement the measures for project of the environment contained in the comments and suggestions put forth by the examination and approval department. . . [.]" EIA Law, Art. 26	After 5 years, the project proponent must submit the original EIA to the examination department for "verification anew." The examination department has 10 days to conduct this verification. EIA Law, Art. 24		Unknown. May be specified in technical guidance	Unknown. May be specified in technical guidance		Government plans shall contain "the ways and measures put forth for preventing or mitigating the adverse effects on the environment. . . ." EIA Law, Art. 7. For private projects, the EIA must contain "protective measures for the environment" and (where applicable) a "plan for soil and water conservation." EIA Law, Art. 17.	The EIA must contain "a proposal for monitoring the environment of the construction project[.]" EIA Law, Art. 17(6)	Project proponent must solicit public comment before the EIA is submitted to the authority. EIA, Law Art. 21		EIA Law, Art. 21.					"Except where secrets need to be guarded . . .[the project proponent shall] hold demonstration meetings or hearings, or solicit in other forms the comments and suggestions from. . . the public on the written report." EIA Law, Art, 21	If a meeting is held, the project proponent must solicit comments and suggestions from the public on the written report. EIA Law, Art, 21	Project proponent must solicit comments and suggestions from the public on the written report. EIA Law, Art, 21	It does not appear that members of the public have an opportunity to comment on the EIA report once it has been finalized and submitted to the relevant authority.	The project proponent must include an explanation of whether the opinions of relevant entities, experts and the general public on the draft EIA were accepted or rejected. EIA law Art. 21. The EIA Law, however, does not require authorities to consider public comments when deciding whether to approve a project. There may be additional guidance in technical regulations not available on the internet.				If, in the process of building or operating a project, any circumstance is inconsistent with the EIA, the construction entity shall organize a post-appraisal of the environmental impacts, and take measures for improvement. EIA Law, Art. 27. In addition, authorities must conduct follow-up inspections of the environmental effects of a project after it is put into production or use. If serious pollution has occurred, the causes shall be ascertained and responsibility shall be investigated. EIA Law, Art. 28
Colombia			Only projects, works and activities that are listed in articles 8 and 9 of Decree 2041 will be subject to environmental license procedure. Decree 2041, Art. 7			Article 224 of the National Development Plan (Act 1450 of 2011) requires the national government to establish qualifications for persons or corporations that produce environmental impact studies, environmental assessments of alternatives, and environmental management plans. The qualification and registration system has not yet been implemented, however.		The terms of reference are general guidelines that the environmental authority establishes for the preparation and execution of the environmental studies. Law 1753, Art. 178; Decree 2041, Art. 14.		Issuance of an environmental license is an administrative act; therefore, it must be in writing.	Decree 2041 of 2014, Article 28(6)	"The environmental permit is granted for the life of the project, work or activity and covering all phases of construction, installation, operation, maintenance, decommissioning, final restoration, abandonment and/or termination." Decree 2041 of 2014, Art. 6	Financial assurances are mandatory for all human activities that can cause damage to the environment and that require environmental license, according to the law and the regulations. In practice, however, the law is not implemented well. Law 491 of 1999, Art. 3.	In practice, EIA documents are prepared by an interdisciplinary team though not specifically required by the EIA law and regulations.	The Environmental Assessment of Alternatives (DAA) "aims to provide information to evaluate and compare the various options presented by the proponent, under which it is possible to develop a project, work or activity. Different options should take into account the geographical, the biotic, abiotic and socioeconomic, comparative analysis of the effects and risks inherent in the work or activity, as well as possible solutions and control and mitigation measures for each of the alternatives." Decree 2041 of 2014, Article 17.	Evaluation of a no action alternative is not discussed in the law.	Decree 2041 of 2014, Art. 21	Decree 2041 of 2014, Art. 21		Upon receiving an application for an environmental license and EIA, the environmental authority must immediately publish notice in the bulletin. Decree 2041 of 2014, Art. 25		Reference studies and supporting document may be requested based on the right of access to information that is enshrined in the Constitution. In addition Article 49 of Decree 2041 states that the Institute of Hydrology, Meteorology and Environmental Studies (IDEAM), shall make available environmental information for decision making that has been generated as part of the studies and the monitoring and evaluation activities within the environmental licensing process. Environmental authorities should periodically provide information on the matter received or generated by themselves, according to the guidelines established by IDEAM.	The notice is published in the environmental gazette, plus the official journal. In addition, the decision is disclosed to stakeholders, such as the project developer, the Regional Autonomous Corporations, local municipal or regional community leaders, parties involved, among others that have requested notification of events. Law 99, Art. 71.	There is a scoping process, but it is limited because the authority is primarily responsible for determining the scope of the EIA. See Decree 2041 of 2014, Article 15	Although the law does not clearly state that the public may have an opportunity to review the terms of reference, a favorable interpretation of Article 15 of Decree 2041 of 2014 indicates that it is possible.	Under Article 5 of Decree 330 of 2007, the environmental public hearing may be requested by " the Attorney General's Office or the Delegate for Agricultural and Environmental Affairs, the Ombudsman, the Minister of Environment, Housing and Territorial Development , the CEOs of the other environmental authorities, governors, mayors, or at least one hundred (100) persons or three (3) non-profit entities. " Decree 330 of 2007, Article 5. See also Article 72 of Act 99 of 1993.	Members of the public may participate at the hearing with prior registration. Decree 330 of 2007, Article 12		Decree 330 of 2007	Opinions, information and documents received at the public hearing are to be taken into account by the competent environmental authority when making decisions. Decree 330 of 2007, Article 2	Article 15 of Decree 2041 of 2014 specifically requires the prior consultation of indigenous and Afro-descendant people. Rulesand case law have long recognized the right of participation of these communities and peoples.	Ordinary administrative remedies are available. Decree 2041 of 2014, Article 25	The nullity action proceeds against the administrative acts by means of which a permit, authorization, concession or environmental license of an activity that affects or can affect the environment is issued, modified or canceled. Law 99, Art. 73. There are also popular actions and protection actions that are available to protect the environment. Law 9 of 1989, Art. 8.	The project proponent must comply with the environmental management plan. Decree 2041 of 2014, Article 40. "Los proyectos, obras o actividades sujetos a licencia ambiental o plan de manejo ambiental, serán objeto de control y seguimiento por parte de las autoridades ambientales."	Popular actions and protection actions that are available to protect the environment may be invoked to enforce the EIA. Law 9 of 1989, Art. 8.	The nullity action proceeds against the administrative acts by means of which a permit, authorization, concession or environmental license of an activity that affects or can affect the environment is issued, modified or canceled. Law 99, Art. 73. There are also popular actions and protection actions that are available to protect the environment. Art. 8, Law 9 of 1989.
Costa Rica	"B2" projects (moderate- low potential environmental impact) located inside an area with an approved zoning plan and "C" projects (low potential environmental impact) do not need to present a full EIA. The project developer submits a D2 form with information about the project and an Environmental Commitments Document. The D2 form includes a description of the proposed activity, including its potential to generate waste and emissions as well as other risks posed to the environment, and the proposed measures to mitigate such risks. EIA Regulations, Articles 9, 12 and 13	The developer presents the project for an initial assessment proposing the category of its project. The government reviews the project's category and approves the developer's proposal. EIA Regulations, Article 8	EIA Regulations, Article 7	EIA Regulations, Article 112	The cost of environmental impact assessments shall be borne by the proponent. Law 7554, Art. 18. See also EIA Regulations, Art. 112.	There is a registration process for environmental consultants in SETENA. Such process requires contractors to present relevant documentation about EIA-related training. EIA Regulations, Article 72	Individual consultants or consulting firms may be disqualified from the consultant registry when they incur any of the following: data forgery, demonstrating bias in the preparation of the EIA, unjustified refusal by the consultant to apply the required environmental guidelines included in the terms of reference requested by SETENA, among other reasons. EIA Regulations, Article 100	EIA Regulations, Articles 24, 27 & 28		The approval or denial of the activity, work or project shall be communicated by SETENA to the developer through an administrative, technical and legally motivated resolution. EIA Regulations, Art. 45	EIA Regulations, Article 45	EIA Regulations, Article 46	Organic Law of the Environment, Article 21; See also EIA Regulations, Articles 86, 87, and 88.	Environmental impact assessments must be carried out by an interdisciplinary team of professionals, registered and authorized by the National Environmental Technical Secretariat (SETENA). Law 7554, Art. 18. See also EIA Regulations, Art. 31.	EIA Regulations Article 34, and Section 10.6 of Annex I EIA Guidelines Part IV.		The EIA must contain measures to be taken to mitigate potential environmental impacts. EIA Regulations, Art. 9.	EIA Regulations, Articles 47, 48, 50 and 79. The developer must hire an independent contractor to verify fulfillment of the EIA.		Environmental Impact Assessments received by SETENA will published in a national newspaper and will indicate the availability of the reports for public consultation. To the extent possible, and as a complementary mechanism, SETENA will use other available and authorized means of communication to disclose the information society in general. EIA Regulations, Article 41	EIA Regulations, Article 41	The information contained in the record of an environmental impact assessment will be of a public nature and will be available for consultation by any person or organization. Law 7554, Art. 23.	Article 23 of Law 7554 can be interpreted to imply that the decision is made publicly available.	Project proponent and EIA contractor must present the activity, work or project to the communities and local authorities, and conduct a survey to collect the inputs from the communities. EIA Regulations, Articles 33 and 34	Individuals, whether public or private, shall have the right to be heard by the National Environmental Technical Secretariat, at any stage of the evaluation process and in the operational phase of the work or project. The observations of the interested parties will be included in the record and taken into consideration for the final report. Law 7554, Art. 22. See also EIA Regulations, Art. 42.	Public hearings may be convened ex officio by SETENA, or at the request of a natural or legal person, in cases deemed necessary. EIA Regulations, Art. 57.	EIA Regulations Articles, 55 and 60		EIA Regulations, Articles 41 and 42	Observations are part of the EIA file and they must be considered by decisionmaking authorities. The regulations do not provide guidance on how public comments and observations are to be formally addressed. EIA Regulations Article 42		Citizens may submit complaints to an Administrative Environmental Tribunal for violations of environmental laws. Law 7554, Articles 107, 108 and 111. See also EIA Regulations, Articles 51 and 52.	Citizens can seek judicial review from administrative decisions in the Courts of First Instance. See Organic Law of the Judicial Branch, No. 7333.	The proponent must submit environmental reports periodically to SETENA for review. SETENA must also conduct environmental inspections for monitoring and control purposes. EIA Regulations, Articles 47 and 48. The developer must hire an independent contractor to verify fulfillment of the EIA.	Citizens may submit complaints to an Administrative Environmental Tribunal for violations of environmental laws. Law 7554, Articles 107, 108 and 111. See also EIA Regulations, Articles 51 and 52.	Citizens may submit complaints to an Administrative Environmental Tribunal for violations of environmental laws. Law 7554, Articles 107, 108 and 111. See also EIA Regulations, Articles 51 and 52.
Dominican Republic	Category C and D projects result in minimum environmental impacts, and their assessment do not rise to the level of a full EIA. Upon receipt of the application, the Ministry will visit the project and will write a report establishing that the project meets either Category C or D criteria. EIA Compendium, Environmental Impact Assessment Procedures, Arts. 3.2.4 and 3.2.5.	Any project, infrastructure, industry, or any other activity that may affect the environment and natural resources shall obtain an environmental permit from the Ministry of Environment and Natural Resources. Law 64-00, Art. 40; EIA Compendium, Environmental Assessment Process Regulations, Art. 21.	Any project, infrastructure, industry, or any other activity that may affect the environment and natural resources shall obtain an environmental permit from the Ministry of Environment and Natural Resources. Law 64-00, Art. 40. See also Law 64-00, Art. 41 with a non-exhaustive list of projects that require an EIA process and EIA Compendium, Annex A with a list of projects and activities and their respective permit categories.	EIA Compendium, Environmental Assessment Process Regulations, Art. 22.	All payments regarding the EIA process must be borne by the project proponent which will be non-refundable. Law 64-00, Art. 42. See also EIA Compendium, Environmental Assessment Process Regulations, Art. 44.	The Ministry of Environment and Natural Resources adopted regulations in 2005 to establish the requirements and qualifications for EIA contractors and environmental consultants. See http://ambiente.gob.do/transparencia/base-legal-de-la-institucion/reglamentos/		EIA Compendium, Environmental Impact Assessment Procedures, Art. 3.3.		The EIA process will culminate with the decision of the Ministry of Environment and Natural Resources which will be communicated in writing to the project proponent. EIA Compendium, Environmental Assessment Process Regulations, Art. 33.	The Ministry of Environment and Natural Resources, based on the nomenclature of the activity, work, or project, shall issue the technical standards, structure, content, provisions and methodological guidelines necessary for the duration of the validity of environmental permits and licenses, which will be established according to the magnitude of the environmental impacts. Law 64-00, Art. 42, para. I.	EIA Compendium, Environmental Assessment Process Regulations, Art. 8.	The project proponent must provide an environmental bond equivalent to ten percent (10 %) of the total costs and investments of the project. Law 64-00, Art. 47.	EIA reports must be prepared by an interdisciplinary team of EIA contractors and environmental consultants. EIA Compendium, Environmental Assessment Process Regulations, Art. 26.					A draft EIA is not made available for public review.	The project proponent must give public notice of the final EIA in a national newspaper. See EIA Compendium, Environmental Impact Assessment Procedures, Art. 4.6.	The Department for Social Participation of the Ministry of Environment and Natural Resources will maintain a copy of the EIA report for consultation purposes. See EIA Compendium, Environmental Assessment Process Regulations, Art. 38.	The EIA law and regulations do not require reference studies to be made available for public inspection.	Environmental permits and licenses granted by the Ministry of Environment and Natural Resources shall be available to the public. Law 64-00, Art. 48.	EIA Compendium, Environmental Impact Assessment Procedures, Art. 4.	Members of the public are not permitted to review the terms of reference before it is finalized.	Category A and B projects require public meetings. See EIA Compendium, Environmental Impact Assessment Procedures, Art. 4.1 and 4.2.	Members of the public are permitted to speak at the public meeting. The results of the discussions must be documented through pictures, videos, transcripts of discussion, participants registry, among others. See Environmental Impact Assessment Procedures, Art. 4.2.		Any interested party, and the public in general, will have fifteen working days, after the EIA is published in a national newspaper, to provide comments that will be taken into consideration in the EIA process. See EIA Compendium, Environmental Assessment Process Regulations, Art. 38.	Comments and observations received in the public consultation process will be part of the information to be considered by the Ministry to make a final the decision. EIA Compendium, Environmental Assessment Process Regulations, Art. 40.		Citizens and the public in general may obtain administrative or internal ministry review through ordinary administrative remedies. Law No. 13-07 on the Administrative Superior Court, Art. 4.	Citizens can seek judicial review from administrative decisions in the Courts of First Instance. See generally Law No. 821 of Judicial Organization.	The project proponent must submit environmental compliance reports periodically to the Ministry for review. The Ministry of Environment and Natural Resources must also conduct environmental inspections for monitoring and control purposes. EIA Compendium, Environmental Assessment Process Regulations, Arts. 41 and 42.	Citizens may file complaints before the Ministry of Environment and Natural Resources to enforce the EIA, especially when there is environmental damage or degradation. Law 64-00, Art. 176, para.	Citizens may file complaints before the Ministry of Environment and Natural Resources to enforce the terms and conditions included in the permit or license, especially when there is environmental damage or degradation. Law 64-00, Art. 176.
Ecuador	If the project is not included in the list of projects that require an environmental impact assessment, the project proponent will present an environmental factsheet that will be analyzed by the competent authority. If approved, the project proponent is authorized to carry out the project without the need to present an environmental impact assessment report but subject to compliance with environmental regulations. Decree No. 3516, Libro VI, Cap. III, Art. 22.	Decree No. 3516, Libro VI, Cap. III, Art. 15.	Decree No. 3516, Libro VI, Cap. III, Art. 15.	The project proponent is responsible for preparing an EIA that complies with legal requirements. Decree No. 3516, Libro VI, Cap. III, Art. 24.	The project proponent is responsible for preparing an EIA that complies with legal requirements. Decree No. 3516, Libro VI, Cap. III, Art. 24.	The Ministerial Agreement No. 178 establishes the minimum qualifications and registration requirements for EIA contractors. See Ministerial Agreement No. 178, 14 October 2010, http://www.ambiente.gob.ec/wp-content/uploads/downloads/2014/10/c0d7a98aab3adaac9adf79919c4eac2a4ee3e237.pdf. The Ministry of Environment keeps a list of authorized environmental consultants available at http://www.ambiente.gob.ec/wp-content/uploads/downloads/2015/02/Publicaci%C3%B3n-COMPA%C3%91IAS-CONSULTORAS-Enero-2015.pdf		Terms of Reference are prepared by the project proponent and submitted to the competent authority for approval. Decree No. 3516, Libro VI, Cap. III, Art. 23.		Decree No. 3516, Libro VI, Cap. III, Art. 25(c).	Decree No. 3516, Libro VI, Cap. III, Art. 25(a).		According to the Ministerial Ministerial Agreement No. 100, project proponents are required to provide an environmental bond to cover environmental damages in order to obtain an environmental permit. See Ministerial Agreement No. 100 from the Ministry of Environment, 14 June, 2010, http://www.ambiente.gob.ec/wp-content/uploads/downloads/2014/10/2178eee9c43cea2cdbb205581125417ac7e81d6b.pdf	Decree No. 3516, Libro VI, Cap. III, Art. 17.	The EIA must include an analysis of alternatives for the proposed activity or project. Decree No. 3516, Libro VI, Cap. III, Art. 17(d)	Although a range of alternatives must be included, the EIA Decree does not specify that the EIA must include a no action alternative.	The project proponent must submit an Environmental Management Plan containing measures to mitigate, control and compensate identified impacts, as part of the environmental impact assessment report. Decree No. 3516, Libro VI, Cap. III, Art. 17(f).	Decree No. 3516, Libro VI, Cap. III, Arts. 17, 19.	The EIA process in Ecuador does not include a draft EIA step.	The dissemination of the environmental impact assessment report will be carried out through one or several mass communication mechanisms in the direct and indirect area of influence of the project: radio, press, television, and other information and communication mechanisms. Ministerial Agreement No. 066, Art. 11 (available at http://www.ambiente.gob.ec/wp-content/uploads/downloads/2013/07/Acuerdo-066-Facilitadores.pdf).	The law establishes Public Information Centers where the environmental impact assessment reports, as well as the Environmental Management Plan of the project and didactic and visual documentation will be made available to the public in a easily accessible location. The Centers shall have personnel who are familiar with the project and who may be able to explain it to the community. Decree No. 3516, Libro VI, Cap. III, Art. 20 (b)(3). EIA reports may also be published in websites, newspapers, local government. Decree No. 3516, Libro VI, Cap. III, Art. 20 (b)(5); Decree No. 1040, Art. 18 (available at http://www.ambiente.gob.ec/wp-content/uploads/downloads/2013/04/1.-DECRETO-1040-04-2008.pdf).	The national environmental authority shall keep a national registry of environmental records and licenses issued by the environmental enforcement authorities. The registry shall be public and any person may, at their cost, access the information contained in any of the technical studies that served as the basis for the issuance of an environmental license. Decree No. 3516, Libro VI, Cap. III, Art. 29.	The national environmental authority shall keep a national and public registry of environmental records and licenses issued by the environmental enforcement authorities. Decree No. 3516, Libro VI, Cap. III, Art. 29.	The project proponent must consult with the public prior to preparing the terms of reference. Decree No. 3516, Libro VI, Cap. III, Art. 16.	Although a terms of reference is prepared and must include observations from community members, it does not appear that the public is permitted to review the terms of reference before it is approved. See Decree No. 3516, Libro VI, Cap. III, Art. 16.	A public hearing may be held to present the EIA report and the Environmental Management Plan to the community to gather their inputs. Decree No. 3516, Libro VI, Cap. III, Art. 20 (b) (4). See also Decree No. 3516, Libro VI, Cap. III, Art. 8 (a). The law does not explicitly state that public hearings are automatically required but Art. 10 of Decree No. 1040 establishes that social participation mechanisms (including public hearings) are compulsory for the responsible environmental authority, in coordination with the project proponent, prior to the approval of the environmental impact assessment report. (Decree 1040 available at http://www.ambiente.gob.ec/wp-content/uploads/downloads/2013/04/1.-DECRETO-1040-04-2008.pdf).	A public hearing may be held to present the EIA report and the Environmental Management Plan to the community to gather their inputs. Decree No. 3516, Libro VI, Cap. III, Art. 20 (b) (4). See also Decree No. 3516, Libro VI, Cap. III, Art. 8 (a).		The mechanisms to collect community observations on the EIA report include: minutes of informative sessions and public hearings (notarized if deemed necessary), traditional mail (letter, fax, etc.), email, and forms to be deposited in mailboxes in participatory workshops, informative sessions and public hearings. Decree No. 3516, Libro VI, Cap. III, Art. 20 (c).	The EIA report assessment is comprised by the review of the report from both the public and the competent environmental authority. Such review will prepare the technical grounds to make a final decision. Decree No. 3516, Libro VI, Cap. III, Art. 25.	Decree No. 1040, Art. 26 (available at http://www.ambiente.gob.ec/wp-content/uploads/downloads/2013/04/1.-DECRETO-1040-04-2008.pdf).	Upon existence of violations to the environmental protection rules, any natural person, legal entity or human group may request the hierarchical superior to impose administrative sanctions and/or to require the regularization of authorizations, permits, studies and evaluations. See EMA, Articles 44-46.	Natural persons, legal entities or human groups, linked by a common interest and directly affected by a harmful action or omission, may bring a loss and damages action related to environmental and health degradation before the competent judge. See EM Act, Art. 43. In order to protect individual or collective environmental rights, citizens may also pursue a protection (constitutional) action against environmental law violations. See EM Act, Art. 41.	Decree No. 3516, Libro VI, Cap. III, Art. 19.	Natural persons, legal entities or human groups, linked by a common interest and directly affected by a harmful action or omission, may bring a loss and damages action related to environmental and health degradation before the competent judge. See EM Act, Art. 43. In order to protect individual or collective environmental rights, citizens may also pursue a protection (constitutional) action against environmental law violations. See EM Act, Art. 41.	Natural persons, legal entities or human groups, linked by a common interest and directly affected by a harmful action or omission, may bring a loss and damages action related to environmental and health degradation before the competent judge. See EM Act, Art. 43. In order to protect individual or collective environmental rights, citizens may also pursue a protection (constitutional) action against environmental law violations. See EM Act, Art. 41.
Egypt	For Category A and B projects (minimum or less than adverse impacts) complete environmental impact assessments in abridged forms. Only Category C project, which have "highly adverse impacts" must prepare a full EIA.	Screening decisions are based on classification criteria contained in the Executive Regulations. The Competent Authority directs the project proponent to the correct category; if the classification is uncertain, the Competent Authority consults with EEAA. The EEAA's decision must be issued in writing and is the final decision regarding classification.	Proposed projects are categorized by potential impact. The Executive Regulations contain illustrative lists to guide project proponents					EEAA (in consultation with the competent administrative authority) issues a decision describing the elements and specifications under which the project proponent must prepare the EIA. Law 4/1994, article 19; Executive Regulations, article 10		"The competent administrative authority shall notify the owner of the establishment of the result of the assessment by a registered letter with return receipt requested. " Law 4/1994, sec. 21; Executive Regulations, article 14		"The project shall have to start operation within the period granted by the license; otherwise, the environmental approval shall be considered null and void." Law 4/1994, sec. 20					An EIA must identify proactive measures taken in project design to minimize impacts, including waste minimization, substitution of hazardous materials, and energy and water conservation. An Environmental Management Plan is also required to be submitted as part of the EIA, which describes mitigation measures and the proposed monitoring program.	An Environmental Management Plan must be submitted as part of the EIA, which describes mitigation measures and the proposed monitoring program. The plan must include indicators to be measured, frequency of measurements, cost estimates, and identification of the personnel or entities that will undertake the monitoring.			The final EIA is stored with the EEAA in an environmental register. An executive summary of each EIA must be made available on the EEAA website.			Consultation is first undertaken during the process of identifying the scope of the EIA.		A meeting is held to provide the public with an opportunity to make comments on the draft EIA before it is submitted to the competent authority. There must be 15 days notice prior to the meeting. Not less than one-third of the meeting time must be devoted to discussion.		Before the EIA is submitted to the competent authority, the project proponent must provide concerned parties with the opportunity to review the draft EIA.		The consultation process is documented in the EIA report, including a description of the methods used to involve concerned parties, an analysis of the data and information acquired during consultation, and a table depicting the issues that have been discussed during consultation and how the project proponent plans to address or mitigate public concerns. The dates of meetings, names of attendees, agendas, and topics of discussion must be included as an annex to the EIA.				The party implementing a project "shall keep a written record of the impact of his establishment on the environment (Environmental Record). . . . The EEAA shall follow up these records to ensure their genuineness, take necessary samples and conduct appropriate tests to determine the impact of the establishment activities on the environment and the extent of its compliance with environmental protection standards or the pollutants loads. If it is transpired that the establishment is not keeping an environmental record, not updating data regularly or is not genuine, or that the establishment is not complying with the aforementioned standards or loads or violating any provision of this Article, the EEAA shall notify the competent administrative authority to demand the establishment's proprietor to rectify such violation promptly. " Law 4/1994, sec. 22
Estonia		"The decision-maker shall review an application and shall make a decision to initiate or refuse to initiate environmental impact assessment of proposed activities within the period for the processing of applications provided for in legislation." EIA & EMS Act, sec. 11(2). "With activities specified in subsection 6 (1) of this Act, environmental impact assessment of proposed activities shall be initiated without providing the reasons therefor." Id., sec. 11(3).	"Environmental impact shall be assessed: 1) upon application for or application for amendment of a development consent if the proposed activity which is the basis for application for or amendment of the development consent potentially results in significant environmental impact; 2) if activities are proposed which alone or in conjunction with other activities may potentially significantly affect a Natura 2000 site." EIA & EMS Act, sec. 3 "Environmental impact is significant if it may potentially exceed the environmental capacity of a site, cause irreversible changes to the environment, endanger human health and well-being, the environment, cultural heritage or property." EIA & EMS Act, sec. 5. Section 6 provides a list of activities that have significant impacts. See also Detailed List of Areas of Activity Requiring Consideration of Need for Initiation of Environmental Impact Assessment Government of the Republic Regulation No. 224 of 29 August 2005 (available at http://www.legaltext.ee/en/andmebaas/ava.asp?m=022)	"A person who proposes an activity and intends to carry it out shall organise environmental impact assessment (hereinafter developer)." EIA & EMS Act, sec. 8(1)	"The developer shall cover the expenses related to environmental impact assessment." EIA & EMS Act, sec. 8(2)	"Environmental impact shall be assessed or environmental impact assessment shall be directed by a natural person who holds a licence for environmental impact assessment, or a legal person through an employee holding a relevant licence (hereinafter expert)." EIA & EMS Act, sec. 14(1). Licensing requirements are set forth in section 15.	"An expert shall be impartial and independent upon environmental impact assessment of proposed activities." EIA & EMS Act, sec. 14(5). A contractors license may be revoked if the contractor provides false information in an EIA or if "the results of the ex-post evaluation of environmental impact assessment significantly differ from the assessment provided in the environmental impact assessment report." See EIA & EMS Act, sec. 15(9).	A decision giving approval to initiate an EIA must include "information on the necessary environmental research." This could be interpreted as being a TOR. See EIA & EMS Act, sec. 11(8)(6). See also section 13, which sets out the requirements for describing the environmental assessment programme.	Automatic approval is not mentioned in the law.	"A supervisor of environmental impact assessment shall give notification of approval of an environmental impact assessment report and of determination of environmental requirements pursuant to the procedure provided for in § 19 of this Act." EIA & EMS Act, sec. 23. Section 19 requires written notification and publication in the gazette.	The approval may contain environmental requirements. "Environmental requirements are measures the purpose of determination of which is to prevent or minimise potential negative environmental impact arising from proposed activities." EIA & EMS Act, sec. 22(7). "Development consent will not be issued if the developer is not able to comply with the determined environmental requirements." EIA & EMS Act, sec. 24(3).	The length of time that an approval remains valid is not discussed in the law.		An EIA may be prepared an an expert or a team of experts. "An expert or, under the supervision of the expert, an expert group shall prepare, on the basis of the approved environmental impact assessment programme, the environmental impact assessment report . . ." EIA & EMS Act, sec. 20(1)	EIA & EMS Act, sec. 20(2); The EIA report must "compare[] the proposed activities with different reasonable alternatives and prepares a ranking list on the basis of environmental impact and benefits of the proposed activities and reasonable alternatives therefor. . . " Id., sec. 20(9)		The EIA must provide an "overview of the actual compensatory measures . . . to compensate for the potential damage caused by the significant environmental impact potentially resulting from the proposed activities, and an assessment of the efficiency and the necessary volume of application of the measures." EIA & EMS Act, sec. 20(1)(7/1)	The EIA report "on the basis of the results of environmental impact assessment of the proposed activities and reasonable alternatives therefor makes a reasoned proposal for the establishment of the conditions of environmental monitoring[.]" EIA & EMS Act, sec. 20(1)(7/2)		"An environmental impact assessment report shall be published and the results of publication shall be taken into account pursuant to the procedure provided for in §§ 16 and 17 of this Act." EIA & EMS Act, sec. 21. Notice is provide in a number of locations including, Ametlikud Teadaanded (official publication), newspapers, public buildings (e.g. library, school, bus stop). See EIA & EMS Act, sec. 16(2)	"An environmental impact assessment report shall be published and the results of publication shall be taken into account pursuant to the procedure provided for in §§ 16 and 17 of this Act." EIA & EMS Act, sec. 21. "The decision-maker shall publish an environmental impact assessment programme, inter alia, on its webpage and shall ensure to the public the possibility to examine the programme at least until the end of the term for submission of proposals, objections and questions." Id., sec. 16(6)	"Everyone has the right to access an environmental impact assessment programme and other relevant documents at the time of the public display of and the public consultation regarding the programme, submit proposals, objections and questions regarding the programme and obtain responses thereto." EIA & EMS Act, sec. 16(5). See also Administrative Procedure Act, sec. 37(1) ("Everyone has the right, in all stages of administrative proceedings, to examine documents and files, if such exist, which are relevant in the proceedings and which are preserved with an administrative authority.") (available at http://www.wipo.int/wipolex/en/text.jsp?file_id=328755).	One of the duties of the supervisor of environmental impact assessment is to to inform the public of approval of the environmental impact assessment report and of determination of environmental requirements. EIA & EMS Act, sec. 10(3)(7)	There is an extensive process for approving the environmental impact assessment program that includes public involvement. See EIA & EMS Act, sections 16-19.	It is not entirely clear whether a TOR is prepared, but the law provides for public review of the proposed environmental impact assessment "programme" before an EIA report may be prepared. This can be construed as a scoping/TOR step. See EIA & EMS Act, sections 16-19	The time and date of public consultation will be specified in the environmental impact assessment programme. EIA & EMS Act, sec. 16.			"Everyone has the right to access an environmental impact assessment [report] and other relevant documents at the time of the public display of and the public consultation regarding the [report], submit proposals, objections and questions regarding the programme and obtain responses thereto." EIA & EMS Act, sec. 16(5) and 21.	"An environmental impact assessment report shall be published and the results of publication shall be taken into account pursuant to the procedure provided for in §§ 16 and 17 of this Act." EIA & EMS Act, sec. 21. "An expert or, under the supervision of the expert, an expert group shall, together with the developer, make, on the basis of the proposals and objections submitted regarding the programme, the necessary amendments to the programme made during the public display of the environmental impact assessment programme, explain why proposals and objections are taken account of and justify why they are not taken account of and respond to the questions." EIA & EMS Act, sec. 17(2)		See Administrative Procedure Act, secs. 72, 73 ("challenge" proceedings) (available at http://www.wipo.int/wipolex/en/text.jsp?file_id=328755)	See Administrative Procedure Act, secs. 72, 73 ("challenge" proceedings) (available at http://www.wipo.int/wipolex/en/text.jsp?file_id=328755)	"A person whose challenge is dismissed or whose rights are violated in challenge proceedings has the right to file an appeal with an administrative court under the conditions and pursuant to the procedure provided by the Code of Administrative Court Procedure." Administrative Procedure Act, sec. 87 (right to appeal) (available at http://www.wipo.int/wipolex/en/text.jsp?file_id=328755)
Eswatini (formerly Swaziland)	For category 2 projects, the project proponent prepares an Initial Environmental Evaulation (IEE) and comprehensive mitigation plan (CMP). EAAR Regulations, sec. 8 & Schedule 2.A. "The term 'Initial Environmental Evaluation' refers to a limited environmental study which describes a proposed project, the environment surrounding that project, and identifies and evaluates any likely impacts on that environment. It is accompanied by a Comprehensive Mitigation Plan which describes the arrangements for implementing mitigation measures to reduce those impacts." SEA Guidelines, Annex 3. A category 2 project is a "proposed project whose environmental impacts may be easily determined and for which there are appropriate, well known and tested mitigation measures." EAAR Regulations, sec.	"A person proposing to undertake a project [that may have an impact on the environment] shall submit a project brief to the Authority containing sufficient information to enable the Authority to determine the potential impacts of the project on the environment." EM Act, sec. 32(4); see also EAAR Regulations, sec. 6(1)	EAAR Regulations, sec. 6(1) & First Schedule. OTHER: During the screening process, "the authorising agency shall take into consideration all relevant factors including the scale of the proposed project and its location in relation to environmentally sensitive areas." EAAR Regulations, sec. 6(2)	"If after reviewing the project brief the Authority is satisfied that...the potential effect on the environment is likely to be more than minimal or insignificant, it may require the applicant...to conduct an environmental impact assessment in relation to the project..." EM Act, sec. 32(5); see also EAAR Regulations, sec. 9	"The proponent shall be responsible for all expenses incurred including expenses for the preparation of an IEE, EIA reports and the CMP. . . ." EAAR Regulations, sec. 11(8)	Not addressed in the law or regulations	Not addressed in the law or regulations	The project proponent conducts a scoping process and submits a draft terms of reference to the Authority. Within five days of receiving the draft TOR, that Authority shall "determine whether or not it is acceptable and where the draft is not acceptable, the proponent with the assistance of the Authority shall prepare and submit to the Authority acceptable and final terms of reference." EAAR Regulations, secs. 9(1), (2), (3); see also SEA Guidelines, Annex 2 (Preparing the Scoping Report).		EAAR Regulations, sec. 15(6)	The Authority "shall issue an environmental compliance certificate subject to whatever terms and conditions the Authority considers appropriate to ensure that the adverse environmental impacts of the undertaking or project are satisfactorily mitigated, if the Authority considers that all the environmental concerns or impacts are adequately addressed by the EA, IEE or EIA report and the accompanying CMP." EAAR Regulations, sec. 15(2); see also EM Act, sec. 32(12)	"An environmental compliance certificate shall expire after three (3) years from the date of its issue if by that date, no substantial progress has been made in implementing the project such as earthworks or construction work, or if the project has been abandoned or postponed." EAAR Regulations, sec. 17.	A bond or financial security is not required, but left to the discretion of the project proponent. The proponent shall "[d]emonstrate that provision has been made for decommissioning/rehabilitation costs associated with any residual damage arising from the project." For larger projects the proponent should "consider the provision of a contingency fund to finance mitigation measures for unforeseen impacts and liabilities arising from inaccuracies in impact prediction." SEA Guidelines, Annex 5	Not addressed in the law or regulations.	The EIA must contain a description of "alternative means of carrying out the project." EM Act, sec. 32(7); see also SEA Guidelines, Annex 4.	The EIA should include "a description of the affected environment as it could be expected to develop without the project - the 'zero option.'" SEA Guidelines, Annex 4.3.3.	The EIA must include "identification, description and assessment of... all relevant measures that could be undertaken to avoid, remedy or mitigate any adverse effects that could be caused by the project..." EM Act, sec. 32(7)(b)(ii). The project proponent must prepare a comprehensive mitigation plan (CMP). EAAR sec. 9(4) & Second Schedule; see also SEA Guidelines, Annex 5	Monitoring plans are included in the Comprehensive Mitigation Plan (CMP). The CMP identifies "monitoring programmes to track project related impacts and implementation of mitigation measures." EAAR Regulations, Second Schedule (Part D)	Draft EIAs are not prepared as part of the EIA process.	Public notice of the availability of the EIA is published in the Government Gazette, on the Swaziland Broadcasting Service, and in a newspaper circulating in Swaziland twice a week and for two consecutive weeks. EAAR Regulations, sec. 11(1)	The Authority must distribute copies of the EIA and CMP to concerned and affected ministries, local authorities, parastatals, and non-governmental organizations. EAAR Regulations, sec. 11(1). See also EM Act, sec. 50 (access to information)	"Any person may request from the Minister, the Authority or any other organ of Government any information relating to the environment that is not available in the registry but that could reasonably assist that person in contributing to the enhancement, protection and conservation of the environment and the sustainable management of natural resources." EM Act, sec. 51	The Authority shall publish "a detailed statement of the decision for public inspection." EAAR Regulations, sec. (15)(6)(c)	The scoping process must "include concerned or affected Government agencies, local authorities, non-governmental organizations and any other interested and affected persons to help determine the scope and effect of the project or work to be carried out."		"The Authority shall hold a public hearing, where - (a) after examining the IEE and/or EIA report and accompanying CMP for the proposed project, it is of the opinion that the project is of such a sensitive or significant nature that the public should have the opportunity to make submissions or comments at a public hearing; or (b) the public concern over the project is great and the number of written and substantiated objections exceeds ten." EAAR Regulations, sec. 12(1)	The Authority shall "call upon any party who has an interest in the outcome of the public hearing, including the project proponent, the authorising agency, the commenting agency and any other person, to attend the public hearing or solicit in writing comments from other government agencies or offices with expertise or regulatory power over the proposed project." EAAR Regulations, sec. 12(2)		The Authority shall "invit[e] objections, comments or submissions from interested and affected persons. . . ." EAAR Regulations, sec. 11(1)	"[T]he Authority shall not decide whether or not to grant an approval until the period for comments has expired without any comments being received, or if comments are received, without considering those comments." EM Act, sec. 32(10)		Any person may file a review application with the Director within 60 days of the decision approving or rejecting the project. EM Act, sec. 32(14); see also EM Act, sec. 82 (process for filing review application).	"The Board shall notify the applicant in writing of the reasons for dismissing a review application and the applicant may appeal against the decision to any competent court." EM Act, sec. 82(8)	"The person to whom an environmental compliance certificate is issued shall be responsible for implementing the CMP which forms part of the environmental compliance certificate, and for monitoring the environmental impacts of the project and the implementation of the CMP." EAAR Regulations, sec. 16(1). The Authority "shall monitor the undertaking to ensure that the operator is complying with the CMP." EAAR Regulations, sec. 16(2)	There is no formal mechanism for citizens or NGOs to enforce the EIA or environmental compliance certificate. However, if the Authority becomes aware (for instance by citizen complaint) "that the implementation of the project or the continued operation of the undertaking is causing, or is reasonably likely to cause, danger to the environment or to the public," it may suspend the environmental clearance certificate. See EAAR Regulations, sec. 18	There is no formal mechanism for citizens or NGOs to enforce the EIA or environmental compliance certificate. However, if the Authority becomes aware (for instance by citizen complaint) "that the implementation of the project or the continued operation of the undertaking is causing, or is reasonably likely to cause, danger to the environment or to the public," it may suspend the environmental clearance certificate. See EAAR Regulations, sec. 18
Fiji		The authority must "examine every development proposal received by it; and . . . determine whether the activity or undertaking in the development proposal is likely to cause significant environmental or resource management impact." EM Act, sec. 27(1). "If the approving authority determines that the activity or undertaking will cause a significant environmental or resource management impact, the development proposal must be subject to the EIA process." Id., sec. 27(4). See also EIA Regulations, sec. 4(1) ("Every proponent of a development proposal must apply for screening of the proposal. . . ."). The project proponent may be required to pay the costs of screening. See EIA Regulations, sec. 6(5) ("The approving authority may require the proponent to reimburse all reasonable costs incurred by the authority in screening a proposal, including transport and out-of-hours pay for inspectors and other staff of the authority.")	"If the approving authority determines that the activity or undertaking will cause a significant environmental or resource management impact, the development proposal must be subject to the EIA process." EM Act, sec. 27(4). See also EIA Regulations, sec. 6(1)	"The EIA report must be prepared by an accredited consultant at the proponents cost." EM Act, sec. 28(4)	"The EIA report must be prepared by an accredited consultant at the proponents cost." EM Act, sec. 28(4)	Fiji maintains an EIA Consultant Registration Scheme. EIA Regulations, sec. 39. A project developer Project must select an EIA Consultant from the list of registered consultants published by DoE. Guidelines for implementing the registration scheme (including registration criteria and consultant qualifications) are available at: www.lands.gov.fj/downloads/EIA%2520consultants%2520registration%2520guidelines.doc	Registered consultants must abide by a Code of Practice. The Code requires consultants to not represent conflicting or competing interests and to disclose to any client or employer any relationship that may influence the consultant's judgment. Consultants are not permitted to intentionally communicate false or misleading information that may compromise the integrity of any EIA study. Registered individuals can be deregistered or suspended if they fail to comply with the Code of Practice or fail to fulfill the minimum requirements. See EIA Consultant Registration Scheme Guidelines, Sections 7 & 13(available at www.lands.gov.fj/downloads/EIA%2520consultants%2520registration%2520guidelines.doc)	"Any terms of reference for the EIA study may, in accordance with the prescribed procedures, be prepared by the EIA Administrator, approving authority or a consultant." EM Act, sec. 28(3). A draft TOR is prepared by the project proponent and submitted with the EIA processing application and is finalized by the authority within 30 days of receipt. EIA Regulations, secs. 10(3), 11, 19		"[T]he processing authority must within 35 days of the submission of an EIA report on a proposal produce a written report on the review." EIA Regulations, sec. 31. The decision is lodged in the registry. Id., sec. 31(6)	"After reviewing an EIA report, the EIA Administrator or the approving authority may. . . approve the report with or without conditions[.]" EM Act, sec. 31(1). See also EIA Regulations, sec. 31 (review report may contain conditions)		"If an EIA report is approved . . . the approval may be subject to the requirement of an environmental cash bond to be deposited into the Fund as a security to cover the probable cost of preventing or mitigating any environmental damage to the area and its surroundings." EM Act, sec. 31(2). EIA Regulations, sec. 32 (describing environmental bond requirements in more detail)	Although the EIA must be prepared by a registered expert or experts, there is no requirement for the project developer to enlist an interdisciplinary team.	The EIA must contain "a statement of the various alternatives that have been considered for the activity or undertaking that are reasonably foreseeable and technically and economically appropriate, including the option of taking no action, and an outline of the reasons for choosing the proposed action" EIA Regulations, sec. 25(f)	The EIA must contain "a statement of the various alternatives that have been considered for the activity or undertaking that are reasonably foreseeable and technically and economically appropriate, including the option of taking no action, and an outline of the reasons for choosing the proposed action" EIA Regulations, sec. 25(f)	"The contents of an EIA report must include matters required by the terms of reference, mitigation measures and any other prescribed matter." EM Act, 29(2). An EIA must contain "a statement of the mitigation action proposed in respect of any adverse impacts identified[.]" EIA Regulations, sec. 25(f)	The EIA must contain "recommendations on monitoring" and an environmental monitoring plan (the latter if required by the TOR) EIA Regulations, sec. 25(j), (k). Section 26 of the EIA Regulations contains more detail on the content of environmental management plans.		The authority must provide notice of the development and availability of the EIA for inspection "on every radio or television station that broadcasts in the area of the site of the proposed development; and. . . in every newspaper that circulates in the area of the site." EIA Regulations, sec. 28(2),(3)	When the EIA report is submitted, the authority "must make the complete report available at appropriate locations for inspection by the public and for purchase at cost." EIA Regulations, sec. 28(1)(c)		Although the decision is lodged in the registry, which is open to public review, it does not appear the the authority is required to publish notice that the decision has been issued.	Public involvement in scoping is discretionary. EIA Regulations, sec. 12, 17, 18 (describing scoping procedures and public involvement). Scoping "means scoping of a development proposal under Part 4 to determine the scope of the EIA report in order to en	Public participation in preparation of the TOR is at the discretion of the authority who may "invite participation of other line ministries, the private sector, non-governmental organizations, public authorities and other interested persons to assist in the preparation of the TORs." EIA Regulations, sec. 19(4)	"When the preparation of an EIA assessment is completed, a public hearing must be conducted by the proponent within the vicinity of the area of the proposed development." EM Act, sec. 34(1); see also EIA Regulations, sec. 23(4) ("the proponent must conduct one or more public consultations during the EIA study on a proposal"). A second meeting must be held after the EIA is submitted to the authority (within 21 days). EIA Regulations, sec. 30.			"A member of the public may inspect and view an EIA report within 21 days after it is submitted to the EIA Administrator or the approving authority." EM Act, sec. 30(3)	This criteria is not discussed in the EIA law or regulations.		"A person who disagrees with a decision of the EIA Administrator or approving authority under subsection (1) may, within 21 days from the date of the decision, appeal to the Environmental Tribunal." EM Act, sec. 31(4)		"A proponent must prepare and implement any environmental or resource management plan, monitoring programme, protection plan or mitigation measure that is required as a condition of any approved EIA." EM Act, sec. 32. The authority may conduct any inspection to determine compliance with the monitoring and mitigation requirements. Id. See also "Powers of Inspectors" EM Act, secs. 19, 20 and EIA Regulations, sec. 34 ("compliance inspection")
Ghana	"Where the Agency upon consideration of an application decides that there is the need for a preliminary environmental assessment to be submitted in respect of the application, the Agency shall request the applicant to submit [it] . . . ." EA Regulations sec. 9. If after reviewing the preliminary environmental assessment the Agency is satisfied that a significant adverse environmental impact is likely to result from the activities . . . the applicant shall be asked to submit an environmental impact statement. EA Regulations sec. 9	"The Agency shall on receipt of an application and any other relevant information required, as an initial assessment, screen the application . . . ." EA Regulations sec. 5. The Agency shall issue a screening report on the application. EA Regulations sec. 6	The Agency has authority to request an EIA from any person responsible for an activity that may have adverse effect on the environment. EPA Act sec. 12(1); EA Regulations sec. 3 + Schedule 1	"[T]he applicant shall submit an environmental impact statement in respect of the proposed undertaking . . . ." EA Regulations sec. 10(1)				"The draft terms of reference shall stipulate that the environmental impact statement on the proposed undertaking wil deal with matters including the following [listing contents of statement]." EA Regulations sec. 12		"Where an environmental impact statement is acceptable to the Agency this shall be communicated in writing...and the requisite environmental permits shall be issued to the applicant." EA Regulations 19.	No authority to impose conditions is expressly contained in Law or Regulations.	EA Regulations sec. 21(1)	"An environmental impact statement for mining and other extractive industry shall include reclamation plans." EA Regulations 14(1). "An undertaking in respect of which a reclamation plan is required shall be required to post a reclamation bond based on approved work plan for reclamation." EA Regulations sec. 23		EA Regulations sec. 12(c)	"The draft terms of reference shall stipulate that the environmental impact statement on the proposed undertaking will deal with…(c) alternatives to the undertaking including alternative situations where the undertaking is not proceeded with." EA Regulations, sec. 12(c).	EIS must include "proposals to mitigate any potential negative socio-economic, cultural and public health impacts on the environment." EA Regulations 12(h). Project proponent must submit an environmental management plan to the Agency within 18 months of commencing operations and thereafter every three years. The plan shall set out steps to manage any significant environmental impact that may arise from the project. EA Regulations sec. 24	EIS must include "proposals to be developed to monitor predictable environmental impact and proposed mitigating measures. EA Regulations sec. 12(i). permit holders must submit a management plan & annual environmental report. Reg. 24		When it receives an EIS, the Agency shall "publish for 21 days a notice . . . of the environmental impact statement in the mass media. . . ." EA Regulations sec. 16(2)	The Agency appears to have discretion whether to make the EIS (or parts of the statement) available to the public. It shall "post at appropriate places such parts of the environmental impact statement as it considers necessary." EA Regulations sec. 16(2).			Project proponent must make scoping report available for inspection by the general public in the locality of the proposed project. EA Regulations sec. 15.		Public hearings are held under certain circumstance - if there is "great adverse public reaction" to the proposed project; the project will involve dislocation, resettlement, or relocation of communities; or the Agency considers that the undertaking could have extensive and far reaching effect on the environment. EA Regulations sec. 17	The public hearing panel "shall hear such persons and bodies that will make submissions to it . . . ." EA Regulations sec. 17(5)		EA Regulations sec. 16(4).	Panel conducting public hearing on proposed project "shall consider all submissions made to it and make its recommendations in writing to the Agency . . . ." EA Regulations sec. 17(5)		Any person aggrieved by a decision or action of the Agency may submit a complaint in writing to the Minister of the Environment within 30 days of the complainant becoming aware of the the decision or action to which the complaint relates. EA Regulations sec. 27		Project proponent must submit an annual environmental report (starting 12 months after commencing operations). EA Regulations sec. 25(1)
Guatemala	Projects classified in the lower impact category only need to present an Evaluación Ambiental Inicial or Autoevaluation (the document presented for screening and scoping in the full EIA process). The authority will issue its authorization on the basis of this document. EIA Regulations, Article 32	The authority makes screening decisions on the basis of an Initial Environmental Assessment (Evaluación Ambiental Inicial) document. EIA Regulations, Article 15	EIA Regulations, Article 12; Acuerdo Gubernativo No 134-2005, Article 1			EIA Regulations, Article 82		EIA Regulations, Articles 30 and 31	The developer has to request this type of approval, and the project must not produce environmental harm, must not pose a high environmental risk and must not be considered as environmental unfeasible. In such cases the Ministry will issue a "Conditioned" authorization, which it can revoke or suspend if the project produces environmental damages. EIA Regulations, Article 100		EIA Regulations, Article 25	EIA Regulations, Article 49	EIA Regulations, Article 63. Only projects under category "C", which do not present a full EIA are exempted from this requirement. EIA Regulations, Article 64.	This criteria is not addressed in the EIA law or regulations	The EIA must present the practical alternatives to the proposed action. EIA Regulations, Article 15		EIA Regulations, Article 17	The authority has discretion to decide whether to require a monitoring plan to be prepared. EIA Regulations Article 22.	EIA Regulations, Article 75				The Ministry provides notice of its decision to people who presented comments. EIA Regulations, Article 78. The Ministry's EIA website has a "status" label which shows which projects have been approved. The Regulations do not declare whether public notice of decisions must be provided generally (e.g. to members of the public who did not submit comments).	EIA Regulations, Articles 72, 75		EIA Regulations, Article 74	EIA Regulations, Article 74	EIA Regulations, Articles 74 & 76		The Authority must take into account comments with sound legal, scientific or technical basis. It will notify its decision to the people who sent comments. EIA Regulations, Article 78 as reformed by Acuerdo Gubernativo No 89-2008. http://www.marn.gob.gt/sub/portal_sao/documents/leyes/gub-89-08.pdf	EIA documents must be translated into local languages. EIA Regulations, Article 75	This topic is not discussed in the EIA law or regulations, but may be governed by the General Administrative Process Act. The Act recognizes the right of administrative review for involved parties inside an administrative process and for interested parties. It is possible that affected communities and individuals who commented on a project would be considered "interested parties." See Articles 10 and 22 of the Act. http://www.marn.gob.gt/aplicaciones/normas10g/pdf/125.pdf		The Ministry can require a monitoring plan or it can carry out independent monitoring activities. EIA Regulations, Articles 22 and 24 .	Unclear. The EIA regulations only establish that the public can participate during the operational phase of a project. It does not define this participation in detail. EIA Regulations, Article 73.	Unclear. The EIA regulations only establish that the public can participate during the operational phase of a project. It does not define this participation in detail. EIA Regulations, Article 73.
Guyana		"A developer of any project listed in the Fourth Schedule, or any other project which may significantly affect the environment, shall apply to the Agency for an environmental permit. . . ." EP Act, sec. 11(1); Schedule 4. When it is not clear whether a project will significantly affect the environment, the project developer must submit a project summary and the Agency will determine whether it is subject to the EIA requirements or not. EP Act, sec. 11(2)	"A developer of any project listed in the Fourth Schedule, or any other project which may significantly affect the environment, shall apply to the Agency for an environmental permit. . . ." EP Act, sec. 11(1); Schedule 4. When it is not clear whether a project will significantly affect the environment, the project developer must submit a project summary and the Agency will determine whether it is subject to the EIA requirements or not. EP Act, sec. 11(2)	The project proponent prepares the EIA through a contractor approved by the Environmental Protection Agency. EP Act, sec. 11(4) ("Every environmental impact assessment shall be carried out by an independent and suitably qualified person approved by the Agency . . . .")	All expenses of the EIA process (including public hearings) are borne by the project developer. EP Act, sec. 11(12)	"Every environmental impact assessment shall be carried out by an independent and suitably qualified person approved by the Agency. . . ." EP Act. sec. 11(4)	Although Guyana's EIA law requires EIA contractors to be "independent," conflicts of interest are not specifically addressed in detail. See EP Act, sec. 11(4)	Following a public scoping procedure, the Agency shall "set the terms and scope of the environmental impact assessment" taking into account any public submissions. The TOR is developed in consultation with the project developer's EIA consultant/contractor. EP Act, sec. 11(8)		"The Agency shall publish its decision and the grounds on which it is made." EP Act, sec. 12(2)	"A decision by the Agency to issue an environmental permit for a project shall be subject to conditions that are reasonably necessary to protect public health and the environment" and also shall contain "implied conditions." These implied conditions are the authority to cancel or suspend the permit if terms are breached; an obligation on the part of the developer to use most appropriate technology; an obligation on the part of the developer to comply with any directions given by the Agency; and the obligation on the part of the developer to restore and rehabilitate the environment. EP Act, sec. 13(1). See also EP Regulations, sec. 12(1) ("The Agency shall establish in each environmental authorisation such terms and conditions, as required on a case-by-case basis. . . [.]")	Unless the authorisation specifies shorter validity or the authorisation is otherwise terminated, it is valid for a period up to five years. EP Regulations, sec. 19. In practice, however, this provision is not enforced.	The Agency cannot issue an environmental permit unless it is satisfied that the developer "can pay compensation for any loss or damage which may arise from the project or breach of any term of condition of the environmental permit." EP Act, sec. 13(2). There are bonding provisions associated with environmental authorisations (e.g. permissions to release pollutants or contaminants into the environment).		An EIA must contain "an outline of the main alternatives studied by the developer and an indication of the main reasons for his choice, taking into account the environmental factors." EP Act, sec. 11(5)(b)		The EIA must contain "a description of the measures which the proposed developer intends to use to mitigate any adverse effects and a statement of reasonable alternatives (if any), and reasons for their rejection." EP Act, sec. 11(5)(g). Emergency response plans must be included, as well. EP Act, sec. 11(5)(i).	"[T]he holder of the environmental authorisation shall establish an environmenetal monitoring programme at the holder's own expense or bear the cost of such programme within such period or at such time and in such manner as the Agency may specify." EP Act Regulations, sec. 12(d)	Although a draft EIA is not made available for public review, there is an opportunity for the public to review a project summary and submit comments to the Environmental Protection Agency before the EIA is prepared. See "Scoping" under Public Participation.	When the EIA is submitted to the Agency, the project developer must publish a notice in at least one daily newspaper confirming that the EIA has been submitted to the Agency and informing the public that it has 60 days to make submissions. EP Act, sec. 11(10)	The GEPA must "maintain and make available to members of the public during normal working hours a register of all environmental impact assessments carried out, environmental authorisations granted and other information. . . ." EP Act, sec. 3(e). The EIA shall be available for inspection for at least five years subject to deletion of information that may disclose intellectual property rights. EP Act, sec. 11(11).	During the course of preparing the EIA, the developer and the EIA contractor shall "provide to members of the public on request, and at no more than the reasonable cost of photocopying, copies of information obtained for the purpose of the environmental impact assessment." EP Act, sec. 11(9).	The EPA must publish its final decision and the grounds on which it is made. EP Act, 12(2). The law does not specify where the decision must be published.	Members of the public have 28 days to review and comment on a project summary. The EPA must consider public comments in setting the terms and scope of the EIA. EP Act, sec. 11(6), (7), (8).	The public has an opportunity to make submissions before the terms of reference (TOR) is prepared. If they are dissatisfied with the TOR, an appeal may be filed directly with the High Court.	Public meetings are discretionary and determined by the Environmental Assessment Board. EP Act, sec. 18(2)			EP Act, sec. 11(10) provides 60 days to file submissions to the EPA.	The Agency must take public submissions into account when deciding whether to approve or reject a project. EP Act, sec. 12(1)		Any person may file an administrative appeal of the EPA's decision to exempt a project from the EIA requirements. This appeal is filed with the Environmental Assessment Board. See EP Act, secs. 11(3), 18.	Citizens may seek judicial review pursuant to the Judicial Review Act 2010 (available at http://www.oas.org/juridico/english/mesicic3_guy_judicial.pdf). Section 5 of the Act outlines broad grounds for relief.	The Agency shall take the steps needed to ensure "that the activities authorised by the environmental authorisation do not cause pollution of the environment or harm to human health or become seriously detrimental to the amenities of the locality affected by the activities." EP Act Regulations, sec. 15.
Israel	Abridged assessments are not discussed in the Planning & Building Law or Regulations.		The regulations identified certain types of activities that require the project proponent to submit an EIS. P&B Regulations, sec. 2(a). An EIS may be required for any plan that may have a significant impact on the environment. P&B Regulations sec. 2(2), 2(3).			"The Minister of Environmental Protection shall prescribe for the categories of plans the professions, the education and professional training, the qualifications and the professional experience required of a professional." Planning & Building Act sec. 83(B)(b)	Conflicts of interest are not addressed in the Planning and Building Law or Regulations.			Written decision is implied in P&B Regulations section 12(d). "The guidelines, the statement, the environmental adviser's opinion and the planning agency's decision shall constitute background documentation of the plan. . . ."	Yes, the planning agency shall decide which provisions for the prevention of negative environmental impacts (mitigation) shall be included as a condition for approval. P&B Regulations sec. (12)(c).				Terms of reference for preparing EIA "may" require project proponent to reference the environmental implications of other alternatives to the plan's proposed location, no action alternative, and technological alternatives. P&B Regulations sec. (8)(b)(2)	Yes, if required by the project-specific terms of reference. P&B Regulations sec. (8)(b)(2)	EIA shall include "proposals for means of preventing negative environmental impacts." P&B Regulations sec. (8)(b)(5)	EIA shall include "proposals for . . . monitoring or follow up measures or other measures designed to protect the environment." P&B Regulations sec.(8)(b)(5)		Although the public has access to the final EIA after it is deposited (approved), the Law and Regulations do not require public notice that the EIA is available.	If the agency accepts the plan, the materials are available to the public. P&B Regulations sec. (12)(d)		P&B Regulations sec. (12)(d)							A Ministry of Interior investigator will conduct public hearings for the objectors. 1525-1965 (107)		District Courts are for appeals of quasi-judicial decisions of administrative agencies. Courts Law, 5744-1984 (33-42)	Objectors can be heard under the general building and planning laws. P&B Act sec. (112)	Depending on the scoping guidelines, the EIA may be required to include information on follow-up measures. P&B Regulations sec. (8)(b)(5).
Japan		Screening is conducted for "class 2" projects. An EIA is automatically required for class 1 projects. EIA Law, Art. 4	The screening judgement is made by the authorizing agency in accordance with the judgment criteria. In making the judgment, opinions from the prefectural governor who is well-acquainted with the local situation should be taken into consideration. EIA Law, Art. 4; see also MoE Publication, "EIA in Japan"					The scoping document must include "[t]he items to be considered in an environmental impact assessment of the relevant project, and the survey, prediction, and assessment methods to be utilized (if such methods have not yet been determined, then the items to be considered in the environmental impact assessment of the relevant project)." EIA Law, Art. 5(4).		The EIA law does not specifically require decisions to be issued in writing.	Conditions may be attached to the license or other required approval. EIA Law, Art. 33(2).				The content of an EIA is determined by specific ministerial regulations for each sector.	The content of an EIA is determined by specific ministerial regulations for each sector.	The draft EIS shall include measures for protecting the environment, including details regarding how such measures were developed. EIA law Art. 14(7)(b).		The proponent, for the purpose of acquiring comments, shall announce that the draft EIA has been prepared and make the EIA available for inspection. EIA Law, Art. 16.	The proponent shall make public the fact that an EIS and other items have been prepared, and, for a period of one month from the date of such publication, shall make available for public review in the related area the EIS, the summary, and other related information. EIA Law, Art. 27	The proponent shall make public the fact that an EIS and other items have been prepared, and, for a period of one month from the date of such publication, shall make available for public review in the related area the EIS, the summary, and other related information. EIA Law, Art. 27	Information could be obtained though the Act on Access to Information Held by Administrative Organs (Act No. 42 of 1999), available at http://www.soumu.go.jp/english/gyoukan/engv1_03.pdf		For the purpose of inviting comments, from the standpoint of protecting the environment, regarding both the items to be considered in an environmental impact assessment and the survey, prediction, and assessment methods to be utilized, the proponent, upon	The public is permitted to comment on the scoping document, which contains the items to be considered in the EIA. See EIA Law, Arts. 8, 11.	"[T]he proponent shall hold explanatory meetings to make the public aware of the contents of the draft EIS. . . in the related area during the period of public review." EIA Law, Art. 17.	"[T]he proponent shall hold explanatory meetings to make the public aware of the contents of the draft EIS. . . in the related area during the period of public review." EIA Law, Art. 17. The EIA Law does not specify whether members of the public are permitted to speak or provide comments at the public meeting.	"[T]he proponent, for the purpose of acquiring comments, from the standpoint of protecting the environment, regarding the results of the environmental impact assessment relating to the draft EIS . . . shall publicly announce that the draft EIS and other items have been prepared in accordance with said regulation of the Prime Minister's Office, and shall make the draft EIS and the summary available for public review in the related area for one month from the date of the aforementioned public announcement." EIA Law, Art. 16. "Anyone who has comments, from the standpoint of protecting the environment, regarding a draft EIS may express such comments. . . ." EIA Law, Art. 18	The EIA law does not specify whether the public is permitted to comment on the final EIA. Comments may be limited to the draft EIA phase.	Comments regarding the scoping document must be addressed in the draft EIA. EIA Law, Art. 14(1). The proponent shall provide a document containing an outline of all comments received on the draft EIA and the proponent's views regarding such comments. EIA Law, Art. 19. The proponent shall address public comments concerning the draft EIA in the final EIA. EIA Law, Art. 21(2).			Review may be obtained through the Administrative Case Litigation Act, available at http://www.japaneselawtranslation.go.jp/law/detail/?id=1922&vm=&re=02	"After the construction is finished, the project proponent compiles and publishes a document about the follow-up survey, along with the measures for protecting the environment to cope with the conditions identified during the survey and the progress of the measures taken. This is called the Impact Mitigation Reporting." "Environmental Impact Assessment in Japan," pp. 14-15.
Kenya	Project proponent must submit a report that includes information about: the nature of the project; design and activities; the potential environmental impacts and mitigation measures to be taken during and after implementation; an action plan for prevention and management of possible accidents; a plan to ensure health and safety of workers and nearby communities. The report must be prepared by a registered EIA expert. The Authority has 45 days to review the report and determine whether an EIA is warranted. EIA Regulations secs. 7-10.	Project proponent submits a project report to the Authority. Within 45 days the Authority must decide whether the proponent must prepare an EIA study. EIA Regulations (2003) secs. 7-10	EMCA sec. 58(1) + Second Schedule; EIA required for any activity that "may introduce exotic species" or "lead to unsustainable use of any ecosystem." EMCA Regulations (2006) sec. 4; see also EIA Regulations (2003) sec. 4	The proponent of a project shall undertake or cause to be undertaken at his own expense an environmental impact assessment study . . . .” EMCA sec. 58(2)	The proponent of a project shall undertake or cause to be undertaken at his own expense an environmental impact assessment study . . . .” EMCA sec. 58(2)	EIA shall be conducted by "individual experts or a firm of experts authorised in that behalf by the Authority." EMCA Act sec. 58(5); EIA Regulations (2003) sec. 14 + Fourth Schedule	An EIA expert may be de-registered for contravening the code of practice issued by the Authority. EIA Regulations (2003) sec. 14(5)	An EIA “shall be conducted in accordance with terms of reference developed during the scoping exercise by the proponent and approved by the Authority.” EIA Regulations (2003) sec. 11(1).	Any person who upon submitting his application does not receive any communication from the Director-General within the stipulated time may within nine months of such submission start his undertaking. EMCA sec. 58(9)	EIA Regulations (2003) sec. 23(2)	The Authority issues an environmental impact assessment license "on such terms and conditions as may be appropriate and necessary to facilitate sustainable development and sound environmental management." EMCA sec. 63, see also EIA Regulations (2003) sec. 24	The Authority may request a fresh EIA if the project changes, the project poses a new environmental threat, or it is established that the EIA was false, inaccurate or intended to mislead. EMCA sec. 64(1)	A bond is not automatically required. The Minister responsible for finance may, on the recommendations of the Council, prescribe that persons engaged in activities or operating industrial plants and other undertakings . . . pays such deposit bonds as may constitute appropriate security for good environmental practices." EMCA sec. 28(2)		EIA study must identify and analyze alternatives to the proposed project. EIA Regulations (2003) sec. 16(b)	Not mentioned in the Law or Regulations. May be referred to in general/sectoral guidelines.	The EIA report shall propose mitigation measures to be taken during and after implementation of the project. EIA Regulations (2003) sec. 16(d)	The EIA "shall develop an environmental management plan with mechanisms for monitoring compliance and environmental performance . . .". EIA Regulations (2003) sec. 16(d)		Upon receipt of environmental impact assessment study report the Authority must publish notice for two successive weeks in the Gazette and in a newspaper circulating in the area of the proposed project. An announcement must be made via radio in official and local languages at least once a week for two successive weeks. EMCA sec. 59(1); EIA Regulations (2003) sec. 21(2)	EIA study must include times & place where the full report can be inspected. EIA Regulations (2003) sec. 21(3)(d)	"Information or documents submitted to the Authority by any person in connection with an environmental impact assessment . . . shall be made available to the public on such terms and conditions as the Authority may prescribe." EIA Regulations (2003) sec. 29	"Information or documents submitted to the Authority in connection with an environmental impact assessment together with the Authority's decision and the reasons thereof shall be made available to the public on such terms and conditions as the Authority may prescribe." EIA Regulations (2003) sec. 29	During preparation of the EIA report (not beforehand), the project proponent shall hold at least three public meetings with the affected parties and communities to explain the project and its effects, and to receive their oral or written comments. EIA Re		Public meetings are held during preparation of the EIA report (see "Scoping") as well as after the proponent submits the EIA report to the Authority. The public meeting held by the Authority is discretionary. EIA Regulations (2003) sec. 22(1)	EIA Regulations (2003) sec. 17		The public has 90 days from the date that notice of the availability of the EIA is published to submit oral or written comments on the EIA study. EMCA sec. 59(1)(d)	In making a decision, the Authority shall consider interested parties' comments. EIA Regulations (2003) sec. 23(3)(b). There is no requirement that the Authority or project proponent respond to public comments.	Proponent shall ensure that a qualified coordinator is appointed to receive and record public comments and any translations thereof. EIA Regulations (2003) sec. 17(2)(d). Radio notice must be in the local language of the community. 2003 Reg 22(3)(b).		"Any person aggrieved by a decision or order of [the] Authority of an environmental impact assessment licence, may within 60 days of such a decision or order, appeal against such decision or order to the High Court." EIA Regulations (2003) sec. 46(2)	The Authority is required to carry out an environmental audit of all activities that are likely to have a significant effect on the environment. EMCA sec. 68(1). Owner or operator of project shall prepare and submit an environmental audit report to the Authority annually (or more frequently if the Authority requires). ECMA sec. 68(3). See also Part V of EIA Regulations (2003) ("Environmental Audit and Monitoring")		A person can bring suit in the High Court when her or his right to a clean environment is being or is likely to be contravened, regardless of whether she or he can show personal injury. EMCA Part II.
Korea	A project implementer obliged to obtain approval, etc. shall prepare a brief environmental impact assessment report and submit it to the head of the approving agency before obtaining approval, etc. with regard to a project subject to brief environmental impact assessment. EIA Act, Art. 44(1); see also Presidential Decree 28211, sec. 60 (describing requirements for small-scale EIA).	Art. 22 of the EIA Act lists the projects that are subject to environmental impact assessment. See also Table 3 of Enforcement Decree 28211 for the specific scope of projects subject to environmental impact assessment.	Screening is achieved primarily by reference to a list of project types. Article 22 of the EIA Act explicitly lists the projects that are subject to environmental impact assessment. See also Table 3 of Enforcement Decree 28211 for the specific scope of projects subject to environmental impact assessment. In addition, projects that fall outside of EIA Act may be subject to environmental impact assessment under Municipal Ordinance of City/Do. EIA Act, Art. 42.	"A project implementer shall prepare a draft environmental impact assessment report on the items, etc. for environmental impact assessment, determined in accordance with Article 24, and shall gather consensus thereon from residents. . . ." EIA Act, Art. 25(1)	Neither the EIA Act nor Presidential Decree specify who is responsible for paying the cost of preparing the EIA. The project proponent prepares the draft EIA (EIA Act, Art. 25(1)); therefore, it is assumed that the project proponent also pays for the full assessment.	Environmental Impact Assessors must "successfully pass a qualification examination conducted by the Minister of Environment." EIA Act, Art. 63(1). The Act also lists several conditions that disqualify an individual from holding the position of Environmental Impact Assessor. See EIA Art. 63(2).	"No person shall make a false or inadequate document in preparing an environmental impact assessment report and basic data for such report." It is also forbidden to copy details from one EIA to another. EIA Act, Art. 53(2)	A project implementor must prepare a "preparatory statement for assessment" prior to conducting EIA. This assessment is reviewed by the head of the approving agency to determine the scope of the EIA and what topics will be addressed. EIA Act, Art. 24.	There are no provisions in the EIA Act or Presidential Decree addressing this issue.	Neither the EIA Act nor the Presidential Decree require a written decision to be issued.	"[T]he Minister of Environment may notify the head of the competent administrative agency of agreed terms and conditions on condition that the terms and conditions be reflected in the relevant plan: 1) Where any matter to be amended or adjusted is insignificant; 2) Where it is possible to amend or adjust the relevant plan before formulating or finalizing the plan." EIA Act, Art. 18			There are no provisions addressing this issue in the EIA Act or Presidential Decree	"A draft environmental impact assessment report . . . shall include . . . [f]ormulation and evaluation of alternatives[.]" Presidential Decree No. 28211, sec. 34(1)6(d)	There are no provisions addressing this issue in the EIA Act or Presidential Decree	The EIA must include a discussion of "inevitable environmental impacts and countermeasures against such impacts." Presidential Decree 28211, sec. 34(1)	The EIA must include a "plan for follow-up survey of environmental impacts." Presidential Decree 28211, sec. 34(1), see also EIA Act, sec. 36	The head of the competent Si/Gun/Gu shall publish notice of the availability of the draft EIA in a daily newspaper and local newspaper. Presidential Decree No. 28211, sec. 36.	There do not appear to be provisions in the EIA Act or Presidential Decree requiring notice of the final EIA to be publicized.	There do not appear to be provisions in the EIA Act or Presidential Decree requiring the final EIA to be made public. It is possible that it would be published on the EIASS website.	"The environmental impact assessment report . . . shall include . . . [l]iterature and references cited in making the environmental impact assessment…" Presidential Decree No. 28211, sec. 46(5)(a)	There are no provisions in the EIA Act or Presidential Decree specifically requiring officials to disclose "details of consultation" (their examination of the EIA + decision) to the public.			The project proponent must conduct a presentation during the period of time the draft EIA is available to the public. Presidential Decree No. 28211, sec. 39. Public hearings may be held if enough people request a hearing through public comment. Id., Art. 40.	Presidential Decree No. 28211, sec. 40. See also, Korea Environmental Policy Bulletin, p. 13 ("[R]esident opinions need to be collected through public notice, public inspection, presentation, and public hearing.")	"Residents may present their opinions on the environmental impact anticipated as a consequence of the implementation of the relevant project[.]" Presidential Decree No. 28211, sec. 38(1).		"Upon completion of the procedures for collecting opinions and for consultation . . . a project implementer obliged to obtain approval, etc. shall prepare a new environmental impact assessment report, which shall contain the opinions presented and agreed terms and conditions, and shall submit it to the head of the approving agency[.]" EIA Act, Art. 52(2).		It appears this option is only available to the project developer. EIA Act, Art. 31 (project implementor may file objection to terms and conditions)	Possibly through the Administrative Litigation Act. (available at http://www.moleg.go.kr/english/korLawEng?pstSeq=52671).	"If the head of the consulting agency deems it necessary for ascertaining the outcomes from taking measures taken under Article 19 (1) or the performance of a plan for such measures, he/she may check the performance of agreed terms and conditions, the progress of performance, etc. with the head of the competent administrative agency." Presidential Decree No 28211, sec. 27. See also, EIA Act, Art. 41(1), which contemplates re-assessment of a project if it severely impacts the surrounding environment as a consequence of causes unforeseen at the time of the original EIA.	If officials fail to diligently monitor compliance with the details of consultation, it may be possible to bring a claim under the Administrative Litigation Act for affirmation of illegality of an omission. See Administrative Litigation Act (available at http://www.moleg.go.kr/english/korLawEng?pstSeq=52671)	If officials fail to diligently monitor compliance with the details of consultation, it may be possible to bring a claim under the Administrative Litigation Act for affirmation of illegality of an omission. See Administrative Litigation Act (available at http://www.moleg.go.kr/english/korLawEng?pstSeq=52671)
Laos PDR	Investment projects and activities are categorized into: 1) "preliminary environmental impact assessment" for projects that will cause "less or not-severe impacts;" and 2) "comprehensive environmental impact assessment" for projects that will cause "huge or severe impacts." Decree on EIA 2019, Art. 9. See also Art. 10 (describing two forms of environmental impact assessment) and Arts. 11-18 (describing preliminary impact assessment process).	"Screening of investment projects and activities [must] be based on the grouping list of investment projects and activities in respect of environmental impact assessment." If an activity is not included on the list, "the natural resources and environment sector will do the screening process based on the data of the project or activity." Decree on EIA 2019, Art. 8.	Decree on EIA 2019, Arts. 8, 9	"In preparation of a comprehensive environmental impact assessment report, the project owner must . . . [p]repare the comprehensive environmental impact assessment[.]" Decree on EIA 2019, Art. 22(1).	The EIA Decree 2019 does not expressly state that the project proponent pays for the EIA, however it can be implied from Article 22, which makes the project proponent responsible for preparing the EIA and associated studies. See also Art. 59(2) (project proponent is responsible for expenses of specialists, field inspections and implementation of the environmental management and monitoring plan).	"Preliminary environmental impact assessment and comprehensive environmental impact assessment must be done by an environmental service provider that is licensed by the Ministry of Natural Resources and Environment." Decree on EIA 2019, Art. 55	"The environmental service provider must carry out [EIA] with transparency, justice, ethics, morality and consistent with the laws and regulations and is responsible for [accuracy] of all data and information and the outcome of its study." Decree on EIA 2019, Art. 55.	The project proponant must "determine the scope of assessment and works that must be done in the comprehensive environmental impact assessment of the project." Decree on EIA 2019, Art 20. Determining the scope of the assessment includes the "collection of basic data on environment of the project to identify the key areas and potential impacts" and determining the scope of the works includes "identification of all tasks that must be done during the environmental impact assessment." Id.		See Decree on EIA 2019, Arts. 41, 43	See Decree on EIA 2019, Arts. 41, 43	"An environmental certificate is valid for the rest period of the project, but the environmental management and monitoring plan must be improved in every two or five years depending on the type of the investment projects and activities." Decree on EIA 2019, Art. 41.	"An investment project or activity owner shall deposit financial guaranties to restore, remove pollutants and clean the environment affected by its operations, from commencement till completion. Financial guaranties used for restoration cover expenses during installation, operation, and completion or post-completion of activities. The financial guaranties shall be used in case when the operator cannot fulfil its obligations in restoring, correcting, and cleaning the environment, and remunerating damages or expenses related to impacts, as being stipulated by this Law or concession contracts. Environmental Protection Law, Art. 58.	The EIA Decree 2019 does not specifically require an interdisciplinary team: "Preliminary environmental impact assessment and comprehensive environmental impact assessment must be done by an environmental service provider that is licensed by the Ministry of Natural Resources and Environment." Decree on EIA 2019, Art. 55.	An EIA must include "at least three options in which each option must show key information such as project site, project size and production process, including description on impacts on environment with a comparison of the three options, and (an explanation of) the rationale behind selection of an option." Decree on EIA 2019, Art. 22(5).	"In studying of the options, there must be an option that is not development of the project, and [it] must explain the project’s environmental condition, both benefits and adverse of such option." Decree on EIA 2019, Art. 22(5).	A management and monitoring plan is prepared separately as an attachment (depending on circumstances). Decree on EIA 2019, Art. 22(6). The plan must contain measures to protect, mitigate and remedy impacts to the environment. Id. at Art. 23.	An application for approval of preliminary and comprehensive EIA report requires a monitoring plan. Decree on EIA 2019, Arts. 14(2) & 24(3). “Environmental management monitoring plan” means a plan containing the key environmental and natural tasks, means and measures for protection, mitigation and remedy environmental and social impacts that are provided in the [EIA], as well as implementation, responsibilities, time schedule and sufficient budget for implementation of the plan. Id. at Art. 3(6).		Lao EIA provisions do not provide clear direction with regard to notifying the public that information is available to review.	Decree on EIA 2019, Art. 27(1)	Article 64 of the EIA Decree 2019 declares that the project proponent must "disclose and provide access to the data and information related to the comprehensive environmental impact assessment and the environmental management and monitoring plan (including the outcomes of monitoring). The same article also requires "periodical disclosure to the public of the data and information of the project" through various means.	The Decree on EIA 2019 does not indicate whether the environmental certificate must be published or otherwise disclosed to the public		The Ministry of Natural Resource and Environment reviews the proposed scope of EIA and must consult with other concerned ministries, but it is not required to seek public review or input. Decree on EIA 2019, Art. 21.	During the EIA preparation stage, the project proponent is required to convene"dissemination meetings" about the project development plan, environmental impacts, and benefits of the project. It is not clear whether members of the public are permitted to express their views at these meetings. During the EIA review stage, village/provincial level meetings must be held and affected community members are among those permitted to attend. Again, the Decree is not clear whether the project proponent or ministry officials must solicit and/or consider public views about the project.	Public meetings are held during the EIA preparation phase and after the EIA is complete. It is not clear whether members of the public may provide opinions or comments during these meetings. See Decree on EIA 2019, Art. 37.	Although meetings are held during the EIA preparation process, the Decree suggests that the information flow is one-way only (from project proponent to the public)	The Ministry of Natural Resources and Environment publishes the EIA on a "website for public opinions [for] fifty working days [from the date of receiving]. Any party that does not provide any comment/opinion within that period of time will be deemed having consented on it." Decree on EIA 2019, Art. 27(1). Consultation meetings are also convened for "concerned parties" at the district level and "concerned sectors" at the provincial level. Comments from these meetings are then gathered and submitted to the project proponent to incorporate into the revised application. Id. at Art. 27(2-5).	There are no provisions in the EIA Decree 2019 requiring decisionmakers to take public comments into account. Note the following provision: A condition for the issuance of approval for an EIA is that the report must "(h)ave been approved by divisions, local administration and the majority of the people affected by the investment projects and activities." Decree on EIA 2019, Art. 43(3).	"Project owners must make a public involvement plan in environmental impact assessment in each phase, as well as making public involvement analysis, particularly involvement of ethic minority, the gender equality, the people who cannot help themselves, and disadvantaged people that are affected by the investment project and activities." Decree on EIA 2019, Art. 36.		"In the case there is a dispute on environmental impact assessment, a party may file with the [competent] people’s court for adjudication in accordance with the [relevant] law." Decree on EIA 2019, Art. 72.	An application for approval of preliminary and comprehensive EIA report requires a monitoring plan. Decree on EIA 2019, Art. 14(2) & 24(3). Project owners must "perform environmental obligations pursuant to the environmental management and monitoring plan, the compensation plan, relocation and occupational resumption plan, and the specific management plan;" Id. at Art. 59(8). Articles 80-82 discuss inspection by government agencies.	Affected parties have a right "[t]o request the project owner or complain to the concerned State’s organization for solution of environmental impacts caused by the investment project [or] activity that is not lawful and unfair; [and] . . .[t]o exercise other rights as provided by the laws and regulations." Decree on EIA 2019, Art. 56(6-7). Further, the project owners have a duty to "solve the complaints submitted by those who are affected by the investment project [or] activity" Id. at 59(9). See also Arts. 70-71 (dispute resolution concerning environmental impacts and damage).	Affected parties have a right "[t]o request the project owner or complain to the concerned State’s organization for solution of environmental impacts caused by the investment project [or] activity that is not lawful and unfair; [and] . . .[t]o exercise other rights as provided by the laws and regulations." Decree on EIA 2019, Art. 56(6-7). Further, the project owners have a duty to "solve the complaints submitted by those who are affected by the investment project [or] activity" Id. at 59(9). See also Arts. 70-71 (dispute resolution concerning environmental impacts and damage).
Liberia	"The project proponent or applicant shall prepare an environmental review for project[s] or activities that may have a significant impact on the environment, and shall contain sufficient information to enable the Agency to determine whether a full environmental impact study should be required for the project." EP&M Act, sec. 12	The Agency evaluates a project brief to determine whether the applicant must prepare an EIA. EP&M Act, sec. 8(4). See also Annex I (listing projects where EIA is mandatory).	EP&M Law, secs. 6(1), 8; Annex I "Projects/Activities Requiring an Environmental Impact Assessment Mandatory List"	"For any project requiring the preparation of . . . an environmental impact study . . . the project proponent/applicant shall be responsible for the timely preparation of the required documents in accordance with all procedures and guidelines prescribed by the Agency." EP&M Law, sec. 9(1)(a)	"The cost of preparing the required documents shall be borne by the project proponent/applicant. . . ." EP&M Law, sec. 9(1)(b)	The Agency maintains a registry of approved consultants but there are no details about required qualifications. EP&M Law, sec. 10(2).		"If required, an environmental impact study shall be prepared in accordance with the Terms of Reference developed by the applicant or project proponent based on the results of the scoping activities and in consultation with the Agency[.]" EP&M Law, sec. 13		The Agency shall issue by public notice an account of the decision-making process and how the EIA results were used to make the decision. The decision shall be communicated to the project proponent/developer and a copy shall be made available at the Agency's registry for public inspection. EP&M Law, sec. 22	The Agency may require the developer to redesign the project or do such other things as necessary, taking into consideration the comments made and all environmental factors. EP&M Law, sec. 21. See also EP&M Law, sec. 23 (EIA license is issued with terms and conditions)		The Agency shall create a register of natural resource extractive activities and industrial plants that are subject to refundable performance bonds deposit. Environmental Protection Agency Act, sec. 45		EIS must include a description of the "main alternatives" and the reasons for declining to use those alternatives[.]" EP&M Law, sec. 14(1)(c). See also Guidelines, sec. 3: "[The EIS] will include a broad range of data including information on the developer, schedule, and the detailed description of the project, regulatory framework, and review of alternatives, environmental management plans, socioeconomic factors, environmental impacts, mitigation, monitoring and reclamation."	Not mentioned in the list of required content. See EP&M Law, sec. 14(1).	"The developer or project proponent shall provide an environmental mitigation plan[.]" EP&M Law, sec. 15. See also Guideline, sec. 2.6 (Mitigation Strategies and Time Frame), and sec. 3.2.9 (Environmental Management Plan (EMP) and Mitigation Measures).	The EIS must incorporate a description of measures for monitoring the anticipated adverse effects of the project. EP&M Law, sec. 14(1)(f). See also EP&M Law, sec. 24 (Environmental Monitoring) and sec. 25 (Environmental Audit).		The Agency shall publish a notice stating the particulars of the project and inviting comments on the EIS from the public EP&M Law, sec. 17	The EIS is considered a public document and is available for inspection at the registry of the Agency. EP&M Law, sec. 14(3)	The Agency shall "make available to the public all documents submitted to the Agency under Part III [EIA process] of this Law . . . ." EP&M Law, sec. 33. To the extent that reference studies are held by the Agency, the public is able to inspect them.	The Agency shall issue by public notice an account of the decision-making process and how the EIA results were used to make the decision. The decision shall be communicated to the project proponent/developer and a copy shall be made available at the Agency's registry for public inspection. EP&M Law, sec. 22	Proponent shall conduct public consultations to determine the scope of the issues to be addressed in the EIA. EP&M Law, sec. 11	The terms of reference is prepared by the project proponent and must be based on the scoping results, but the public does not have an opportunity to review or provide comments before it is made final. EP&M Law, sec. 13.	A public hearing may be held at the discretion of the Agency. The Agency "shall" hold a hearing if five or persons submit a written request or if the Agency determines that controversy about the project makes a hearing necessary. EP&M Law, sec. 18(1)(a).	EP&M Law, sec. 18		The Agency shall publish a notice stating the particulars of the project and inviting comments on the EIS from the public EP&M Law, sec. 17	When considering an application the Agency "shall tak[e] into consideration the suggestions of comments made and all environmental factors." EP&M Law, sec. 21, see also EP&M Law, sec. 22 ("The Agency shall consider . . . all the comments from the public and line ministries before any decision is made.")	Notice shall be broadcast on a popular local station in English and at least one vernacular language relevant to the venue; and disseminated through county environmental committees, NGO's and CGO's.	"Any person aggrieved by the decision of the agency to issue or refuse to issue a license . . .may, within 30 days of being informed of that decision, request in writing setting forth the reasons of his request that, the agency reconsider its decision." EP&M Law, sec. 30	Any person aggrieved by a decision of the Agency (see administrative review) may appeal to the Environmental Court within 15 days of the decision. EP&M Law, sec. 30	The Agency, in consultation with the relevant ministries, shall monitor mitigation measures and the operations all projects. The operatio of the project shall comply with the environmental mitigation plan. An environmental inspector may enter upon any land. EP&M Law, sec. 24
Malaysia	Certain activities may be authorized after preparation of a "preliminary EIA." However, the law and guidance are not particularly clear in identifying which activities are subject to the less-detailed assessment.	"The Minister, after consultation with the Council, may by order prescribe any activity which may have significant environmental impact as prescribed activity." EQ Act, sec. 34A(1); see also Environmental Quality (Prescribed Activities)(Environmental Impact Assessment) Order, 1987	Prescribed activities are described in the Environmental Quality (Prescribed Activities)(Environmental Impact Assessment) Order, 1987.	"Any person intending to carry out any of the prescribed activities shall, before any approval for the carrying out of such activity is granted by the relevant approving authority, submit a report to the Director General." EQ Act, sec. 34A(2).		The DOE maintains a consultant registration scheme. According to the EIA guidance: "An EIA Study has to be conducted by competent individuals who are registered with the Department of Evironment under the EIA Consultant Registration Scheme . . . As such, the project proponent or EIA study team leader has to ensure that all members in the EIA study team are registered with the Department of Environment." EIA Procedures and Requirements, p. 6.		For projects which have been determined to require detailed assessment, the project initiator must submit the terms of reference (TOR) in accordance to the format outlined in specific EIA guidelines. The draft TOR for Detailed Assessment are prepared by the project initiator and to be confirmed by the expert Review Panel and are prepared in consultation with relevant environment related agencies and the project initiator.		If the Director General finds the EIA is adequate, "he shall approve the report, with or without conditions attached thereto, and shall inform the person intending to carry out the prescribed activity and the relevant approving authorities accordingly." EQ Act, sec. 34A(3) (as amended).	If the Director General finds the EIA is adequate, "he shall approve the report, with or without conditions attached thereto, and shall inform the person intending to carry out the prescribed activity and the relevant approving authorities accordingly." EQ Act, sec. 34A(3) (as amended).		Financial assurances are not mentioned in the EIA law.		The TOR for Detailed EIAs require: "[a] brief discussion on the project options of how the reasonable options were selected and provide the basis for the elimination or options determined to be not reasonable." EIA Procedure and Requirements, Appendix 5, Annex 2.		"The [EIA] report shall be in accordance with the guidelines prescribed by the Director General and shall contain. . . proposed measures that shall be undertaken to prevent, reduce or control the adverse impact on the environment." EQ Act, sec. 34A(2). For detailed EIA reports, the project proponent is required to "define the areas of the proposed project activities to be focused when discussing mitigation and abatement measures" at pre-costruction, construction, and post-construction stages. EIA Procedure and Requirements, Appendix 5, Annex 2.	If the project is approved by the Director General, the project proponent "shall provide sufficient proof that the conditions attached to the report (if any) are being complied with and that the proposed measures to be taken to prevent, reduce or control the adverse impact on the environment are being incorporated into the design, construction and operation of the prescribed activity." EQ Act, sec. 34A(7) (as amended).		The public is notified through mass media when the detailed EIA reports are available for comment. EIA Procedure and Requirements in Malaysia, p. 14.	Detailed EIAs are displayed at all Dept. of Environment offices, as well as public and university libraries. EIA Procedure and Requirements in Malaysia, p. 14.			For detailed EIAs, the Terms of Reference (TOR) acts as the scoping process, which must be submitted by the projct proponent "in accordance to the format outlined in specific EIA guidelines." EIA Procedures and Requirements, Appendix 5(1).		The EIA law does not outline public meeting or hearing procedures.	The EIA law does not outline public meeting or hearing procedures.		According to Ministry resources, public participation is required for detailed EIAs. "The Detailed EIA involves EIA report display for the public and affected community to comment." Department of Environment, "Environmental Requirements: A Guide for Investors" (2010), p. 11 & Appendix F2 (available at http://www.doe.gov.my/eia/wp-content/uploads/2012/03/A-Guide-For-Investors1.pdf).	No mention in the laws or regulations			Courts of Judicature Act, 1964 and the Rules of High Court permit judicial review.	If the project is approved by the Director General, the project proponent "shall provide sufficient proof that the conditions attached to the report (if any) are being complied with and that the proposed measures to be taken to prevent, reduce or control the adverse impact on the environment are being incorporated into the design, construction and operation of the prescribed activity." EQ Act, sec. 34A(7) (as amended).
Maldives	Projects not listed in Schedule D (EIA mandatory) will require either an Initial Environmental Examination Study or an Environmental Management Plan. This decision is rendered after screening. Regulation, sec. 8(a), (b).	Schedule D identifies projects that require an EIA. For all other projects, the proponent submits a screening form found in Schedule C1. The Ministry decides what level of impact assessment, if any, will be required. Regulation, sec. 8.	Regulation, Schedule D (list of projects). The Ministry can require an EIA if it deems that the project "may cause a significant impact on the environment." Regulation, sec. 9(b).	Regulation, sec. 12(e).	"The proponent shall be responsible for all costs and expenses incurred in the preparation of all the required documents." Regulation, sec. 7(b); see also Regulation, sec. 12(e).	Only registered consultants may prepare impact assessment. The Ministry maintains the registry and appoints a registration board that reviews all applications. Regulation, sec. 17. Qualification criteria for consultants are set out in Schedule O(1). Registration is valid for 5 years. Regulation, sec. 18(c).	Consultants who submit false or substandard information/documentation; submit substandard, plagiarized or deliberately misleasing reports; or violate the Regulation may have their certificate of registry cancelled. Regulation, sec. 19. There are monetary penalties, as well. Regulation, sec. 20.	"[T]he main environmental issues relating to the Development Proposal shall be discussed between the designated authority by the Minister or the ministry and the proponent or proponent’s designate and shall agree on a Terms of Reference." Regulation, sec. 11(b). "After the scoping meeting, the proponent shall submit Terms of Reference for the Environmental Impact Assessment Report to the Ministry and the Ministry shall study and endorse the Terms of Reference[.]" Regulation, sec. 11(d).		"Once the review of the Environmental Impact Assessment report is complete, and when additional public consultations, pursuant to (g) of Article 13 of this regulation, have been conducted, the Ministry shall issue the Environmental Decision Statement." Regulation, sec. 14(a).	The Environmental Decision Statement may "[a]pprove the application conditionally by requiring the proponent undertakes various activities as the Ministry considers necessary pursuant to Schedule J" Regulation, sec. 14(b)(1).	"In the event the project activity has not commenced within one(1) year from the date of the Decision Statement, the Environmental Decision Statement shall be considered null and void" Regulation, sec. 14(d). In certain circumstances, the Ministry may extend the Environmental Decision Statement. Regulation, sec. 14(e).			"The Environmental Impact Assessment report should not comprise statements of general nature but instead shall provide substantive and predictive information on the proposed activity, a realistic review of alternatives, measures proposed to mitigate all adverse impacts, as well as the opportunities for environmental, economic and social enhancement." Regulation, sec. 12(b); see also Schedule E(1).	"Identify and describe at least three alternatives, one of which should be the no-development option; define clear criteria to evaluate the alternatives, and determine the preferred alternative." In addition, the project proponent must "[d]iscuss whether the project be undertaken elsewhere, perhaps an alternative location with less adverse impacts. Regulation, Schedule E(1).	Regulation, Schedule E(1).	"An Environmental Monitoring Plan should be included that contains provisions made for on-site monitoring during (1) site preparation, (2) construction/implementation, and (3) decommissioning phases; as well as the longer term maintenance requirements." Regulation, Schedule E(1).			EIA reports are only published on the Ministry's website. Regulation, sec. 7(d).	This information could be sought under the access to information law for Maldives.	"The Ministry shall communicate the Environmental Decision Statement to the proponent and shall publish it on the Ministry's website." Regulation, sec. 14(c).	Members of the public are not involved in scoping. The Ministry may invite representatives from other relevant authorities. Regulation, sec. 11(b).		"[S]ome projects may be sufficiently controversial or complex to require further public input before an Environmental Decision Statement can be issued; in such instances the proponent will be notified and requested to arrange, and pay for a public meeting or meetings at a location or locations to be determined by the Ministry." Regulation, sec. 13(g).	The EIA Regulation does not describe public participation requirements in any detail. It is unclear whether members of the public may make their views known at public hearings.		"The Ministry shall accept comments from the relevant ministries and authorities and the public on the Environmental Impact Assessment Report under review for a period of ten (10) working days after it is available for public viewing." Regulation, sec. 13(d).	"In issuing the Environmental Decision Statement the Ministry will take in to account the comments received from the general public for the Initial Environmental Examination or Environmental Impact Assessment under review." Regulation, sec. 13(e)			"Where the rights of a person, a group or community has been adversely affected by administrative action, every such person, group or every person who may be directly affected by such action has the right to submit the matter to court." Article 43(c) of the Constitution. Schedule 5 of the Judicature Act of the Maldives vests jurisdiction of these proceedings with Magistrate Courts.	Summary monitoring reports are submitted at 2-month intervals during site preparation, construction and decommissioning phases. Regulation, Schedule N. Penalties may be assessed if monitoring requirements in the Environmental Decision Statement are not fulfilled. Regulation, sec. 20(3). The Minister may authorize an enforcement officer to monitor a project's impacts. Regulation, sec. 23.	There are no provisions in the EIA Regulation allowing citizens or NGOs to enforce the terms and conditions of an Environmental Decision Statement.	There are no provisions in the EIA Regulation allowing citizens or NGOs to enforce the terms and conditions of an Environmental Decision Statement.
Malta	The Authority has discretion in exceptional cases to exempt projects from the EIA provisions. In such instances, the Authority may "consider whether another form of assessment would be appropriate." EIA Regulations, sec. 5(1)(a).	"The Authority shall, at the earliest appropriate moment, undertake vetting to determine whether a project submitted for its consideration falls under these regulations. EIA Regulations, sec. 11	Any project listed under Schedule I, Category I requires an EIA. EIA Regulations, sec. 10(1). Projects under Schedule I, Category II require mandatory screening. EIA Regulations, sec. 10(2). Other proposals are examined by the Authority on a case-by-case basis to determine whether they might have significant environmental impacts. EIA Regulations, secs. 10(3),(4). Schedule III details the criteria to be applied in screening.	The project proponent is responsible for commissioning the EIA report. Consultants engaged to draft the report shall be professional, independent, impartial, and duly competent experts in the respective areas of the assessment EIA Regulations, sec. 17.	EIA Regulations, sec. 17(1)	Consultants carrying out the EIA report shall be professional, independent, impartial, and duly competent experts in the respective areas of the assessment. Consultants shall be registered and must follow the regulations, procedures, rules and guidelines estabished by the Authority and by the Registration Board. EIA Regulations, sec. 17(2). See also EIA Regulations, sec. 18(4) (consultants must ensure the professional and scientific integrity of the EIA report).	Consultants are required to sign a declaration that they have no conflicts of interest that may affect any aspect covered by these regulations. EIA Regulations, sec. 17(3); see also sec. 36 (duty to carry out responsibilities in a fair and impartial manner and avoid conflicts of interest)	"The terms of reference . . . shall be based on the information established in Schedule IV, and shall specify the information that may be required for reaching an informed conclusion in the significant effects of the project on the environment[.]" EIA Regulations, sec. 16(1).		The Authority prepares a "final assessment" of the EIA report. EIA Regulations, sec. 23(1). The assessment shall "shall be made publicly available on the Authority’s website" and must include "detailed reasons as to whether it agrees with or does not agree with the conclusions reached by the consultant." EIA Regulations, secs. 23(1), (2)	Yes. The Authority may recommend to the permitting authority to include any conditions and measures in the development consent. EIA Regulations, sec. 32(1). See also Development Planning Act, sec. 72(1) ("[T]he Planning Board shall be entitled to impose such conditions which it may deem appropriate.")	Development Planning Act, sec. 72(4)("Development permission may be granted for a limited period but shall cease to be operative if the activity or development has not been completed within the period specified in the development permission.")	The Authority may recommend to the permitting authority to include the imposition of financial guarantees in favor of the Authority. EIA Regulations, sec. 32(a)(i)		The EIA report shall include "a description of the reasonable alternatives studied, which are relevant to the project and its specific characteristics. . . . " EIA Regulations, sec. 18(1)(e); Schedule IV(3).	A "zero option" (no-development scenario) must be considered. EIA Regulations, Schedule IV(3)	The EIA report shall include a description of "measures envisaged in order to avoid, prevent or reduce and, if possible, offset any likely significant adverse effects on the environment." EIA Regulations, sec. 18(1)(d); see also Schedule IV.	The EIA must include a proposed programme to monitor the site and environmental impacts of the project during the construction, operational, and decommissioning phases. EIA Regulations, Schedule IV(9)		Notice of submission of the EIA report to the Authority must be published in at least one daily or weekly newspaper in Maltese and one in English. The Authority must publish notice on its website. EIA Regulations, sec. 19(1).	The EIA shall be made available on the Authority's website and in its offices. The EIA is made available to the local council in the locality where the project is proposed. EIA Regulations, sec. (19)(2)	"The technical studies shall be attached to the EIA report in the form of appendices or annexes" EIA Regulations, sec. 18(3)	The Authority's final assessment shall be made publicly available on the Authority’s website. EIA Regulations, sec. 23(1). The planning authority's decision to approve or reject a project would likely be made available to the public through provisions in the Development Planning Act and Malta's access to environmental information law.	The Authority shall invite the government entities, local councils, and the public "to make recommendations and ancillary reasoned justifications on any relevant matters that merit inclusion in the terms of reference . . . ." EIA Regulations, sec. 16(2)	The Authority prepares a draft terms of reference that is shared with the project developer and EIA coordinator (if one has been appointed) for the opportunity to propose amendments. Thereafter, the Authority issues the final terms of reference. The public is not included in this step. EIA Regulations, sec. 16(4).	The Authority "shall arrange for a public hearing to take place at a suitable venue, within the same locality in which the project is proposed but not within the developer’s property. At this hearing, the public may comment on, and enquire about, the EIA report as well as the proposed project and its impacts, and may request any relevant information and clarifications." EIA Regulations, sec 20(1)	The Authority "shall arrange for a public hearing to take place at a suitable venue, within the same locality in which the project is proposed but not within the developer’s property. At this hearing, the public may comment on, and enquire about, the EIA report as well as the proposed project and its impacts, and may request any relevant information and clarifications." EIA Regulations, secs. 20(1); 23(1)		The Authority "shall arrange for a public hearing to take place at a suitable venue, within the same locality in which the project is proposed but not within the developer’s property. At this hearing, the public may comment on, and enquire about, the EIA report as well as the proposed project and its impacts, and may request any relevant information and clarifications." EIA Regulations, sec 20(1)	The EIA coordinator must ensure to the extent reasonably possible that experts are available to respond to public inquiries during the hearing. EIA Regulations, sec. 20(5). All submissions, comments and enquiries must be collated into a report by the Authority and sent to the EIA coordinator for its response. EIA Regulations, sec. 21(1). The report including all relevance responses shall be presented in an appendix to the EIA report. EIA Regulations, sec. 21(1).		Any aggrieved person or interested third party may seek review of the permitting authority's decision before the Environment and Planning Review Tribunal. See Environmental and Planning Review Tribunal Act, sec. 11(1). Appeals may be filed on any ground, including material factual error, material procedural error, or error of law. Id., sec. 11(3). Appeals must be filed within 30 days from the date of publication of the decision. Id., sec. 13.	Judicial review is available in certain circumstances. "The decisions of the Tribunal shall be final and no appeal shall lie therefrom, except on a point of law decided by the Tribunal or on any matter relating to an alleged breach of the right of a fair hearing before the Tribunal." Environmental and Planning Review Tribunal Act, sec. 39. Any appeal would be filed with the Court of Appeal. Id., sec. 50	"The Authority shall require monitoring of the relevant effects of the project on the environment, in accordance with specifications and procedures as it deems most appropriate and effective in order to avoid, prevent or reduce and, if possible, offset significant adverse effects on the environment." EIA Regulations, sec. 32. The EIA regulations include additional provisions clarifying the Authority's responsibilities and the proper scope of monitoring activities. See sec. 32(b-d). If monitoring reveals unexpected impacts, "the Authority shall require any remedial measures, including adjustments to the project or of the works methodology, to address to its satisfaction any impacts, risks or adverse implications identified." EIA Regulations, sec. 32(c)(iv).
Mexico		See Reglamento, Arts. 27, 28	LGEEPA, Art. 28		Reglamento, Art. 9(1)		Conflicts of interest are not regulated in Mexico's EIA laws.						The authority can require these these financial assurances when there is a danger that the project can heavily impact the environment. The law considers that this can happen when: the project may release toxic, persistent or bio-accumulative substances into the environment; the project is carried out in areas with protected or endangered wildlife; when the project is carried out in protected areas. Reglamento, Article 51	It is not a formal requirement of the law, but EIAs are usually prepared by interdisciplinary teams.	There is only one case where alternatives should be presented. According to article 13.IV of the Regulations on EIAs of Mexico's Environmental Law, "regional" EIAs must present alternatives on the expected outcomes. (A regional EIA is presented for complicated issues set out in the law)	There is no specific legal provision addressing this requirement.	Article 12 and 13 of the Regulations of the General Environmental Law concerning EIA establish that an EIA must describe mitigation measures.			Notice is published in the official newspaper of the Ministry for the Environment.									An abstract is public and it is made available to the public during 10 days, then there are 20 days to make comments. EIA Regulations, Article 31; Art. 34.IV (LGEEPA)	Authorities are not required to address public comments or take them into account. According to article 44 of the Regulations to the General Law on the Environment for EIAs, the authority may take public comments into account when setting out preventive and mitigation measures. See also LGEEPA, Art. 34.V		LGEEPA, Arts. 176, 179 & 180; see also Arts. 83 y ss. (Ley Federal de Procedemiento Administrativo)	LGEEPA, Arts. 176(1), 180; recurso ante el Tribunal Federal de Justicia Fiscal y Administrativa; Ley Federal de Procedimiento Contencioso-Administrativo (publicada en el D.O.F. de 1 de diciembre 2005)	Reglamento, Arts. 55, 59 y ss.	Citizens and NGOs can file complaints before the PROFEPA (The Attorney General for the Protection of the Environment) if the terms and conditions of the EIA are not being fulfilled.	Citizens and NGOs can file complaints before the PROFEPA (The Attorney General for the Protection of the Environment) if the terms and conditions of the EIA are not being fulfilled.
Myanmar	Certain projects will be subject to a less-detailed analysis in an Initial Environmental Examination (IEE). EIA Procedure, secs. 2(c). According to the Procedure, IEE-type projects "have some Adverse Impacts, but of lesser degree and/or significance than those for EIA Type Projects." EIA Procedure, sec. 2(c). Appendix 2 to the EIA Procedure contains a flowchart describing the levels of assessment.	"The Project Proponent shall submit the Project Proposal to the Ministry for Screening." EIA Procedure, sec. 23(a). Sections 23-30 EIA Procedure describe the screening process.	EIA Procedure, secs. 25-28; EIA Procedure, Annex I	"The Project Proponent must appoint a registered Third Person or Organization to carry out the EIA investigation and reporting. Prior to commencement of the EIA, the Project Proponent shall inform the Department in writing as to the identity of the duly registered person(s) and/or organization it has selected to undertake the EIA investigation and reporting." EIA Procedure, sec. 45.	"All costs incurred in completing the EIA Report disclosure and review, including the public consultation process, shall be borne by the Project Proponent." EIA Procedure, sec. 69	An applicant who intends to develop a project, business, service, or activity "shall manage to conduct environmental impact assessment by a third party or an organization with suitable qualifications by the Ministry." Environmental Conservation Rules, Chapter XI, sec. 56. "[A]ny Third Person or Organization, whether foreign or domestic, who wishes to prepare an IEE and EIA shall first apply to the Department together with the information and supporting evidence indicated below, to complete such registration." EIA Procedure, sec. 17. The application must include: the applicant's information, their relevant experience, and, for key personnel, an outline of each person's experience in the field of environmental assessment, academic credentials, relevant certificates and accreditations. Id. Once the applicant has submitted its intent to have a third party conduct the EIA, the Ministry shall "determine and decide . . . whether or not it is a suitable third party." Environmental Conservation Rules, Chapter XI, sec. 57.	"[T]he Department may suspend or cancel the registration of any organization or person who has been registered in accordance with Article 18 or any prior requirements, and may impose such other corrective or punitive measures as may be lawfully available to it, . . . if the Department determines that such person or organization has violated any provision of Republic of the Union of Myanmar law, or if the assessments of such person or organization contain significant errors or are materially misleading or have not been prepared in accordance with recognized standards generally applicable to such work and services and/or relevant provisions of the Law, the Rules, this Procedure or other applicable Republic of the Union of Myanmar laws." EIA Procedure, sec. 20.	"Based on the Scoping, the Project Proponent shall prepare the TOR for the EIA investigations in accordance with applicable guidelines issued or adopted by the Ministry." EIA Procedure, sec. 52.	There are no provisions in the EIA system allowing automatic approval. If the project is complex, the Ministry may extend the time to review the EIA and other documentation. See EIA Procedure, sec. 68	There are no provisions specifically stating that a decision must be in writing, but it is assumed from context. "Upon completion of its review of the EIA Report, the Ministry shall;. . . publicly and timely disclose its decision by appropriate means." EIA Procedure, sec. 70.	"The Ministry may, in issuing the prior permission, stipulate terms and conditions relating to environmental conservation." Environmental Conservation Law, sec. 24. "Upon completion of its review of the EIA Report, the Ministry shall; a) approve the EIA Report with the guidance of the Committee, subject to any conditions as may be prescribed, and issue an ECC . . . ." EIA Procedure, sec. 70.	"An ECC issued by the Ministry shall be valid for a period of five (5) years from the date of issuance. Six (6) months prior to expiration of an ECC issued by the Ministry, the Project Proponent may apply to the Ministry for an extension." EIA Procedure, sec. 93.	Financial assurances are discretionary. "The Ministry may prescribe conditions of an ECC. Such conditions may encompass any or all of: . . . n) Financial guarantee: (i) type of guarantee, (ii) amount, (iii) timing, (iv) application, (v) type and financial capacity of guarantor;" EIA Procedure, sec. 91(n).	This issue is not addressed in the EIA law or procedure.	The EIA shall include "an analysis of Alternatives. Such analysis shall include a description of each Alternative, and an assessment and comparison of the Adverse Impacts, required mitigation measures and Residual Impacts of the Alternatives." EIA Procedure, sec. 58; see also sec. 2 (defining "alternatives"). Specifically, the EIA shall contain a "[d]description of the selected Alternative(s) by Project phase (preconstruction, construction, operation, decommissioning, closure and postclosure)." EIA Procedure, sec. 63, (4.5).	"No action" is not included in the definition of alternatives. See EIA Procedure, sec. 2	According to the EIA Procedure, the EIA investigation requires an analysis of alternatives and mitigation measures. EIA Procedure, sec. 58. Further, according to EIA Procedure sec. 63, the EIA Report shall include impact and risk assessment and mitigation measures. EIA Procedure, sec. 63 (6.0).	"The Project Proponent is responsible for the preparation of an EIA Report which shall contain the following: . . . a comprehensive monitoring plan" EIA Procedure, sec. 63.	Members of the public are not permitted to review a draft version of the EIA	"Not later than fifteen (15) days after submission of the EIA Report to the Department, the Project Proponent shall disclose the EIA Report to civil society, PAPs, local communities and other concerned stakeholders: (i) by means of national media (i.e. newspapers); (ii) the website(s) of the Project or Project Proponent; (iii) at public meeting places (e.g. libraries, community halls); and (iv) at the offices of the Project Proponent. EIA Procedure sec. 65. "Upon receipt of the EIA Report, the Ministry will make the EIA Report publicly available." EIA Procedure, sec. 66	". . . . the Project Proponent shall disclose the EIA Report to civil society, PAPs, local communities and other concerned stakeholders: (i) by means of national media (i.e. newspapers); (ii) the website(s) of the Project or Project Proponent; (iii) at public meeting places (e.g. libraries, community halls); and (iv) at the offices of the Project Proponent. " EIA Procedure, sec. 65.	The EIA Procedure requires the Project Proponent to provide timely disclosure of all "relevant" information about the proposed project. EIA investigations must "include all necessary data collection, technical studies, modeling, field surveys, field sampling, laboratory analysis, engineering designs and calculations, and consultations to determine and document that all feasible measures are taken to ensure that all Residual Impacts are within applicable limits and are acceptable to the Ministry and interested and affected persons." EIA Procedure, secs. 57, 61.	"Upon completion of its review of the EIA Report, the Ministry shall;. . . c) publicly and timely disclose its decision by appropriate means." EIA Procedure, sec. 70.	"All EIA Type Projects shall undergo Scoping." EIA Procedure, sec. 47.	Although members of the public participate in scoping, they do not have an opportunity to review the TOR before it is made final.	Public meetings are held during the EIA investigations by the Project Proponent. EIA Procedure, sec. 50. "Upon receipt of the EIA Report from the Project Proponent, the Department shall: . . . d) arrange public consultation meetings at national, regional, state, Nay Pyi Taw Union Territory and local levels where the Project Proponent shall present the EIA Report. . . ." EIA Procedure, sec. 67.	Neither the Law nor the Procedures explicitly permit the public to speak or provide information at public meetings or hearings. However, according to EIA Procedure, sec. 67 (d) and (e), the Department shall "arrange public consultation meetings" and "collect and review all comments and recommendations received." EIA Procedure, sec. 67.	A draft EIA is not made available to the public.	"Upon receipt of the EIA Report from the Project Proponent, the Ministry shall . . . b) invite comments and suggestions on the EIA Report from all relevant parties including involved government organizations, institutions, civil society organizations, and PAPs, as appropriate[.]" EIA Procedure, sec. 67	"Upon receipt of the EIA Report from the Project Proponent, the Department shall . . . Collect and review all comments and recommendations received, including those of the EIA Report Review Body, and forward the same to the Ministry to enable it to make a final decision on approval of the EIA Report." EIA Procedure, sec. 67.		"Within thirty (30) days of public disclosure that the EIA Report has been approved or rejected by the Ministry, any Project Proponent, person or organization which submitted the EIA Report in accordance with this Procedure, and any other person or organization potentially affected by any Adverse Impacts of the Project, shall have the right to file an appeal to the Committee through the Ministry with respect to the Ministry decision to reject or approve such EIA Report. . . ." EIA Procedure, sec. 71	According to the Myanmar Constitution, judicial review may be available through writ to the Supreme Court. Constitution of the Republic of the Union of Myanmar (2008), Art. 296. Further, judicial review in the High Court is available due to the Court's jurisdiction over "adjudicating on matters prescribed by any law." Constitution of the Republic of the Union of Myanmar (2008), Art. 306(d).	"The Project Owner shall submit monitoring reports to the Ministry not less frequently than every six (6) months as provided in a schedule in the EMP, or periodically as prescribed by the Ministry." EIA Procedure, sec. 108. Within ten (10) days of completing a monitoring report . . . the Project Proponent shall make such report (except as may relate to National Security concerns) publicly available on the Project’s website, at public meeting places (e.g. libraries, community halls) and at the Project offices. Any organization or person may request a digital copy of a monitoring report and the Project shall, within ten (10) days of receiving such request, submit a digital copy via email or as may otherwise be agreed upon with the requestor." EIA Procedure, sec. 110.
Namibia		"When an application is made for an environmental clearance certificate, the Environmental Commissioner must...within the prescribed time, decide whether the proposed activity requires an assessment." EM Act, sec. 33(1)(b).	"Assessments must be undertaken for activities which may have a significant effects on the environment or the use of natural resources." EM Act, sec. 3(2)(e); "The Minister…may list…activities which may not be undertaken without an environmental clearance certificate." EM Act, sec. 27(1). See Annexure to Government Notice No. 29 of 2012, List of Activities that May Not Be Undertaken Without Environmental Clearance Certificate.	The Environmental Commissioner must "notify the proponent that an assessment of the proposed activity is required to be carried out and prepared by the proponent, at the proponent’s own expense. . . ." EM Act, sec. 35(1)(b).	The Environmental Commissioner must "notify the proponent that an assessment of the proposed activity is required to be carried out and prepared by the proponent, at the proponent’s own expense. . . ." EM Act, sec. 35(1)(b).	"An EAP [environmental assessment practitioner] . . . [must] have knowledge of and experience in conducting assessments, including knowledge of the Act, these regulations and guidelines that have relevance to the proposed activity." EIA Regulations, sec. 4.	An environmental assessment practitioner (EAP) must "perform the work relating to the application in an objective manner, even if this results in views and findings that are not favourable to the applicant[.]" EIA Regulations, sec. 4(b). An EAP must also "disclose to the proponent, competent authority and the Environmental Commissioner all material information in the possession of the EAP that reasonably has or may have the potential of influencing . . .any decision . . . or the objectivity of any report, plan or document to be prepared by the EAP." Id.	"Where the Environmental Commissioner has. . . decided that the proposed activity requires an assessment the Environmental Commissioner must (a) determine - (i) the scope of the assessment; and (ii) the procedures and methods for conducting the assessment." EM Act, sec. 35(1). "The terms of reference for an assessment must set out the approach that the proponent intends to follow in undertaking an assessment in accordance with the Act. . . ." EIA Regulations, sec. 9	The Act and EIA regulations do not contain provisions allowing a project or activity to be automatically approved.	EM Act, sec. 38. All decisions must be lodged in a record. A copy of the record must be made available for public inspection at the office of the Environmental Commissioner during office hours	Environmental clearance certificate may contain conditions. EIA Regulations, sec. 18		There is no requirement to provide financial assurances or a bond in the Act or EIA Regulations.		The environmental assessment must contain "a description and comparative assessment of all alternatives identified during the assessment process." EIA Regulations, sec. 15(2)(d); see also sec. 1 (defining "alternatives")	The Act and EIA Regulations do not specifically require a no action alternative to be considered; however it is encouraged under the guidelines. "EIAs should consider the impacts of three alternatives: the proposed activity for the proposed project under consideration; the no-action alternative; and other alternatives to the proposed activity that fulfills the general objective or need." EIA Guidelines, sec. 4.2.	"An assessment report must contain all information that is necessary for the Environmental Commissioner to consider and to make a decision on the application, and must include. . . an assessment of each identified potentially significant effect, including. . . the degree to which the effects can be mitigated." EIA Regulations, sec. 15(2)(h)(gg); see also EIA Regulations, sec. 8(j) (describing required content of draft management plan - which includes "a description of the manner in which the applicant intendsto modify, remedy, control or stop any action, activity or process which causes pollution or environmental degradation remedy the cause of pollution or degradation and migration of pollutants.")	The proponent must submit to the relevant competent authority. . . the management plan…" EIA Regulations, sec. 7(2)(b). "Management plan" is defined as "a plan that describes how activities that may have significant environments effects on the environment are to be mitigated, controlled and monitored. . . ." EIA Regulations, sec. 1		Upon receipt of the completed environmental assessment, the Environmental Commissioner must notify the public (or direct the project proponent to notify the public). The notice must include an invitation to submit written comments. EM Act, sec. 35(6); EIA Regulations, sec. 16(b). See EIA Regulations, sec. 21 (discussing notice requirements)	Public notice of the availability of the EIA must "state that the application and assessment report are available for inspection at the office of the Environmental Commissioner[.]" EM Act, sec. 36(7)(b)	The Act and EIA Regulations do not specify whether the public has access to supporting studies or data gathered during the EIA process.	Decisions are lodged in a public registry.	"When determining the scope, procedures and methods of an assessment the Environmental Commissioner must follow the consultative process referred to in section 44." EM Act, sec. 35(3); see also EIA Regulations, sec. 7 (further describing scoping process)	Although the public is consulted during the process of preparing the terms of reference (scoping), there is no opportunity to review the TOR before it is made final.	Public hearings are not required in every instance. Within a reasonable time after the close of the public comment period on the EIA, "the Environmental Commissioner must review the application and may take any action the Environmental Commissioner considers appropriate for the review of the application, including. . . holding a public hearing." EM Act, sec. 36(1)(c)	The Act and EIA Regulations do not clearly address public input, but it is presumed from context that public input is permitted at the hearing. **NOTE: Only "registered" parties are entitled to submit comments - this provision restricts the opportunity for members of the public to participate in the EIA process. The registry process is described in section 23 of the EIA Regulations.		EM Act, sec. 35(7)(c); see also EIA Regulations, sec. 23(1) ("A registered interested or affected party is entitled to comment in writing, on all written submissions made to the Environmental Commissioner..."). **NOTE: Only "registered" parties are entitled to submit comments - this provision restricts the opportunity for members of the public to participate in the EIA process. The registry process is described in section 23 of the EIA Regulations.		The EIA regulations only provide the most general of requirements to facilitate public participation. Any person conducting public participation must ensure that "consultation by potential interested and affected parties is facilitated in such a manner that all potential interested and affected parties are provided with a reasonable opportunity to comment on the application." EIA Regulations, sec. 21(6). Throughout the EIA Regulations there are provisions that limit public participation - e.g. only registered parties may submit comments on final EIA	"Any person aggrieved by a decision of the Environmental Commissioner in the exercise of any power in terms of this Act may appeal to the Minister against that decision." EM Act, sec. 50(1). Additional requirements are described in section 25 of the EIA Regulations (e.g. appeals must be filed within 14 days of decision). ***NOTE: There is a fee to file an appeal - this requirement restricts access to justice. EIA Regulations, sec. 25.	"Any person aggrieved by a decision of the Minister made in terms of section 50(4) or a decision under section 21 may appeal, on points of law only, against that decision to the High Court within the prescribed time and in the prescribed manner." EM Act, sec. 51(1)	The project proponent is responsible for paying implementing environmental monitoring, subject to audits, within a pre-determined monitoring area. EIA Guidelines, Part I, Stage 14. See also EIA Guidelines, sec. 7.2.
Nepal	An Initial Environmental Evaluation (IEE) must be prepared for proposals listed in Schedule 1 of the Environment Protection Rules. IEE is defined as "a report on analytical study or evaluation to be prepared to ascertain as to whether, in implementing a proposal, the proposal does have significant adverse impacts on the environment or not, whether such impacts could be avoided or mitigated by any means or not." EP Act, sec. 2(f)	After reviewing an Initial Environmental Evaluation (IEE), the "concerned agency may issue [an] order to carry out Environmental Impact Assessment of the proposal." EP Act, sec. 6(2)	See Schedule -1 and -2 of Environment Protection Rules	EP Rules, sec. 3				The Ministry shall determine the scope of the EIA as proposed (by the proponent) or in revised form. EP Rules, sec. 4(5) (Note: English translation is not entirely clear) The proponent also prepares a work schedule for the EIA that must be approved by the Ministry. EP Rules, sec. 5(2)		The law and regulations are silent as to whether the decision must be issued in writing - see EP Rules, sec. 11 ("Power to Grant Approval to Implement Proposals")	The concerned agency or Ministry may grant approval with prescription of necessary terms. EP Act, sec. 6(6)		Not addressed in law or regulations.		EP Rules, Schedule 6(7)	The EIA must contain an "[a]nalysis of the consequences of the non-implementation of the proposal" EP Rules, Schedule 6(7)	The EIA must "mention practical preventive measures to be adopted for all activities which could have a negative impact on the environment." The effectiveness of preventive measures must be analyzed. EP Rules, Schedule 6(8)	The EIA must "mention the procedure of monitoring the impact of the implementation of the proposal on the environment, as well as the monitoring agency, time schedule, monitoring and evaluation indicators[.]" EP Rules, Schedule 6(11)		The Ministry shall arrange so that all the general public may copy the report, by oneself, to render opinions and suggestions on the report. EP Act, sec. 6(3); see also EP Rules, sec. 11(2) (notice shall be published in any daily newspaper)	The law and regulations do not specify where the EIA report must be made available.		It is not clear from the law or regulations whether the public receives notice of the Ministry's decision to approve or reject a proposal.	For any proposal requiring an EIA, the proponent must publish a notice in any national level newspaper, requesting the Village Development Committee or Municipality where the proposal is to be implemented, as well as the schools, hospitals, health posts a	No addressed in the law or rules.	During the course of preparing the EIA report, the proponent must hold a public hearing in the village or municipality where the proposal is to be implemented and collect opinions/suggestions. EP Rules, sec. 7(2)	The proponent shall collect "opinions and suggestions" from the public. EP Rules, sec. 7(2)		The Ministry publishes notice that the EIA is available and the public has 30 days to offer "opinions and suggestions." EP Rules, sec. 11(2)	The Ministry must consider the EIA report "in the light of" opinions and suggestions received by the public and any expert committee, if one has been formed to review the report. EP Rules, sec. 11(4)	Not addressed in the law or regulations.		"A person who is not satisfied with the decision or order made by the prescribed authority may appeal to the concerned Appellate Court within thirty five days from the date of the decision or order." EM Act, sec. 19	"The concerned body shall monitor and evaluate the impact of the implementation of the proposal on the environment. (2) In case where it is found in the course of carrying out monitoring and evaluation under Sub-Rule (1) that the actual impact is higher than the one specified in the conditions prescribed at the time of approving the proposal, the concerned body shall issue necessary directives to the proponent to adopt measures to reduce or control such impact and it shall be the duty of the concerned proponent to comply with such directives." EP Rules, sec. 13(1), (2). The Ministry must "carry out an environmental examination of the environmental impact of the implementation of the proposal and measures adopted for reducing such impact. . . and maintain updated records thereof." EP Rules, sec. 14	A cause of action may be available. According to the Environment Protection Rules, the proponent "shall mandatorily comply with the matters mentioned in the [EIA] report, as well as the conditions prescribed by the concerned body of the Ministry, while implementing the proposal." EP Rules, sec. 12. Citizens may be able to enforce this requirement through public interest litigation to protect their right to a healthy environment.	A cause of action may be available. According to the Environment Protection Rules, the proponent "shall mandatorily comply with the matters mentioned in the [EIA] report, as well as the conditions prescribed by the concerned body of the Ministry, while implementing the proposal." EP Rules, sec. 12. Citizens may be able to enforce this requirement through public interest litigation to protect their right to a healthy environment.
New Zealand		Classes of activities that require resource consent are described in section 87A of the Resource Management Act.	Activities that need a resource consent are classified as controlled, restricted discretionary, discretionary and non-complying. A council has to grant a resource consent for a controlled activity (with a few exceptions), but can refuse to grant a resource consent for a restricted discretionary, discretionary or non-complying activity. RM Act, sec. 87A	An application for resource consent must include " an assessment of environmental effects in such detail as corresponds with the scale and significance of the effects that the activity may have on the environment." RM Act, sec. 88(2)(b)	This is not clearly mentioned in the law, but is presumed from context.	EIA contractor qualifications are not addressed in the Resource Management Act.	Conflicts of interest are not addressed in the Resource Management Act.		Local resource councils have authority to discount administrative fees if a resource consent application is not decided in a timely manner. See RM Act, sec. 36AA (Local authority policy on discounting administrative charges)	RM Act, sec. 113	"Except as expressly provided in this section and subject to any regulations, a resource consent may be granted on any condition that the consent authority considers appropriate." RM Act sec. 108(1)	Resource consents are valid for variable periods of time, depending on the type of activity that has been permitted. More detail is provided in sections 123 and 125 of the Resource Management Act.	Discretionary. "A bond required under section 108(2)(b) may be given for the performance of any one or more conditions the consent authority considers appropriate and may continue after the expiry of the resource consent to secure the ongoing performance of conditions relating to long-term effects." RM Act, sec. 108A(1)		"[W]here it is likely that an activity will result in any significant adverse effect on the environment, [an AEE must contain] a description of any possible alternative locations or methods for undertaking the activity[.]" RM Act, Schedule 4, Section 1		"[A]n assessment of effects on the environment . . . should include...a description of the mitigation measures (safeguards and contingency plans where relevant) to be undertaken to help prevent or reduce the actual or potential effect." RM Act, Schedule 4, sec. 1(g)	"[A]n assessment of effects on the environment . . . should include. . .where the scale or significance of the activity’s effect are such that monitoring is required, a description of how, once the proposal is approved, effects will be monitored and by whom." RM Act, Schedule 4, sec. 1(i)		If an activity will have or is likely to have adverse effects on the environment that are more than minor, the consent authority must notify the public of the consent application (which contains the AEE/EIA). RM Act, sec. 95A. In other circumstances (minor adverse effects), the consent authority has discretion whether to notify the public.	Public access to information is governed by the Official Information Act.		RM Act, sec. 114			Public hearings are not required under the Resource Management Act - the consent authority may decide to hold a hearing or members of the public who have commented on a proposal may request that a hearing be held. RM Act, sec. 100. There is also a mediation procedure described in section 99.			If an application for a resource consent is publicly notified, any person (other than certain trade competitors) may make a submission about it to the consent authority. RM Act. sec. 96		"In determining an appropriate procedure for the purposes of [public hearings], the authority shall. . . recognise tikanga Maori where appropriate, and receive evidence written or spoken in Maori..." RM Act, sec. 39(2)(b)	Appeals are lodged with the Environment Court.	An appeal against any decision issued by a consent authority may be lodged with the Environment Court by any person "who made a submission on the application or review of consent conditions." RM Act, sec. 120	Resource councils have a general duty to monitor the exercise of resource consents. RM Act, sec. 35. The council's administrative fees may include charges for carrying out monitoring duties. RM Act, sec. 36.		Any person may at any time apply to the Environment Court for an enforcement order in order to "ensure compliance by or on behalf of that person with [the Resource Management Act], any regulations . . ., or a resource consent; or (ii)avoid, remedy, or mitigate any actual or likely adverse effect on the environment caused by or on behalf of that person[.]" RM Act, secs. 314, 316.
Nigeria	"Where a project for which an environmental assessment is not required under section 15 of this Decree is to be carried out in Nigeria and the Agency or the President, Commander-in-Chief of the Armed Forces is of the opinion that the project is likely to cause serious adverse environmental effect on Federal Lands or on lands in respect of which a State or Local Government has interests, the Agency or the President may establish a review panel to conduct an assessment of the environmental effects of the project on those lands." Decree No. 86, sec. 51	Decree No. 86, secs. 16, 22	"Where the extent, nature or location of a proposed project or activity is such that is likely to significantly affect the environment, its environmental impact assessment shall be undertaken in accordance with the provisions of this Decree." Decree No. 86, sec. 2(2); see also Schedule 1 (listing mandatory study categories)	Responsibility for preparation of the EIA is not clearly addressed in the EIA laws. From context, it appears to be the responsibility of the project proponent. See Decree No. 86, sec. 23(a) (agency must ensure that an EIA report is prepared and submitted to the agency); see also sec. 25(1) (after "receiving" EIA, agency shall publish notice)	This is not expressly addressed in the law, but is presumed from the context.				The EIA law does not expressly provide for automatic approval.	"The Agency's decisions on any proposed activity subject to environmental impact assessment shall. . . be in writing[.]" Decree No. 86, sec. 9(1)(a). In addition, the Agency must advise the public of mitigation measures and monitoring activities that will be required. See Decree No. 86, sec. 41(2)	"Where the Agency has given certain conditions before the carrying out of the project, the conditions shall be fulfilled before any person or authority shall embark on the project." Decree No. 86, sec. 13(2); see also sec. 10 (granting Council authority to determine whether a project and its impacts on the environment should be subject to supervision)				An EIA must include "an assessment of the likely or potential environmental impacts on the proposed activity and the alternatives. . . ." Decree No. 86, sec. 4(d); see also sec. 17(2)(b) (EIA must include consideration of " alternative means of carrying out the project that are technically and economically feasible and the environmental effects of any such alternative means")		The EIA must include "an identification and description of measures available to mitigate adverse environmental impacts of [the] proposed activity and assessment of those measures. . . ." Decree No. 86, sec. 4(e); see also sec. 17(1)(d)	It is within discretion of Agency to decide whether the EIA process will include "the design and implementation of a follow-up program." Decree No. 86, sec. 16; see also sec. 17 (mandatory study must include a discussion of "the need for and the requirements of any follow-up program in respect of the projec		"After receiving a mandatory study report in respect of a project, the Agency shall, in any manner it considers appropriate, publish in a notice setting out the following information – (a) the date on which the mandatory study report shall be available to the public; (b) the place at which copies of the report may be obtained. . . ." Decree No. 86, sec. 25(1)	The EIA must be made available to members of the public; however, the agency has sole discretion to determine the place(s) where the assessment may be obtained. See Decree No. 86, sec. 25(1)	"For the purpose of facilitating public access to records relating to environmental assessments, a public registry shall be established and operated in accordance with the provisions of this Decree in respect of every project for which an environmental assessment is conducted." Decree No. 86, sec. 57(1). The registry "shall contain all records and information produces, collected or submitted with respect to the environmental assessment of the project . . . ." Id., sec. 57(3). Some information may be withhold from public disclosure. See Id., sec. 57(4), (5), (6)	"The report of the Agency shall be made available to interested person or group." Decree No. 86, sec. 9(2) [Note: "Report" refers to the Agency's decision] "If no interested person or group requested. . . the report, it shall be the duty of the Agency to publish its decision in a manner by which members of the public or persons interested in the activity shall be notified." Decree No. 86, sec. 9(3)	The EIA Decree seems to suggest that there is public involvement during the screening process. Section 17(1)(c) states that every screening shall include a consideration of "comments concerning [environmental] effects received from the public, [in] accor		Public hearings are held if the EIA is referred to a review panel pursuant to section 27 of Decree No. 86. If referral occurs, the review panel "shall, in accordance with the provisions of this Decree and its terms of reference. . . hold [a] hearing in a manner that offers the public an opportunity to participate in the assessment. . . ." Decree No. 86, sec. 37(b)	The review panel "shall, in accordance with the provisions of this Decree and its terms of reference. . . hold [a] hearing in a manner that offers the public an opportunity to participate in the assessment. . . ." Decree No. 86, sec. 37(b); see also sec. 44(c)		"After receiving a mandatory study report in respect of a project, the Agency shall, in any manner it considers appropriate, publish in a notice setting out . . . the deadline and address for filing comments on the conclusions and recommendations of the report." Decree No. 86 sec. 25(1)(c). Prior to the deadline, "any person may file comments with the Agency relating to the conclusions and recommendations of the mandatory study report [EIA]." Id., sec. 25(2)	See Decree No. 86, secs. 17(1)(c), 26				If the Agency decides to permit a project to be carried out "it shall, in accordance with this Decree, design any follow-up programme that it considers appropriate for the project and arrange for the implementation of that one." Decree No. 86, sec. 41(1)
Pakistan	Pakistan uses an initial environmental examination for certain types of projects. "Initial environmental examination" means a preliminary environmental review of the reasonably foreseeable qualitative and quantitative impacts on the environment of a proposed project to determine whether it is likely to cause an adverse environmental effect for requiring preparation of an environmental impact assessment. EP Act, sec. (2)(xxiv); see also EIA Regulations secs. 3, 12.	"[T]he Federal Agency may direct the proponent of a project, whether or not listed in Schedule I or II, to file an IEE or EIA . . . ." EIA Regulations sec. 5(2)	EA Regulations sec. 5 + Schedules I & II	Proponent shall file IEE or EIA. EIA Regulations secs. 3, 4.		Use of contractors is not mentioned in the EIA law or regulations.			The Government Agency shall communicate its approval or otherwise within a period of four months from the date the initial environmental examination or environmental impact assessment is filed complete in all respects in accordance with the prescribed procedure, failing which the initial environmental examination or, as the case may be, the environmental impact assessment shall be deemed to have been approved, to the extent to which it does not contravene the provisions of this Act and the rules and regulations. EP Act sec. 12(4)	The decision shall be communicated to the Proponent in the form prescribed in Schedule VI. EIA Regulation, sec. 12.	The Federal Agency may accord its approval subject to such conditions as it may deem fit to impose. EP Act sec. 12(b)(2); EIA Regulations sec. 13.	EIA Regulations sec. 17	Where the Federal Agency accords its approval subject to certain conditions, the proponent shall, before commencing construction, acknowledge acceptance of the stipulated conditions by executing an undertaking. EIA Regulations sec. 13(2)(a).		The definition of Environmental Impact Assessment includes "comparison of alternatives." EP Act sec. 2(xi).	No action alternative is not mentioned in the Act or Regulations.	See sectoral guidelines for preparing environmental impact assessments.	An Environmental Management Plan shall include monitoring, reporting and auditing. EIA Regulations 14(1).		The Federal Agency shall publish in English or Urdu national and local newspapers a public notice mentioning the places where the EIA can be accessed. EIA Regulations sec. 10(1).	The EIA Law and Regulations do not specify where the EIA is to be made available to members of the public.	The EIA Law and Regulations do not require reference studies to be made available to the public.	The Federal Agency shall maintain Registers which contain brief particulars of each project and a summary of decisions taken thereon. EP Act sec. 12(7)			Notice of availability of EIA for public inspection shall fix a date, time and place for public hearing. EIA Regulations sec. 10(2).		There is no opportunity for members of the public to comment on a draft EIA	EIA Regulations sec. 10(2).	The Federal Agency shall collate, tabulate and duly consider all comments before decision. EIA Regulations sec. 10(5). There is no requirement for the Federal Agency to provide a response to public comments.	The Federal Agency shall notice in any English or Urdu newspaper in the area affected by the project. EIA Regulations sec. 10(1).		Any person aggrieved by any order or direction of the Federal Agency or any Provincial Agency under any provision of this Act, and rules or regulations may prefer an appeal with the Environmental Tribuna l within thirty days of the date of communication of the impugned order or direction to such person. EP Act sec. 22	Authorized staff of the Federal Agency shall be entitled to enter and inspect the project site. EIA Regulations sec. 18. The proponent shall submit an annual report summarizing operational performance with reference to conditions of approval and mitigatory measures. EIA Regulations sec. 18
Pakistan-Balochistan Province	Initial environmental examination (IEE) is used as a preliminary review to determine whether a proposed project is likely to cause an adverse environmental effect, thus triggering the requirement to prepare an environmental impact assessment. A project may be approved based on the IEE alone. BEP Act, secs. 2(ff), 15(1), 15(2)(a).	"The Government Agency shall. . . review the initial environmental examination and accord its approval, or require submission of an environmental impact assessment by the proponent[.]" BEP Act sec. 15(2)(b)	Where a project is likely to cause an adverse environmental effect, the project proponent must file an EIA and obtain government agency approval. BEP Act, sec. 15(1). Certain projects must undergo the IEE/EIA procedure, including mining, quarrying and stone crushing. See BEP Act, sec. 15(9).	There is no specific provision declaring that the project proponent is responsible for preparing the EIA; however it is implied from context.	There is no specific provision declaring that the project proponent is responsible for preparing the EIA; however it is implied from context.				The EIA shall be deemed to have been approved "to the extent to which it does not contravene the provisions of this Act and the rules and regulations." BEP Act, sec. 15(4).	The Act merely requires the agency to "communicate" its decision to the project proponent. BEP Act, sec. 15(4)	The Act states that the Government Agency's review and approval of an EIA is "subject to such conditions as it may deem fit to impose." BEP Act, sec. 15(2)(b).				The EIA study comprises a "comparison of alternatives[.]" BEP Act, sec. 2(q).		An EIA study comprises "mitigation and compensatory measures[.]" EP Act, sec. 2(q).	An EIA study comprises "formulation of environmental management and training plans and monitoring arrangements[.]" BEP Act, sec. 2(q).		Detailed public participation procedures are not provided in the Environment Protection Act.	Detailed public participation procedures are not provided in the Environment Protection Act. The Act states that a registry of projects must be maintained, but it only includes "brief particulars of each project and a summary of decisions taken thereon, and which shall be open to inspection by the public at all reasonable hours[.]" BEP Act, sec. 15(7).	The Environment Protection Act prohibits disclosure, at the request of a project proponent, of a broad range of information that could conceivably be included in supporting studies and data. This provision could be construed to block public access to key information. See BEP Act, sec. 15(3)(i)	Detailed public participation procedures are not provided in the Environment Protection Act. The Government Agency shall maintain separate registers for IEEs and EIAs which shall contain "brief particulars of each project and a summary of decisions taken thereon, and which shall be open to inspection by the public at all reasonable hours[.]" BEP Act, sec. 15(7).			Detailed public participation procedures are not provided in the Environment Protection Act.	Detailed public participation procedures are not provided in the Environment Protection Act.		Detailed public participation procedures are not provided in the Environment Protection Act. However, the Act states that "every review of an environmental impact assessment shall be carried out with public participation[.]" BEP Act, sec. 15(3).	Detailed public participation procedures are not provided in the Environment Protection Act.			Any person aggrieved by any order or direction of the Balochistan Environmental Protection Agency under any provision of the EP Act may appeal to the Balochistan Environmental Tribunal within 30 days. BEP Act, sec. 30(1). All proceedings before the Tribunal shall be deemed to be judicial proceedings and "no other court shall have or exercise any jurisdiction with respect to any matter to which the jurisdiction of Balochistan Environmental Protection Tribunal extends under this Act, the rules and regulations made thereunder." BEP Act, sec. 29(9).
Peru	Category I projects do not require an EIA. Category II projects are those with moderate impacts that can be mitigated with relatively simple measures. For these projects, a "semi-detailed" EIA is required (EIA-sd). Law No. 27446, Art. 4	Law No. 27446, Arts. 2, 4, 5	In determining whether an EIA is required, the environmental authority must consider environmental criteria, including protection of public health, natural resources, protected areas, flora and fauna, biological diversity, and cultural/architectural resources. Law No. 27446, Art. 5	"Environmental studies, schedules and other documents, must be signed by the owner and the professionals responsible for their preparation, also the environmental study must be signed by the representatives of the consultant in charge of processing. All documents submitted as part of the SEIA is an affidavit for all legal purposes, so that the owner, representatives of the consulting that makes it, and the other professionals that subscribe are responsible for the veracity of their content." Supreme Decree No 019-2009-MINAM, Art. 50		General regulations concerning contractor qualifications and registry are in Title V of Decreto Supremo No 019-2009-MINAM (Arts. 72-74). Where specific qualifications for EIA contractors are established, it is the responsibility of the ministry that oversees the particular sector. For example in the mining sector there is the "Register of Entities Authorized to conduct environmental impact studies" approved by Ministerial Resolution No. 580-98-EM/VMM.		Law No. 27446, Art. 8. The project proponent submits a draft terms of reference for the EIA with the licensing application.	See Ley N° 29060- Ley del Silencio Admirativo Negativ	The authority must issue a written resolution approving or rejecting the project. Law No. 27446, Art. 54	The resolution may contain conditions. Law No. 27446, Art. 12(1)	If the project proponent does not start activities within three years, it may request a 2 year extension.	The project proponent, according to the general regulations on EIA, does not provide a financial guarantee except to cover implementation of the closure plan However, the mining sector is the only area where the criteria for financial guarantees is addressed in any detail.	Decreto Supremo No 019-2009-MINAM, Art. 72-74	The basic terms of reference for a detailed EIA require "evaluation of various project alternatives. . . " Decreto Supremo No 019-2009-MINAM, Annex IV, section 2(h).		An EIA must contain an environmental management plan/strategy. Decreto Supremo No. 019-2009-MINAM, Art. 28	Monitoring is included in the environmental management plan. The plan must include an environmental monitoring system and assign specific responsibilities to ensure compliance with the measures contained in the Environmental Management Plan. Decreto Supremo No. 019-2009-MINAM, Annex III, Art. 6(b)			In principle, the EIA is supposed to be easily accessible - but, in practice, it is difficult for communities near a proposed project to obtain information.	"All documents included in the administrative record of environmental impact assessment are public, except for information expressly declared to be secret or confidential, in accordance with the provisions of the Amended Text of the Law on Transparency and Access to Information - Law No. 27806, approved by Supreme Decree No. 043-2003 PCM." Decreto Supremo No 019-2009-MINAM, Art. 66	Any administrative decision is an official document that is available to the public.	Where appropriate, there is public outreach before the EIA is prepared. Resolución Ministerial N° 239-2010-MINAM		Decreto Supremo No 019-2009-MINAM, Art. 68	Decreto Supremo No 019-2009-MINAM, Art. 68	The process for submitting comments is determined by the specific sectoral regulations/guidelines.		According to the General Law of the Environment, public comments must be systematized and incorporated into the EIA and, if not, a reason provided. However, in practice this obligation is not fulfilled.	The competent authority may require the Executive Summary of the EIA to be translated into the predominant language of the locality where the project is to be proposed. When the predominant language in is such that a written translation of the Executive Summary is not possible, the Competent Authority may request the submission of a magnetic version, digital audio or other appropriate means for broadcast. Decreto Supremo No 019-2009-MINAM, Art. 67. See also Article 70, which expressly mentions ILO Convention 169.			Peruvian law provides for environmental monitoring to ensure compliance with the obligations undertaken in the EIA. Moreover, in some sectors (e.g. oil) there are mechanisms for citizen participation in community monitoring of activities. This does not replace the power of environmental authorities, but compliments it.
Philippines	For proposed projects located in an environmentally critical area (ECA), the proponent must submit an initial environmental examination. Art. II, sec. 3, DAO 96-37		"[A]ll agencies and instrumentalities of the national government, including government-owned or controlled corporations, as well as private corporations, firms and entities shall prepare, file and include in every action, project or undertaking which significantly affects the quality of the environment a detailed statement on . . . the environmental impact of the proposed action, project or undertaking. . . ." P.D. 1151 sec. 4; see also listed activities in DAO 96-37, Art. II, section 1	"The EIS may be prepared by the proponent's technical staff or a professional group commissioned by the proponent . . . ." DAO 96-37, Art. III. section 8. See also MC 2007-002 ("Project Proponents are responsible for determining and disclosing all relevant information necessary for a methodical assessment of the environmental impacts of their projects.")	DAO 96-37, Art. III. section 8	EIS preparers must be accredited by the Environmental Management Bureau (EMB) and sign a sworn statement of eligibility. DAO 2003-30, Section 12 and Annex 2-22.	IEE and EIS preparers are held responsible for the accuracy of the documents and may be charged with sanctions for any information imputable to them that is found to be false or tends to misrepresent the findings of the study. DAO 2003-30, Section 12 and Annex 2-22.	For environmentally critical projects, the proponent is required to conduct a scoping process and prepare a formal scoping report that "shall serve as a basis for" the EIS. DAO 96-37, Art. III, sec. 5. For projects in environmentally critical areas, the IEE may be sufficient. See DAO 96-37, Art. III, sec. 25; DAO 2003-30, sec. 5.2.	A "decision document" is issued. It may be in the form of an Environmental Compliance Certificate or a Denial Letter. DAO 2003-30, sec. 5.4.3	A "decision document" is issued. It may be in the form of an Environmental Compliance Certificate or a Denial Letter. DAO 2003-30, sec. 5.4.3	"The ECC shall contain the scope and limitations of the approved activities, as well as conditions to ensure compliance with the Environmental Management Plan." DAO 2003-30, sec. 5.4.3	"[T]he ECC automatically expires if a project has not been implemented within five (5) years from ECC issuance, or if the ECC was not requested for extension within three (3) months from the expiration of its validity. If the baseline characteristics have significantly changed to the extent that the impact assessment as embodied in theEnvironmental Management Plan (EMP) is no longer appropriate, the EMB office concerned shall require the Proponent to submit a new application. The EIA Report on the new application shall focus only on the assessment of the environmental component which significantly changed." MCC 2007-002, sec. 10(d); see also DAO 2003-30, sec. 5.4.3	An Environmental Guarantee Fund shall be established for all co-located or single projects that have been determined by the DENR to pose a significant public risk or where the project requires rehabilitation or restoration. DAO 2003-30, sec. 9.3	The EIA must be reviewed by an interdisciplinary team, however. The EIA Review Committee is a body of independent technical experts and professionals of known probity from various fields organized by the EMB to evaluate the EIS and other related documents and to make appropriate recommendations regarding the issuance or non-issuance of an ECC. DAO 2003-30, sec. 3	DAO 2003-30, sec. 5.2.1 and MC 2007-002, Annex 2-12 (EIS Outline) 3.3 Project Alternatives.	There is no specific requirement that an EIA evaluate a no action alternative. See DAO 2003-30, sec. 5.2.1 and MC 2007-002, Annex 2-12 (EIS Outline) 3.3 Project Alternatives.	The EIS must include an environmental management plan. The plan is defined as a "section in the EIS that details the prevention, mitigation, compensation, contingency and monitoring measures . . . ." DAO 2003-30, sec. 5.2.1; see also DAO 96-37, Art. III, sec. 9(f).	The EIS must include an environmental management plan. The plan is defined as a "section in the EIS that details the prevention, mitigation, compensation, contingency and monitoring measures . . . ." DAO 96-37, Art. III, sec. 9(f).		The proponent must post notice that it has submitted an EIS to the Environmental Management Bureau in the barangay, municipal halls, and other conspicuous places in the affected community along with a summary of the proposed project. DAO 96-37, Art. IV, sec. 2	The Law and Regulations are not specific about where the EIS is to be made available to members of the public.			DAO 2003-30, Secs. 3(dd), 5.2.1(c) and Annex 2-9	Participants to the scoping session can sign the scoping agreement. DAO 2003-30, sec. 5.2.1(c) and MC 2010-14 3.1.	Generally, public meetings are held at the discretion of the DENR under the following circumstances: a) the project will affect "a great number of people;" b) there is "mounting public opposition against the proposed project;" c) there is a written request for a hearing submitted by any stakeholder. DAO 96-37, Art. IV, sec 4. For certain environmentally critical projects (ECP), a public hearing is mandatory. See DAO 2003-30, sec. 5(3) and and MC 2010-14 3				The EIA Review Committee prepares a report containing the results of its review and recommendations to the EMP Director to be signed by the Chair and members within five (5) days from its final meeting. DAO 2003-30, Table 2-1 and Annex 2-28	The proponent must present all information in a language that is easily understood. DAO 96-37, Art. IV, sec. 2(a)	Any aggrieved party must file a complaint or adverse monitoring finding within 15 days from receipt of a Case Decision Document. DAO 2003-30, sec. 2.4 and Table 2-6 and 2-7 .	See Citizen Suit provisions in Rule 2 Sec. 5 of Supreme Court AM No. 09-6-8 (Rules of Procedure for Environmental Cases)	A multi-party monitoring-team (MMT) is formed immediately following issuance of environmental clearance. The MMT is responsible for monitoring compliance with conditions of environmental clearance and includes representatives of local government, NGOs, and communities. DAO 2003-30, sec. 9. "The team shall be tasked to undertake monitoring of compliance with ECC conditions as well as the EMP. The MMT shall submit a semi-annual monitoring report within January and July of each year." The MMT is funded through an environmental monitoring fund established by the project proponent. Id.		A complaint may be filed and each violation fined. DAO 2003-30, sec. 2.4 and Table 2-6 and 2-7.
Rwanda	The EIA Guidelines describe three levels of assessment: IL1 (no assessment needed); IL2 (some assessment needed); IL3 (full EIA required). The IL2 level, "represents projects believed to have adverse, but not irreversible environmental impacts and mitigation and management measures can be readily designed and incorporated into the project. The EIA process for these projects is similar to that of IL3 projects." EIA Guidelines, sec. 2.1.2(b)	The project developer submits a project brief to the Authority. Min. Order No. 003/2008, Art. 3. "The purpose of a Project Brief, prepared as prescribed by the EIA Regulations, is to provide sufficient information on the project to enable the Authority and Lead Agencies establish whether or not the proposed activities are likely to have significant environmental impacts, and also enable to determine the level of EIA required (screening)." EIA Guidelines, sec. 2.1.1.	The EIA regulations contain an annex listing projects that are subject to EIA. See Annex to Min. Order No. 004/2008. Also, "[w]hen it is necessary and evident that the project might have a negative impact on the environment, Rwanda Environment Management Authority shall have the power to request the project's owner to conduct environmental impact assessment even if it is not listed in the annex." Min. Order No. 004/2008, Art. 4	"The environment impact assessment shall be carried out at the expense of the promoter." Organic Law No. 04/2005, Art. 69	"The environment impact assessment shall be carried out at the expense of the promoter." Organic Law No. 04/2005, Art. 69	The expert (contractor) must be approved by the Authority. Min. Order No.003/2008, Art. 5. An expert is defined as "any physical or moral person that is technically competent, fulfils the requirements of the Environmental Impact Assessment guidelines and is recognized by the Authority to conduct an Environmental Impact Assessment or studies in accordance [with regulations.]" Id., Art. 1(5)	The selected experts should have no direct or indirect interests in the project. Min. Order No. 003/2008, Art. 5. Note that the language is phrased as a recommendation ("should") and not a mandatory requirement.	"Within 30 days after receipt of the project brief and after its analysis, the Authority shall submit the terms of reference to the developer for the Environmental impact study. The developer may also prepare the terms of reference provided they are approved by the authority before conducting the study." Order 003/2008, Art. 4		"The Authority shall communicate its decision to the developer in writing." Min. Order 003/2008, Art. 10.	Although the EIA law and regulations do not address whether conditions may be imposed, the EIA Guidelines provide some clarification. Following a record of decision, the Authority will issue an "Implementation and Operations Order (IOO). This legal order specifies compliance terms and conditions to be met during project implementation and operation." EIA Guidelines, sec. 2.1.6.6	The EIA law and regulations do not specify how long a decision is valid.	Financial assurances are not discussed in the EIA law or regulations.	This issue is not addressed in the EIA law or regulations.	The EIS must contain "a brief description of the project and its variants[.]" Organic Law No. 04/2005, Art. 69. According to the EIA Guidelines: "During EIA studies, the EIA experts shall undertake an analysis of alternatives with the view of finding feasible ways to prevent or minimize negative impacts while maintaining project objectives." EIA Guidelines, 2.1.4(iii)(b)	Although the EIA law and regulations do not mention this issue, the EIA Guidelines recommend the following: "The 'No project' option which implies that the project may not be implemented, should also be analysed." EIA Guidelines, sec. 2.1.4(b)	The EIS must indicate "measures envisaged to reduce, prevent or compensate for the damage . . . ." Organic Law No. 004/2005, Art. 68. See also EIA Guidelines, sec. 2.1.4	The EIS must provide "an explanation of the methods that will be used in monitoring and evaluating the state of the environment before, during the activities of the project, in using the installation but particularly after completion of the project." Organic Law No. 004/2005, Art. 68. See also EIA Guidelines, sec. 2.1.4		Although the EIA law and regulations do not specifically instruct the Authority or project proponent to notify the public about opportunities to review the environmental impact study, the EIA Guidelines state that the Authority must publish a notice "prior to the public hearing." EIA Guidelines, sec. 6.2(d).	Availability of and access to the environmental impact study is left to the discretion of the Authority. According to the EIA Guidelines: "After submitting an EIA report to the Authority, it shall be a public document and any person can access it, except for that information which a developer asked to be maintained confidential. REMA shall publicize the report (excluding the confidential portions) to the public together with locations where it would be available for public viewing. REMA shall also make copies of the EIR for relevant stakeholders." EIA Guidelines, sec. 6.2(c)	The EIA law and regulations do not require supporting studies or data to be made available to the public; however, it probably could be accessed through an access to information request. See Law No. 04/2013 Relating to Access to Information	There are no provisions in the EIA law or regulations requiring the Authority or project developer to notify the public when a decision has been made.	The EIA Regulations state the "environmental impact study shall be done with due consideration of the opinion of all the relevant stakeholders." Min. Order 003/2008, Art. 6. This suggests that there must be some public input before the study is complete	Although public opinions may be gathered during scoping, the EIA law and regulations do not allow for members of the public to review the terms of reference before it is provided to the developer.	The EIA Regulations suggest that a public hearing is discretionary. "If it becomes necessary to hold public hearing [the Authority may extend the time for its review of the environmental impact study report.]" Min. Order No. 003/2008, Art. 8. However, the EIA Guidelines state that a public hearing report must accompany an EIA before it can be reviewed by the Authority EIA Guidelines, sec. 2.1.5	"[S]takeholders may comment on the environmental impact report and express views on the impact of the proposed development." Min. Order 003/2008, Art. 9		"[S]takeholders may comment on the environmental impact report and express views on the impact of the proposed development." Min. Order 003/2008, Art. 9	The EIA law and regulations do not require decisionmakers to respond to or consider public comments provided during the EIA process.	There are no provisions in the EIA law or regulations, but the EIA Guidelines state: "Situations may occur where special provisions need to be made in order to get input from disadvantaged or minority groups." EIA Guidelines, sec. 6.7.4	The EIA law and regulations allow only the project proponent to appeal a decision made by the Authority.		There are no provisions in the EIA law or regulations, but the EIA Guidelines describe a monitoring process to be undertaken by the Authroity and the project developer. EIA Guidelines, sec. 2.1.6.9
Saudi Arabia
Scotland		Either the local planning authority or Scottish Ministers may issue a screening opinion (Authority) or direction (Ministers). EIA Regulations, sec. 6(2). Project developers may opt to simply submit an EIA in relation to a proposed development without a screening opinion or direction. Id., sec. 6(2)(c).	""EIA development” means development which is either— (a) Schedule 1 development; or (b) Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location[.]" EIA Regulations, sec. 2 (definition of "EIA Development"); also see Schedules I, II, III	"An EIA report is a report prepared in accordance with this regulation by the developer . . . ." EIA Regulations, sec. 5(2)	"An EIA report is a report prepared in accordance with this regulation by the developer . . . ." EIA Regulations, sec. 5(2)	Scotland's 2017 Town & Country Planning Regulations do not specify minimum qualifications of experts preparing an EIA, however, "the EIA report must be accompanied by a statement from the developer outlining the relevant expertise or qualifications of such experts." EIA Regulations, sec. 5(5)(b)	Although Scotland's EIA laws do not contain conflict of interest provisions directed towards the entities that prepare EIA reports, the EIA regulations state: "The planning authority or the Scottish Ministers, as the case may be, are to perform their duties arising under these Regulations in an objective manner and so as not to find themselves in a situation giving rise to a conflict of interest." EIA Regulations, sec. 52(1)	If a project developer requests a scoping opinion, the opinion will address the "scope and level of detail of information to be provided in the EIA report[.]" EIA Regulations, secs. 5(3), 17, and definition of "scoping opinion."		A decision notice is issued. EIA Regulations, sec. 29.	A [d]ecision notice must include "any conditions to which the decision is subject . . . ." EIA Regulations, sec. 29(2)(f)	Town and Country Planning (Scotland) Act 1997, sec. 58(1). This period may be modified by the planning authority.		[T]he EIA report must be "accompanied by a statement from the developer outlining the relevant expertise or qualifications" of the experts who prepared the EIA, but there is no requirement for an interdisciplinary team. EIA Regulations, sec. 5(5)(b)	An EIA report must include "a description of the reasonable alternatives studied by the developer, which are relevant to the development and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the development on the environment . . . ." EIA Regulations, sec. 5(2)(d)		An EIA report must contain a description of "any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment[.]" EIA Regulations, sec. 5(2)(c); Schedule 4	If planning permission is granted, the local planning authority or Scottish Ministers "must consider whether it is appropriate to require monitoring measures to be carried out." EIA Regulations, sec. 30		Authorities must provide notice to the owner, lessee or occupier of land or premises adjacent to the project site. EIA Regulations, sec. 20. Notice of the availability of the EIA must also be published on the application website, the Edinburgh Gazette, and in a local newspaper. EIA Regulations, sec. 21	The project developer must ensure that a "reasonable number" of copies of the EIA report are made freely available at the locations for inspection identified in the notice. EIA Regulations, sec. 25. EIA reports must be lodged on the application website and in the office of the local planning authority where the register is located. EIA Regulations, sec. 21(5)	An EIA must contain "[a] reference list detailing the sources used for the descriptions and assessments included in the EIA report," but the studies and data are not required to be disclosed. EIA Regulations, Schedule 4(10).	The decisionmaker must publish notice of the decision on the application website or a local newspaper, and make a copy of the decision available for public inspection. EIA Regulations, sec. 31.	Scoping occurs among government entities, not with the public	If a project developer requests a scoping opinion, the opinion will address the "scope and level of detail of information to be provided in the EIA report[.]" EIA Regulations, secs. 5(3), 17, and definition of "scoping opinion." The public is not engaged during this step.	The Scottish Town & Country Planning Act and regulations are not clear on the criteria for holding public meetings concerning proposed development activities. The EU EIA Directive, Art. 6(5)(as amended) gives Member States discretion in this regard: "The detailed arrangements for informing the public, for example by bill posting within a certain radius or publication in local newspapers, and for consulting the public concerned, for example by written submissions or by way of a public inquiry, shall be determined by the Member States."	It is presumed that if a public meeting is held, the public may make submissions. There are no regulations specifically addressing this issue, however.		30 days. EIA Regulations, sec. 21(2)(f)	The planning authority shall take into account any representations relating to that application which are received by them . . . ." Town and Country Planning (Scotland) Act 1997, sec. 38		There are appeal options to the Secretary of State for the project developer, but not for the public. Compare secs. 47 and 239 of the Town and Country Planning (Scotland) Act.	"Any non-governmental organisation promoting environmental protection and meeting any requirements under the law is deemed to have an interest for the purposes of Article 11(1)(a) of [EU Directive 2011/92/EU] and rights capable of being impaired for the purposes of Article 11(1)(b) of the Directive." EIA Regulations, sec. 51; see also Town and Country Planning (Scotland) Act 1997, sec. 239. Appeals are filed with the Court of Sessions.	"Where mitigation measures or monitoring measures are required the planning authority must take steps to ensure that those measures are implemented." EIA Regulations, sec. 30(4)
South Africa	Certain projects qualify for appraisal under a basic assessment. EIA Regulations, sec. 19 & Appendix 1.	The project proponent's EAP is responsible for determining "whether basic assessment or S&EIR must be applied to the application" according to NEMA, the regulations, and any guidance given by the competent authority. EIA Regulations, sec. 15.	See Environmental Impact Assessment Regulations, 2010: Listing Notice 1: List of activities and competent authorities identified in terms of sections 24(2) and 24D (activities for which a basic assessment process must be conducted)(Government Notice No. R. 544 of 2010); Listing Notice 2: List of activities and competent authorities identified in terms of sections 24(2) and 24D (activities for which an S&EIR process must be conducted) (Government Notice No. R. 545 of 2010); Listing Notice 3: List of activities and competent authorities identified in terms of sections 24(2), 24(5) and 24D (activities and sensitive areas per province, for which a basic assessment process must be conducted) (Government Notice No. R. 546).	The project proponent must appoint an environmental assessment practitioner (EAP) at its own cost. Specialists may also be appointed. EIA Regulations, sec. 12.	Although the regulations do not specify who pays for the EIA report, it is presumed to be the project proponent because they are responsible for hiring the EAP and specialists.	EAPs and specialists must "have expertise in conducting environmental impact assessments or undertaking specialist work as required, including knowledge of the Act, these Regulations and any guidelines that have relevance to the proposed activity." EIA Regulations, sec. 13(1)(b).	EAPs and specialists must be independent and "perform the work relating to the application in an objective manner, even if this results in views and findings that are not favourable to the application[.]" EIA Regulations, sec. 13(1)(a), (d). They must also disclose material information in their possession that reasonably has or may have the potential to influence the decision or the objectivity of any report. Id., sec. 13(1)(f). An EAP or specialist may be disqualified if the competent authority has reason to believe the EAP or specialist has not complied with these standards and the project proponent must pay to commission additional experts to redo or finish work undertaken by the disqualified expert. Id., sec. 14.	The terms of reference is incorporated in the scoping report. The report must contain a "plan of study for undertaking the environmental impact assessment process." EIA Regulations, Appendix 2(1)(h).		After the competent authority has reached a decision, it must within five days notify the applicant of its decision – and, if available, the opportunity to appeal the decision – in writing and provide reasons for the decision. EIA Regulations, sec. 4(1).	EIA Regulations, sec. 26(d).	The environmental authorization will indicate how long it is valid. Extensions may be obtained by applying for an amendment to the environmental authorization. EIA Regulations, sec. 26(d)(2).	“An applicant for an environmental authorisation relating to prospecting, mining, exploration, production or related activities on a prospecting, mining, exploration or production area must make the prescribed financial provision for the rehabilitation, management and closure of environmental impacts, before the Minister of Minerals and Energy issues the environmental authorisation.” NEMA, sec. 24P(1). The Minister may make the financial provision applicable to other applications. NEMA, sec. 24P(7). See also NEMA, secs. 24(5)(b) and (d), 24P, and 24R		EIA procedures must include "investigation of the potential consequences or impacts of the alternatives to the activity on the environment and assessment of the significance of those potential consequences or impacts, including the option of not implementing the activity[.]" NEMA (as amended), sec. 24(4)(b)(i); see also EIA Regulations, Appendix 3(h)(i).	EIA procedures must include "investigation of the potential consequences or impacts of the alternatives to the activity on the environment and assessment of the significance of those potential consequences or impacts, including the option of not implementing the activity[.]" NEMA (as amended), sec. 24(4)(b)(i)	NEMA (as amended), secs. 24(4)(b)(ii), 24N. More detail is provided in the EIA Regulations, Appendix 3 (EIA content) and Appendix 4 (EMPr content)	NEMA (as amended), secs. 24(4)(b)(v) and 24N. Procedures for the assessment of potential impacts of activities on the environment must include “investigation and formulation of arrangements for the monitoring and management of consequences for or impacts on the environment, and the assessment of the effectiveness of such arrangements after their implementation.” NEMA, sec. 24(4)(b)(v). See also EIA Regulations, Appendix 4 (contents of environmental management program).		The project proponent "must give notice to all potential interested and affected parties of an application or proposed application which is subjected to public participation. . . ." EIA Regulations, sec. 41(2).	Although access to "all information" about the project must be provided to the public, the regulations provide no guidance as to how and where the EIA report is made available.	"The public participation process contemplated in this regulation must provide access to all information that reasonably has or may have the potential to influence any decision with regard to an application unless access to that information is protected by law[.]" EIA Regulations, sec. 40(2)	Within 14 days of the decision, the applicant must provide "all registered interested and affected parties are provided with access to the decision and the reasons for such decision" and draw their attention "to the fact that an appeal maybe lodged against the decision in terms of the National Appeal Regulations, if such appeal is available in the circumstances of the decision." EIA Regulations, sec. 4(2).	EIA Regulations, sec. 21 & Appendix 2 (required contents of scoping report). There are some exceptions. Id., sec. 21(2).	Although the public is consulted during the scoping process, it is not clear whether there is an opportunity to comment on the proposed plan of study. EIA Regulations, sec. 21 & Appendix 2.	Public meetings are not mandatory			Public participation must be "facilitated in such a manner that all potential or registered interested and affected parties are provided with a reasonable opportunity to comment on the application or proposed application." EIA Regulations, sec. 41(6)(b)	"The applicant must ensure that the comments of interested and affected parties are recorded in reports and plans and that such written comments, including responses to such comments and records of meetings are attached to the reports and plans that are submitted to the competent authority in terms of these Regulations." EIA Regulations, sec. 44	A person conducting public participation must ensure that "participation by potential interested and affected parties is facilitated in such a manner that all potential interested and affected parties are provided with a reasonable opportunity to comment on the application." EIA Regulations, sec. 41(6)(b). The person must use "reasonable alternative methods" (as agreed to by the competent authority) to accommodate illiteracy, disability or any other disadvantages. EIA Regulations, sec. 41(2)(e). See also EIA Regulations, sec. 47 (NEMA must accommodate individuals with illiteracy, disability, or other disadvantage).	Any juristic person may appeal to the Minister against a decision taken by any person acting under a power delegated by the Minister under NEMA. NEMA, secs. 43(1), 1(1). The appeal must be filed within 20 days of the decision. Refer to the National Appeal Regulations, R. 993 of 2014 (available at https://leap.unep.org/countries/za/national-legislation/national-appeal-regulations-2014-no-r-993-2014).	Yes, although not de novo. NEMA, sec. 32; see also Muckleneuk/Lukasrand Prop. Owners & Residents Ass. v. MEC Dep. of Ag. Conserv. and Env. Gauteng Prov. Gov. (Consolidated Cases) 28192/04 & 12137/06 (2006) ZAGPHC 86; (2007) 4 All SA 1265 (T) (2006) at www.saflii.org.	Auditing is required. EIA Regulations, secs. 34, 35.
Spain		Royal Legislative Decree 1/2008 (as amended), Articles 6, 16	Royal Legislative Decree 1/2008 (as amended), Article 3 & Annexes I, II. Projects listed in Annex I require an EIA. Projects listed in Annex II or that may impact a Natura 2000 may require an EIA at the discretion of the authority. The screening decision must be made available to the public and meet the criteria in Annex III.					"To determine the extent and level of detail of the environmental impact study, the environmental agency will consult the public authorities concerned about the initial project document. The consultation may be extended to other natural or legal persons, public or private, involved in the protection of the environment." Royal Legislative Decree 1/2008 (as amended), Articles 5(2), 8		Royal Legislative Decree 1/2008 (as amended), Article 12	Royal Legislative Decree 1/2008 (as amended), Article 12(1)	Royal Legislative Decree 1/2008 (as amended), Article 14. However, "[t]he environmental agency may decide, at the request of the developer that this statement is still valid in the absence of substantial changes to the essential elements that have formed the basis for the assessment of environmental impact."		The criteria is not discussed in the Spanish EIA law.	Royal Legislative Decree 1/2008 (as amended), Article 7(1)(b)	This criteria is not discussed in the Spanish EIA law.	The EIA must contain measures planned to reduce, eliminate or compensate for significant environmental effects. Royal Legislative Decree 1/2008 (as amended), Article 7(1)(d)	The EIA must contain an environmental monitoring program. Royal Legislative Decree 1/2008 (as amended), Article 7(1)(e)	Royal Legislative Decree 1/2008 (as amended), Article 9	Royal Legislative Decree 1/2008 (as amended), Article 12	Royal Legislative Decree 1/2008 (as amended), Article 12	Royal Legislative Decree 1/2008 (as amended), Article 9	"The decision on the authorization or approval of the project will be made public by the authority when it is adopted. . . . " Royal Legislative Decree 1/2008 (as amended), Article 15	Royal Legislative Decree 1/2008 (as amended), Articles 8 & 9	Royal Legislative Decree 1/2008 (as amended), Articles 5,9	Royal Legislative Decree 1/2008 (as amended), Article 9	Royal Legislative Decree 1/2008 (as amended), Article 9	Royal Legislative Decree 1/2008 (as amended), Article 9	It is not clear whether members of the public are permitted to submit comments on a final EIA. The law only specifies that the final EIA must be made public. See Royal Legislative Decree 1/2008 (as amended), Article 12	Results from the public information meetings and from public consults shall be taken into account by the project proponent and the relevant authorities. Royal Legislative Decree 1/2008 (as amended), Article 9			See Article 22 of Law 27/2006, of July 18, which regulates the rights of access to information, public participation and access to justice in environmental matters. http://www.elaw.org/system/files/es.Ley272006.pdf	Royal Legislative Decree 1/2008 (as amended), Article 18
Sri Lanka	There are provisions allowing for initial environmental examination (IEE) reports in Sri Lanka's legislative framework. According to the Central Environmental Authority, IEE reports are not required to be open for public comments. However, an IEE report shall be deemed to be a public document and shall open for inspection by the public.	"The Minister shall determine. . . the activities in respect of which a licence is required to be obtained" under the Act. NE Act, sec. 23A(1) A consolidated list of the prescribed projects is maintained on the Central Environmental Authority's website: http://www.cea.lk/Prescribed_Projects.php	Prescribed projects are listed in the EIA Regulations. A consolidated list of the prescribed projects is maintained on the Central Environmental Authority's website: http://www.cea.lk/Prescribed_Projects.php	Project approving agencies must require an initial environmental examination or an environmental impact assessment from any public or private body seeking approval for a project. NEA, sec. 23BB		Although the EIA law and regulations do not discuss contractor qualifications, the Central Environmental Authority maintains a list of EIA consultants. A project proponent is not required to use a listed consultant.		The project approving authority sets the terms of reference for an initial environmental examination report or EIA report, as the case may be. 1993 EIA Regulations (no internal numbering). The TOR must be conveyed to the project proponent within 30 days of receiving preliminary project information. Id.			Every licence shall "be subject to such terms, conditions and such standards as may be prescribed." NE Act, sec. 23B	Every licence shall "be valid for such period as shall be specified in the licence, provided, it shall not be for more than a period of three years." NE Act. sec. 23B (as amended)					The EIA law and regulations do not describe the required content of EIAs. This appears to be left to the discretion of the project proponent and case-by-case terms of reference.	Monitoring is addressed after a project is approved - not during the EIA process.		On receipt of an EIA, the project approving agency shall publish a notice in one newspaper each in the Sinhala, Tamil, and English languages, notify the public of the place and times that the EIA shall be available for inspection and invite the public to make comments. NEA, sec. 23BB(2) (as amended)	"The project approving agency shall make available copies of the [EIA] Report to any person interested to enable him to make copies thereof." 1993 Regulations (no internal numbering)		"Where approval is granted for implementation of any prescribed project, such approval shall be published in the Gazette and in one newspaper each in Sinhala, Tamil and English languages." NEA, sec. 23BB(4); see also 1993 Regulations, sec. 15	When developing the terms of reference, the project approving agency may take into consideration the views of the public.		The decision whether to hold a hearing is at the discretion of the project approving agency "where it considers [a hearing] appropriate in the public interest." NEA, sec. 23BB(3)	NEA, sec. 23BB(3)		The project approving agency must provide notice of the availability of the EIA report and invite the public to submit comments. 1993 Regulations (no internal numbering)	The project approving agency "shall have regard to such comments and any other materials if any, elicited at [the public hearing], in determining whether to grant its approval for the implementation of such prescribed project." NEA, sec. 23BB(3). Upon completion of the public consultation period, the project approving agency must forward comments to the project proponent within 6 days. The project proponent must respond to such comments in writing to the project approving agency. 1993 Regulations, sec. 12				"It shall be the duty of all Project Approving Agencies to forward to the Authority a report which contains a plan to monitor the implementation of every approved project, within thirty days from granting of approval. . . ." 1993 Regulations, sec. 14
Taiwan	Developer shall prepare a "phase I" environmental impact study and submit it to the competent authority. The authority has 50 days to complete a review (may be extended by 50 days) and notify the developer if a "phase II" assessment must be prepared. A phase II assessment is required if there is concern about significant impact on the environment. EIA Act, Arts. 6, 7, 8	EIA Act, Arts. 7 & 8	EIA Act, Arts. 5 & 8 (list of activities for Phase I assessment; "significant impact" standard for Phase II assessment). "Significant impact" is further defined in the EIA Enforcement Rules, Art. 19	EIA Act, Art. 6	EIA Act, Art. 6 (presumed from context of overall EIA scheme)			EIA Act, Art. 10; EIA Enforcement Rules, Art. 22-1. The developer prepares a scoping document that is released for comment. Although it is not strictly a terms of reference, it appears formal enough to guide EIA preparation.		"After authorization by the competent authority of the environmental impact assessment report in the foregoing paragraph, the environmental impact assessment report and a summary of the review conclusion shall be officially announced and published in the official register of the competent authority." EIA Act, Art. 13. Permission granted prior to completion of review or authorization of an EIA report shall be invalid. EIA Act, Art. 14.	There appears to be authority to impose conditions. See EIA Enforcement Rules, Art. 43.	"When a developer starts development activity more than three years after the approval of its environmental impact statement or environmental impact assessment report and the acquisition of development activity permission granted by the industry competent authority, the developer shall submit an analysis of the difference between current environmental conditions and environmental conditions at the time its development activity permission was granted and a strategy evaluation report to the competent authority for review. Development activity may not start prior to the completion of the review by the competent authority." EIA Act, Art. 16-1			The EIA report must contain "alternate plan" [sic] EIA Act, Art. 11(IX)	A no action alternative is not mentioned in the EIA Act provision concerning content of the draft EIA report. See EIA Act, Art. 11.	The EIA shall contain "[a] summary chart of strategies for the prevention and mitigation of the adverse impact of the development activity on the environment" and a budget for implementation of the environmental protection work. EIA Act Art. 11 (XIV, XV)	Although project implementation monitoring occurs (see EIA Act, Art. 18), there does not appear to be a requirement that the project developer prepare a monitoring plan during the EIA process.	If it is determined that a Phase II assessment is required, the project developer must "display or post" the Phase I environmental impact study at an "appropriate location" for not less than 30 days. It must also publish notice in newspapers that the study is available for public inspection. EIA Act, Art. 8 "Appropriate location" is defined in the Enforcement Regulations, Art. 20, and includes local government offices, schools, libraries, churches/temples, and markets. The developer must choose at least 5 locations evenly distributed.	"After authorization by the competent authority of the environmental impact assessment report in the foregoing paragraph, the environmental impact assessment report and a summary of the review conclusion shall be officially announced and published in the official register of the competent authority." EIA Act, Art. 13.	EIA Act, Art. 13		"After authorization by the competent authority of the environmental impact assessment report in the foregoing paragraph, the environmental impact assessment report and a summary of the review conclusion shall be officially announced and published in the official register of the competent authority." EIA Act, Art. 13. The competent authority shall make its conclusions and conference records of the Environmental Impact Assessment Review Committee publicly available on the Internet. EIA Enforcement Rules, Art. 13.	The competent authority shall invite together the relevant agencies, groups, scholars, experts and representatives of local residents in order to define the scope of the Phase II assessment. EIA Act, Art. 10.	"For the information of scope identification submitted by the developer in accordance with Article 10 of this Act, the competent authority shall publish it on the Designated Website for at least fourteen days for the public, groups and agencies to express written comments and transfer it to the developer for treatment." EIA Enforcement Rules, Art. 22-1.	The developer must hold a "public explanation meeting" after the time period for reviewing the Phase I study is complete. EIA Act, Art. 8. The competent authority also hold a public hearing upon completion of the draft Phase II EIA report. EIA Act, Art. 12	Article 23 of the EIA Enforcement Rules describes how comments must be handled.	Community members shall submit their opinions in writing to the Developer within fifteen days after the public explanation meeting. EIA Act, Art. 9.		The Developer shall compile item-by-item explanations and circumstances concerning the acceptance or reasons for not accepting the opinions of local residents. EIA Enforcement Rules Art. 23.	The industry competent authority shall invite together experts, scholars, and local residents to conduct an onsite inspection within 30 days of the draft EIA report. EIA Act, Art. 12. Local residents may delegate to a representative, in writing, the right to act on their behalf in accordance with the EIA Act. EIA Act, Art. 30	"When the developer violates this Act or related orders determined pursuant to the authorization of this Act and the competent authority is negligent in enforcement, victims or public interest groups may notify the competent authority in writing of the details of the negligent enforcement." EIA Act, Art. 23	"For those competent authorities that have still failed to carry out enforcement in accordance with the law within sixty days after receipt of the written notification, the victims or public interest groups may name the competent authority at issue as a defendant and directly file a lawsuit with an administrative court based on the negligent behavior of the competent authority in the execution of its duties in order to seek a ruling ordering the competent authority to execute its duties." EIA Act, Art. 23. There is a fee-shifting provision: "When issuing a verdict on the lawsuit in the foregoing paragraph, the administrative court pursuant to its authority may order the defendant agency to pay the appropriate lawyer fees, detection and appraisal fees and other litigation costs to plaintiffs that have made specific contributions to the prevention and mitigation of the adverse impact of the development activity on the environment."	"During the implementation of the development activity and when using the development after completion of the development activity, the implementation of the environmental impact statement, environmental impact assessment report and review conclusion shall be tracked by the industry competent authority and supervised by the competent authority; when necessary, the developer may be ordered to regularly submit environmental impact survey reports." EIA Act, Art. 18. See also EIA Enforcement Regulations, Arts. 39, 40 (describing "matters to be tracked" by the industry competent authority and content of environmental impact survey report)	If the developer violates the Act or "related orders," citizens may seek administrative and judicial review. EIA Act, Art. 23. Developers are required to strictly comply with commitments in the EIA. EIA Act, Art. 23	"For those competent authorities that have still failed to carry out implementation in accordance with the law within sixty days after receipt of the written notification, the victims or public interest groups may name the competent authority at issue as a defendant and directly file a lawsuit with an administrative court based on the negligent behavior of the competent authority in fulfilling its implementation duties in order to seek a ruling ordering the competent authority to carry out implementation." EIA Act, Art. 23
Tanzania	For projects characterized as B1 (borderline), the project developer must submit a scoping report that functions as an abridged EIA. The Council will screen the project according to criteria in the Second Schedule and if the Council is satisfied that the project will not have significant negative impacts on the environment, it may recommend approval of the project. EIA Regulations, secs. 8, 9. If significant negative impacts may occur, a full EIA is required. For projects categorized B2 (non-mandatory), the project proponent must submit a project brief outlining, in relevant part, potential impacts, emergency preparedness, mitigation and monitoring plans, and the project budget. The project brief is reviewed by the Council, which may approve or disapprove the project. EIA Regulations, secs. 6, 7.	Envtl. Mgmt. Act, sec. 81(1); EIA Regulations, sec. 9.	EIA Regulations, First Schedule: Categories of Projects; EIA Regulations, Second Schedule: Project Screening Criteria	Envtl. Mgmt. Act, sec. 81(1)		EIAs "shall be conducted by experts or firms of experts whose names and qualifications are registered as such by the Council." Envtl. Mgmt. Act, sec. 83. In addition, the Minister shall prescribe the qualifications of a person who may conduct an EIA. Envtl. Mgmt. Act, sec. 83(2). See also EIA Regulations, sec. 14 ("Environmental Impact Assessments shall be conducted by experts or firms of experts whose names have been duly certified and registered in accordance with the provisions of the Environmental (Registration of Environmental Experts) Regulations, 2005.")	There is a code of practice for environmental experts that addresses conflicts of interest. See Environmental (Registration of Environmental Experts) Regulations, 2005	The project proponent submits a terms of reference with the scoping report. EIA Regulations, sec 10(3). See also EIA Regulations Sec. 11 (“The Council may prepare guidelines for Sector Specific Terms of References to guide the developer or the proponent in preparation of Terms of Reference for conducting EIA study.”)		Envtl. Mgmt. Act, sec. 92(2); EIA Regulations, sec. 31(2)	The Minister may approve an EIS subject to such conditions as he may determine. Envtl. Mgmt Act, sec. 92(1)(c); see also EIA Regulations, sec. 33(2)(b) (more specificity on authority to impose conditions)	If no development has started within 3 yeas of issuance of the certificate, the project proponent must re-register intent to develop. EIA Regulations, sec. 41			The EIA must "identify and analyse alternatives to the proposed project." EIA Regulations, secs. 16(b); 18	Consideration of a no action or "zero" alternative is not mentioned in the law or regulations.	The EIA must "propose mitigation measures to be taken during and after the implementation of the project." EIA Regulations, secs. 16(c), 18. In addition, the Environmental Impact Statement review process shall be based, in part, on "the possible mitigation alternatives or other remedial measures." Envtl. Mgmt. Act, sec. 88(2)(c).	The EIA must "develop an environmental management plan with mechanisms for monitoring and evaluating the compliance and environmental performance . . . ." EIA Regulations, secs. 16(d), 18	The public does not have the opportunity to review or comment on a draft EIA.	Upon receipt of the EIA, the Council shall notify the public "by any appropriate means of the place and time for reviewing the Environmental Impact Statement and submitting written comments in a prescribed manner." Envtl. Mgmt. Act, sec. 89(2)(b). See also EIA Regulations, sec. 23(2) (Council shall notify and invite the general public for comment within 14 days of receiving the EIS from the project developer).	Environmental impact statements "shall be kept and maintained by the Council in a public registry and their contents may be searched upon payment of a prescribed fee." Envtl. Mgmt. Act, sec. 85(2). The Council shall grant any person who desires to consult an environmental impact statement or EIA access on such terms and conditions the Council considers necessary. EIA Regulations, sec. 39(2).	If a public hearing is to be convened, the Council "shall display and make available for inspection and copying all relevant reports, documents and written submissions made during and after the period of review until the public hearing is finalized." Envtl. Mgmt. Act, sec. 90(3). This may be narrowed somewhat by the EIA Regulations, which state that only the project brief, EIS, terms of reference, public comments, public hearing report, and decision letter are considered "public" documents. EIA Regulations, sec. 39(1). There are also provisions regarding confidential information. See EIA Regulations, sec. 40	The Minister's decision on an environmental impact statement shall be made available for inspection by the general public at the Council's office. EIA Regulations, sec. 32(2). Note, however, that there is no requirement that the Council issue any notice that the decision is available.	A Scoping Report must be submitted to the Council. The report must identify stakeholder groups and describe how they were involved in the scoping exercise. EIA Regulations, sec. 10.	The Council and the project proponent shall determine the scope of the environmental impact statement, including issues that must be addressed, persons that must be consulted, and methdologies for collecting and analyzing the required data. Envtl. Mgmt. Act, sec. 85. Although the public may be involved in scoping exercises, it does not appear that there is an opportunity to review or comment on the TOR before it is final.	The review of the Environmental Impact Statement shall be conducted through public hearings. Envtl. Mgmt. Act, sec. 90(1). However, the Council has discretion to decide whether or not to convene a public hearing to collect submissions or comments. If a hearing is convened, the Council "shall display and make available for inspection and copying all relevant reports, documents and written submissions made during and after the period of review until the public hearing is finalized." Envtl. Mgmt. Act, sec. 90(3). See also EIA Regulations, secs. 26, 27 (The Council shall, upon receipt and consideration of oral and written comments, determine whether to hold or not to hold a public hearing).	"Any person may attend in person or through a representative and make presentations…provided that the presiding officer shall have the right to disallow frivolous and vexatious presentations." EIA Regulations, sec. 29.			The Environmental Impact Statement review process shall be based in part on comments received during public hearings and other consultative processes. Envtl. Mgmt. Act, sec. 88(2)(d). Specifically, the Council shall consider all comments received on the EIS to determine whether a public hearing should be held. EIA Regulations, sec. 26(1). The Minister shall take the public hearing report into account when issuing a decision regarding an EIS. EIA Regulations, sec. 32(c).	The accommodations are not extensive. The project proponent must provide a non-technical executive summary of the EIA in English and Kiswahili. EIA Regulations, sec. 19(2)	"Any person who is aggrieved by the decision of the Minister to approve or disapprove an Environmental Impact Statement may appeal to the Environmental Appeals Tribunal." Envtl. Mgmt. Act, sec. 95; EIA Regulations, sec. 61. The statute of limitations is 30 days. Id.	Decisions of the Environmental Appeals Tribunal may be appealed to the High Court within 30 days. EIA Regulations, sec. 61(2)	The Council, shall in conjunction with the relevant sector Ministry, "monitor the operation of any project or undertaking with a view to determining its immediate and long term effects on the environment." Envtl. Mgmt. Act, sec. 99(1)(b). After giving notice, inspectors may enter land or facilities to conduct monitoring. Id. The Council is also required to conduct audits of for any project that is likely to have significant impact on the environment. Envtl. Mgmt. Act., sec. 101. There is further discussion of the audit and monitoring processes in the EIA Regulations, Parts X and XI.
Trinidad & Tobago	A certificate of environmental clearance (CEC) may be granted on the basis of information provided in the application alone. CEC Rules, secs. 3(5) (content of application), 4(1)(c)(authority to issue CEC without requiring EIA)	The project proponent submits an application describing the project with a brief summary of activities and impacts. The environmental authority will determine within 10 days whether an EIA must be prepared. CEC Rules, secs. 3(5) & 4(1)(d).	See Certificate of Environmental Clearance (Designated Activities) Order, 2001 (as amended by orders in 2007 & 2008)	CEC Rules, sec. 10		An EIA "shall be carried out by persons with expertise and experience in the specific areas for which information is required," but no specific qualifications or registrations are required. CEC Rules, sec. 10.		The environmental authority prepares a draft TOR and provides it to the project proponent. CEC Rules, sec. 5(1)(b).		"[T]he Authority shall notify the applicant in writing of its determination with respect to a Certificate. . . ." CEC Rules, sec. 6.	"After considering all relevant matters, including the comments or representations made during the public comment period, the Authority may issue a Certificate subject to such terms and conditions as it thinks fit, including the requirement to undertake appropriate mitigation measures." EM Act, sec. 36(1); see also CEC Rules, sec. 7 (a determination as to a certificate of environmental clearance may contain any terms and conditions that the environmental authority sees fit)	If the activity for which a Certificate is granted has not commenced within 3 years, the Certificate shall cease to have validity, force, or effect. CEC Rules, sec. 7(1)(a)(v).		The EIA rules direct that preparation of the EIA "shall be carried out by persons with expertise and experience in the specific areas for which information is required[.]" CEC Rules, sec. 10. However, the rule does not specifically require an interdisciplinary team to be used.	The EIA may include "an evaluation of the alternatives to the activity, giving consideration to concerns of environment, alternative sites, designs, approaches and processes. . . ." CEC Rules, sec. 10(f)		The EIA may include "an account of the measures proposed to avoid, reduce, mitigate or remedy any of the significant adverse effects identified. . . ." CEC Rules, sec. 10(h). This information is not mandatory.	The EIA may include "a description of the programme proposed for monitoring actual impacts and the effects of the mitigation measures at the various stages of the activity. . . ." CEC Rules, sec. 10(j). This information is not mandatory.		The environmental authority must publish notice of availability of the EIA in the Gazette and at least one newspaper of general circulation advising the public of the matter, indicating where the administrative record is maintained and available for inspection, stating the length of the public comment period, and advising where the comments are to be sent. EM Act, sec. 28	The location for members of the public to access the EIA is not entirely clear from the EM Act and CEC Rules. At a minimum, the EIA is accessible as part of the administrative record maintained by the environmental authority. However, it appears in practice that EIAs are also published on the environmental authorities website.	Supporting documentation must be made available to the public through the administrative record; however, the environmental authority has discretion to decide which documentation will assist the public in understanding the proposed activity. EM Act, sec. 28(2). The administrative authority must identify a location or locations where the administrative record may be viewed. EM Act, sec. 28(1)(b).	The decision is entered into a National Register of Certificates of Environmental Clearance, which shall be open for public examination when and where the EMA Authority may notify in the Gazette and in one or more daily newspaper of general circulation. CEC Rules, sec. 9(1). In addition, "[t]he applicant shall cause the certificate to be displayed in public view at the place from which the applicant carries on the designated activity for which the Certificate was issued." CEC Rules, sec. 7(2)	"The applicant shall, where appropriate, conduct consultations with relevant agencies, non-governmental organisations and other members of the public on the draft TOR. . . ." CEC Rules, sec. 5(2)	The project proponent shall "where appropriate" consult with relevant agencies, non-governmental organizations and other members of the public on the draft TOR over a 28-day period. Following consultation, the project proponent submits written representations to the environmental authority requesting any changes to the draft TOR. The TOR is finalized by the environmental authority. CEC Rules, sec. 5(2).	If the Environmental Management Authority "determines there is sufficient public interest, it may hold a public hearing for discussing the proposed action and receiving verbal comments." EM Act, sec. 28(3)	[I]f the Authority determines there is sufficient public interest, it may hold a public hearing for discussing the proposed activity and receiving verbal comments." EM Act, sec. 28(3)		The environmental authority "shall receive written comments for not less than 30 days from the date of notice in the Gazette[.]" EM Act, sec. 28(3)	The environmental authority must consider "all relevant matters, including the comments or representations made during the public comment period" before issuing a Certificate of Environmental Clearance. EM Act, sec. 36(1).		Appeals to the Environmental Commission are limited to those filed by the party seeking environmental clearance. See EM Act, secs. 40 & 81(5)(commission has jurisdiction over appeals only as permitted by the EM Act).	An application for judicial review of a decision of an inferior Court, tribunal, public body, public authority or a person acting in the exercise of a public duty or function in accordance with any law shall be made to the Court in accordance with this Act and in such manner as may be prescribed by Rules of Court. Judicial Review Act, sec. 5 (1).	The Environmental Management Authority "shall monitor the performance of the activity to ensure compliance with any conditions in the Certificate, and to confirm that the performance of the activity is consistent with…the information provided in any environmental impact assessment." EM Act, sec. 37.	The Environmental Management Act (EMA) establishes a "direct private party action." A private party may institute a proceeding before the Environmental Commission against any person who violates "environmental requirements," including failure to obtain a certificate of environmental clearance or failure to comply with the terms and conditions in a certificate. See EM Act, sec. 69. The Act clearly states: "[A]ny individual or group of individuals expressing a general interest in the environment or a specific concern with respect to the claimed violation shall be deemed to have standing to bring a direct private party action." Id., sec 69(2). The Attorney General may intervene in the proceeding at any time as of right. Id., sec. 69(3). See also EM Act, sec. 89 (additional provisions governing direct party actions)	The Environmental Management Act (EMA) establishes a "direct private party action." A private party may institute a proceeding before the Environmental Commission against any person who violates "environmental requirements," including failure to obtain a certificate of environmental clearance or failure to comply with the terms and conditions in a certificate. See EM Act, sec. 69. The Act clearly states: "[A]ny individual or group of individuals expressing a general interest in the environment or a specific concern with respect to the claimed violation shall be deemed to have standing to bring a direct private party action." Id., sec 69(2). The Attorney General may intervene in the proceeding at any time as of right. Id., sec. 69(3). See also EM Act, sec. 89 (additional provisions governing direct party actions)
Uganda	Certain projects qualify for preparation of a project brief. Procedures and content of the project brief are outlined in secs. 6-11 of the NEA 2020 Regulations.	NE Act, sec. 112.	See National Environment Act, Schedule 5 (listing projects that require EIA). The Executive Director of NEMA may also screen projects that are not listed in Schedule 5 and conclude that these are subject to EIA. NE Act, sec. 112(6). Projects proposed to be located near environmentally sensitive areas listed in Schedule 10 of the Act may be required to undertake an ESIA. NEA 2020 Reg., sec 12.	"A developer of a project . . shall undertake scoping and an environmental and social impact study in accordance with these Regulations" NEA 2020 Reg., sec. 12(1)	Implied from the context of the NE Act and Regulations.	Practitioners are licensed according to the category of the specialization following their academic qualifications and experience. They are categorized into team leaders, general consultants, and foreign consultants. See National Environment (Conduct and Certification of Environment Practitioners) Regulations, 2003 (available at http://extwprlegs1.fao.org/docs/pdf/uga40873.pdf). As part of the terms of reference, the project developer must include a proposed team with requisite qualifications and experience to undertake the ESIA. NEA 2020 Reg., sec. 13(4)(a).	See National Environment (Conduct and Certification of Environment Practitioners) Regulations, 2003 (available at http://extwprlegs1.fao.org/docs/pdf/uga40873.pdf).	The developer must prepare terms of reference for an ESIA. NE Act, sec 113(1). The terms of reference must include information included in NEA 2020 Reg. sec. 13(4).	The Authority must make a decision within 60 days from the date of receipt of the complete ESIA from the developer. NEA 2020 Reg., sec. 24(3)	The Authority must send a written decision to the developer and a copy may be made available for public access. NEA 2020 Reg., sec. 24(6)	A certificate of approval "may contain such terms and conditions as the Authority may deem necessary." NEA 2020 Reg., sec. 25(1)	Varies as per the Authority's discretion, but cannot exceed ten years. NEA 2020 Reg., sec. 25(3).	"The Authority may require a developer to take out financial security for a project or activity likely to have a deleterious effect on human health or the environment. NE Act, sec. 141; see also NEA 2020 Reg., Form 2.	Although an interdisciplinary team is not required, the NEA Regulations state that the TOR must identify "a proposed composition of the team of environmental practitoners with relevant and requisite qualifications, experience, skills and expertise" to undertake the ESIA. NEA 2020 Reg., sec. 13(4)(a).	Alternative sites, technologies, and processes must be presented during scoping and in the final EIA NEA 2020 Reg., sec. 13(2)(f) (scoping requirements), 15(1)(i) (content of ESIA). The TOR must provide "an indication of project alternatives, including project design, technology, location and no-action alternative andhow they will be evaluated." NEA 2020 Reg, sec. 13(4)(h).	The project developer must evaluate a no-action alternative. NEA 2020 Reg., sec. 13(4)(h).	The ESIA must "propose and assess measures for avoidance, minimisation, mitigation or offsetting of negative impacts[.]" NEA 2020 Reg., sec. 15(1)(g); see also NEA 2020 Reg, sec. 13(4)(j).	The project developer "shall develop an environmental management and monitoring plan." NEA 2020 Reg., sec. 46(1)	The EIA law and regulations do not discuss preparation of a draft EIA.	The Authority must publish an invitation for comments through at least one of four means: national newspaper; radio/television; relevant websites; or via local authorities. NEA 2020 Reg., sec. 20(2).	It is not clear whether the EIA is made easily accessible to the public. The National Environment Act states that the EIA is a public document that can be viewed at any reasonable hour by a member of the public. NE Act, sec. 146. According to the EIA regulations, the developer shall "ensure that appropriate project information on environmental and social impacts or risks is disclosed to stakeholders in a timely, understandable, accessible and appropriate manner and format, well in advance of the proposed consultations." NEA 2020 Reg., sec 16(2)(d).	"Every person shall have a right of access to environmental information relating to the implementation of this Act, subject to the Constitution and the Access to Information Act, 2005." NE Act, sec. 146	The Authority may make a copy of the decision available to the public at the office of the Authority. NEA 2020 Reg., sec. 24(6).	A developer required to undertake an ESIA shall initiate the study by undertaking a scoping exercise. NEA 2020 Reg., sec. 13(1). Scoping procedures are outlined in NEA 2020 Reg., sec. 13 (2)(a-h).	Public review of the TOR is discretionary. When the Authority receives a TOR from the developer it may consult with "persons likely to be affected by the project." NEA 2020 Reg., sec. 14(1)	A public hearing may be required if the project is controversial (including impacts on social or cultural values), if there is public interest in the project, if there are potential transboundary impacts, or other factors lead the Authority or Technical committee to determine a public hearing is necessary. NEA 2020 Reg., sec. 21(4-5) & 22(1))	If there is a public hearing, the presiding officer must ensure the proceeding is structured "in a non-judicial, informal and non-adversarial manner that permits a fair and comprehensive discussion of the information presented." NE 2020 Reg., sec. 22(6))		The NEA 2020 regulations do not specify a time period for public comment. Instead, the Authority will designate the time period on a project-specific basis in the invitation for comments. NEA 2020 Reg. sec. 20(1), (3)	The Authority must consider "comments from the public and communities likely to be affected by the project." NEA 2020 Reg., sec. 21(1)(d). If a public hearing takes place, the Authority shall take the presiding officer's report of the hearing under consideration when deciding to approve, reject, or defer the ESIA. NEA 2020 Reg., sec. 24(2)(b).	The Authority must invite comments from particular groups affected by the project through any combination of locally circulated national newspapers, multimedia coverage, websites, or local authorities. NEA 2020 Reg., sec. 20(3). Additionally, the scoping process must include conversations with affected people. NEA 2020 Reg., sec. 13(d). The venue for the public hearings must be accessible for affected people as well. NEA 2020 Reg., sec. 22(5).	"A person aggrieved by the decision of a lead agency, a technical committee or a public officer in the exercise of delegated functions under this section may appeal to the Authority." NE Act, sec. 9(4).	See Judicature (Judicial Review) Rules, 2009	An environmental inspector designated under NEA 2019, sec. 128 may, "enter on any land, including water, facilities, premises, vehicles or vessels, to conduct a search and to determine whether the provisions of this Act are being complied with." In addition to the monitoring mechanism developed during the ESIA process, the Authority may also "arrange for on-site inspections and monitoring… to ensure compliance" within 12 months of approval. NEA 2020 Reg., sec. 53. The developer is also subject to the National Environment (Audit) Regulations, 2020. Id., sec. 54.
Ukraine		Screening is conducted in accordance with a list of activities identified in the EIA law. See EIA Law, Art. 3(2), (3).	"The environmental impact assessment shall be mandatory in the process of decision-making on carrying out the proposed activity identified in paragraphs 2 and 3 of this Article. Such a proposed activity shall be made subject to the environmental impact assessment before the decision on carrying out the proposed activity is made." EIA Law, Art. 3.	"Environmental impact assessment means a procedure, consisting of:. . . .1) the preparation of an environmental impact assessment report by the developer[.]" EIA Law, Art. 2(1)(1)	Although the EIA law does not specifically mention the project developer is responsible for the costs of preparing the EIA, it can be assumed from context. See, e.g., "The developer shall bear the costs related to the public consultations." EIA Law, Art. 7(8).					The EIA conclusion is issued by a competent environmental authority (either local or central depending on the circumstances). The conclusion is binding for implementation even though a different public authority may issue a final decision allowing the project or activity to proceed. The required contents of the conclusion are described in Article 9 of the EIA law, and must be made available to the public within 3 days of completion.	The competent local or central authorities shall "determine the environmental conditions for carrying out" the proposed activity. EIA Law, Art. 9(1). Further, "If the public authority or the local self-governance authority decides so, the decision on carrying out the proposed activity may include the environmental conditions for carrying out the proposed activity." EIA Law, Art. 11(2).	"The environmental impact assessment conclusion shall be invalid after 5 years where the decision on carrying out the proposed activity has not been taken." EIA Law, Art. 9(8).	Financial assurances are not required by the EIA law.		The EIA shall include "a description of the reasonable alternatives . . . relevant to the proposed activity," including geographical or technological alternatives. EIA Law, Art. 6(2).		The EIA report must include "measures to prevent or mitigate the effects of emergencies on the environment and the response measures to emergencies." EIA Law, Art. 5(2)(8).	The EIA report must include "an outline of the monitoring and control programmes as to the effects on the environment of carrying out of the proposed activity." EIA Law, Art. 6(2)(11)	A draft EIA is not made available to the public.	The EIA shall be made accessible to the public within 3 working days after it is submitted to the competent authority. EIA Law, Art. 4(3), (4).	The EIA report and documentation must be made available at numerous public places, as well as the internet. EIA Law, Art. 4(4), (5), (10).	"The environmental impact assessment report and other documentation requisite for the environmental impact assessment and provided by the developer shall be open . . . and provided by the competent authority, local self-governance authority and the developer for examination." EIA Law, Art. 4(5). Some confidential information may be excluded under exceptional circumstances. See Art. 4(8).	"[T]he competent central authority, shall make the environmental impact assessment conclusion public within 3 working days of the adoption thereof." EIA Law, Art. 9(3). Decisions must be added to the EIA registry within 3 days of being issued. EIA Law, Art. 11(5).	"[T]he public may forward . . . its comments and suggestions to the proposed activity, the scope of assessment and the level of detail of the information to be included in the environmental impact assessment report. EIA Law, Art. 5(7).	No terms of reference is prepared.	"Public consultations in the process of the environmental impact assessment shall be carried out with a view to identify, collect and take into account comments and suggestions from the public to the proposed activity." EIA Law, Art. 7(1). "Public consultations on the proposed activity after the submission of the environmental impact assessment report shall be carried out in the form of public hearings and in the form of submission of written comments and suggestions (including in an electronic form)." EIA Law, Art. 7(5)	The public may comment on the proposed activity in writing during the public consultation period or orally during consultations. EIA Law, Art. 7(2).	A draft EIA is not made available to the public.	"The public shall have the right to submit any comments or suggestions it considers relevant to the proposed activity without the need to substantiate them." EIA Law, Art. 7(2). Such comments can be written and submitted during public consultations or orally during consultations. Id.	"The developer shall fully accept, partially accept or reasonably reject comments and suggestions from the public submitted through the public consultations." EIA Law, Art. 5(10).			The EIA "may be challenged by any natural or legal person through a judicial procedure." EIA Law, Art. 12(1). According to the Code of Administrative Legal Proceedings of Ukraine: "In administrative courts any decisions, actions or failure to act of subjects of powers of authority can be appealed," except in cases where the Constitution or laws establish another judicial procedure." Code of Administrative Legal Proceedings of Ukraine, Art. 2, sec. 2 (2005) (available at http://cis-legislation.com/document.fwx?rgn=10720).	"Where envisaged by the environmental impact assessment conclusion, the developer shall ensure the post-project monitoring with a view to identify any discrepancies and deviations of predicted levels of exposure and efficiency of measures for prevention of environmental pollution and mitigation thereof." EIA Law, Art. 13	"The infringement of the environmental impact assessment procedure, groundless and unjustified non-consideration or improper taking into account of the results of public participation, other violations of the legislation in the sphere of environmental impact assessment shall form the grounds for cancellation of the environmental impact assessment conclusion and the decision on carrying out the proposed activity through a judicial procedure." EIA Law, Art. 12(2).
United Kingdom		Screening is guided by Schedules 1 & 2 of the EIA Regulations. A project proponent may request a screening opinion or direction, or submit an application with an EIA if it is clear that an EIA is required. EIA Regulations, sec. 5(2), (3)	For Schedule 1 projects an EIA must always be carried out. For Schedule 2 projects an EIA must be carried out if the development is likely to have a significant impact on the environment by virtue of its nature, size or location. Developments which meet or exceed the applicable threshold are considered on a case-by-case basis. EIA Regulations, sec. 2 (definition of "EIA Development") & Schedules 1-3	There is no provision directly stating that the project proponent is responsible for preparing the EIA, however it can be determined through context. "In order to ensure the completeness and quality of the environmental statement—(a) the developer must ensure that the environmental statement is prepared by competent experts . . . ." EIA Regulations, sec 18(5)(a)	EIA Regulations, sec 18(5)	England's Town & Country Planning Act and Regulations do not specify minimum qualifications for experts preparing an EIA, however, "the developer must ensure that the environmental statement is prepared by competent experts; and (b) the environmental statement must be accompanied by a statement from the developer outlining the relevant expertise or qualifications of such experts." EIA Regulations, sec. 18(5)	Although England's EIA law does not contain conflict of interest provisions directed towards the entities that prepare EIA reports, the EIA regulations state: "Where an authority or the Secretary of State has a duty under these Regulations, they must perform that duty in an objective manner and so as not to find themselves in a situation giving rise to a conflict of interest." EIA Regulations, sec. 64(1)	If a project developer requests a scoping opinion, the opinion will address the "scope and level of detail of information to be provided in the environmental statement." EIA Regulations, sec. 15(1). The public is not involved in this process.		"Where an EIA application is determined by a local planning authority, the authority must promptly—(a) inform the Secretary of State of the decision in writing; (b) inform the consultation bodies of the decision in writing . . . ." EIA Regulations, secs. 30(a) and (b)	A decision notice must include "any conditions to which the decision is subject which relate to the likely significant environmental effects of the development on the environment[.]" EIA Regulations, sec. 29(2)(i)(bb)	Generally, a planning permission is valid for three years. The duration that a permission is valid may be lengthened or shortened by the planning authority. Town and Country Planning Act 1990, Art. 91		"[T]he EIA report must be accompanied by a statement from the developer outlining the relevant expertise or qualifications" of the experts who prepared the EIA, but there is no explicit requirement for an interdisciplinary team. EIA Regulations, sec. 18(5)(b)	"An environmental statement is a statement which includes at least . . . a description of the reasonable alternatives studied by the developer, which are relevant to the development and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the development on the environment . . . ." EIA Regulations, sec. 18(3)(d)		An EIA statement includes a description of "measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment[.]" EIA Regulations, sec. 18(c); see also Schedule 4, para. 8	Monitoring plans are not required content for EIA statements. It is up to the discretion of the project proponent and/or planning authorities. See EIA Regulations, Schedule 4(7); secs.26, 29	Drafts EIAs are not available for public input.	The project developer must publish notice in a local newspaper informing the public that the planning application, any accompanying plan and other documents, and a copy of the environmental statement may be inspected by the public. EIA Regulations, sec. 20(2)(d)	EIA Regulations, sec. 20(2)	An EIA must include a reference list of sources (See Schedule 4, para. 10), but there is no requirement for these sources to be disclosed in full.	"Where an EIA application is determined by a local planning authority, the authority must promptly . . . inform the public of the decision, by local advertisement, or by such other means as are reasonable in the circumstances." EIA Regulations, sec. 30(c)	Scoping occurs among government entities, not with the public. See EIA Regulations, sec. 15(4)	If a project developer requests a scoping opinion, the opinion will address the "scope and level of detail of information to be provided in the environmental statement." EIA Regulations, sec. 15(1). The public is not involved in this process.	The Town & Country Planning Act and subsidiary regulations are not clear on the criteria for holding public meetings concerning proposed development activities. The EU EIA Directive, Art. 6(5)(as amended) gives Member States discretion in this regard: "The detailed arrangements for informing the public, for example by bill posting within a certain radius or publication in local newspapers, and for consulting the public concerned, for example by written submissions or by way of a public inquiry, shall be determined by the Member States."	It is presumed that if a public meeting is held, the public may make submissions. There are no regulations specifically addressing this issue, however.		"[A]ny person wishing to make representations about the application should make them in writing, before the latest date named in accordance with sub-paragraph (e) or (f), to the relevant planning authority or (in the case of an application made or referred to the Secretary of State, or of an appeal) to the Secretary of State." EIA Regulations, sec. 20(2)(j)	"Where an EIA application is determined by a local planning authority, the authority must promptly . . . make available . . . a statement containing . . . a summary of the results of the consultations undertaken, and information gathered, in respect of the application and how those results (in particular, in circumstances where regulation 58 applies, the comments received from an EEA State pursuant to consultation under that regulation) have been incorporated or otherwise addressed." EIA Regulations, sec. 30(1)(d)(iii); see also Town & Country Planning Act, Art. 71.		Application is made directly to the High Court. Town and Country Planning Act 1990, Art. 288	Application is made directly to the High Court. Town and Country Planning Act 1990, Art. 288
United States	"An agency shall prepare an environmental assessment for a proposed action that is not likely to have significant effects or when the significance of the effects is unknown[.]" 40 C.F.R. §1501.5(a). An environmental assessment (EA) briefly provides information and analysis for determining whether to proceed with a full environmental impact statement. See generally 40 C.F.R. §1501.5	Federal agencies assess the appropriate level of NEPA review. 40 C.F.R. § 1501.3	An environmental impact statement must be prepared for any major Federal action "significantly affecting the quality of the human environment." 42 U.S.C. sec. 4332(C). Environmental impact statements must be included in "every Federal agency recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment." 40 C.F.R. §1502.3; see also 40 C.F.R. §1501.1 (NEPA thresholds)	"Agencies shall prepare environmental impact statements using an interdisciplinary approach that will ensure the integrated use of natural and social sicence and the environmental design arts." 40 C.F.R. §1502.6.		Although the CEQ regulations do not establish minimum qualifications for contributors to the EIS, the document "shall list the names, together with their qualifications (expertise, experience, professional disciplines), of the persons who were primarily responsible for preparing the environmental impact statement or significant background papers, including basic components of the statement." 40 C.F.R. §1502.18	"Contractors or applicants preparing environmental assessments or environmental impact statements shall submit a disclosure statement to the lead agency that specifies any financial or other interest in the outcome of the action." 40 C.F.R. 1506.5(b)(4)			An agency must prepare and publish a record of decision. 40 C.F.R. § 1505.2(a)	40 C.F.R. §1505.3(a),(b)	The law and regulations do not specify the length of time that a record of decision is to remain valid. There are court decisions on the matter, but no consistent rule has been laid down.	Bonds are not mandatory under NEPA and implementing regulations. In certain circumstances, other laws or regulations require financial assurances to be provided prior to commencing a project (e.g. mining projects).	Agencies "shall prepare environmental impact statements using an interdisciplinary approach" and ensure that the "disciplines of the preparers" are aligned with the scope of the project. 40 C.F.R. §1502.6	The EIS must "[e]valuate reasonable alternatives to the proposed action, and, for alternatives eliminated from etailed study, briefly discuss the reasons for elimination" 40 C.F.R. 1502.14	An EIS must include a no-action alternative. 40 C.F.R. §1502.14(c)	The discussion of alternatives must include appropriate mitigation measures. 40 C.F.R. §1502.14(e). See also 40 C.F.R. §1502.16 (discussion of environmental consequences); 40 C.F.R. §1508.1(s)(defining "mitigation")	There is no requirement for an EIS to include a monitoring plan.	Agencies shall "publish" entire draft and final environmental impact statements, and provide either an electronic or paper copy of the statement to any person, organization, or agency that makes a request. 40 C.F.R. §1502.20. "Publish" is defined to mean "methods found by the agency to efficiently and effectively make environmental documents and information available for review by interested persons, including electronic publication[.]" 40 C.F.R. §1508.1(y).	The Environmental Protection Agency publishes a notice in the Federal Register of EISs that have been filed. The time periods for public comments are calcuated from the date of publication of this notice. 40 C.F.R. §1506.11(a), (b). See also 40 C.F.R. §1506.6(b) (agencies must provide public notice of hearings, meetings, and other opportunities for public involvement).	Agencies shall "publish" entire draft and final environmental impact statements, and provide either an electronic or paper copy of the statement to any person, organization, or agency that makes a request. 40 C.F.R. §1502.20. "Publish" is defined to mean "methods found by the agency to efficiently and effectively make environmental documents and information available for review by interested persons, including electronic publication[.]" 40 C.F.R. §1508.1(y).	Agencies shall "make environmental impact statements, the comments received, and any underlying documents available to the public pursuant to the provisions of the Freedom of Information Act, as amended (5 U.S.C. 552)." 40 C.F.R. §1506.6(f). "Agencies may not incorporate material by reference unless it is reasonably available for inspection by potentially interested persons within the time allowed for comment. Agencies shall not incorporate by reference material based on proprietary data that is not available for review and comment." 40 C.F.R. §1501.12	An agency must timely publish a "concise public record of decision[.]" 40 C.F.R. § 1505.2	"Agencies shall use an early and open process to determine the scope of issues for analysis in an environmental impact statement[.]" 40 C.F.R. § 1501.9(a). Procedures are outlined in 40 C.F.R. § 1501.9		Public meetings are held at the discretion of the agency overseeing the EIS process. Agencies shall "[h]old or sponsor public hearings, public meetings , or other opportunities for public involvement whenever appropriate" or if required by statute. 40 C.F.R. §1506.6(c)	40 C.F.R. §1506.6(c), (d). See also 40 C.F.R. § 1503.1 (duty to invite public comment and provide for submission of comments electronically)	An agency agency shall request comments from the public, specifically targeting those individuals impacted by the proposed project. 40 C.F.R. §1503.1(a)(2)(v)	An agency "may request comments on a final environmental impact statement before the final decision and set a deadline for providing such comments." 40 C.F.R. §1503.2(b)	An agency is required to consider "substantive comments timely submitted during the public comment period." 40 C.F.R. § 1503.4(a). A summary of information and analyses submitted by other agencies, government, and the public shall be included in the draft and final statements. 40 C.F.R. §1500.3(b)(2)		Administrative review mechanisms (if available) are established through statute and/or regulations governing the agency decisionmaker. In some cases, exhaustion of administrative remedies is required before seeking judicial review.	"A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action . . . is entitled to judicial review thereof." 5 U.S.C. §702	In the record of decision, an agency "shall adopt and summarize, where applicable, a monitoring and enforcement program for any enforceable mitigation requirements or commitments." 40 C.F.R. §1502.2(a)(3)
Venezuela	There are two other levels of assessment. The first requires the presentation of a “Specific Environmental Assessment.” This assessment is used in cases of re-opening, closure, or transformation of an activity or project that would require a full EIA. It is also used in cases where the proposed project should not present a full EIA but the authority considers that there should be some environmental evaluation. The environmental authority will set-out the scope of this evaluation on a case by case basis. The second level is for projects or programs that do not require a full EIA or a Specific Assessment because of their low environmental impacts. In these cases, the Ministry, through a resolution, establishes a list of required documents for certain kinds of activities and/or projects. Decree 1.257, Articles 8, 9	Decree 1.257, Article 4	In addition to the list of projects, the authority may required an EIA based on project characteristics, potential effects, and the conditions of the area to be affected by the project/activity. Decree 1.257, Article 5	Decree 1.257, Article 10	This is not specifically addressed in the law or regulations, but presumed from the fact that the project proponent is responsible for preparing the EIA. See Decree 1.257, Article 10	Contractors must register with the Ministry for the Environment. Decree 1.257, Article 34		The project proponent prepares the TOR for review and approval by the Ministry. Decree 1.257, Article 7						Decree 1.257, Article 7	Decree 1.257, Article 7						Approved EIAs are available to the public at the offices of the Ministry for the Environment. Decree 1.257, Article 27.						Decree 1.257, Article 26
Vietnam		Investment projects are classified into one of four groups based on the risk of adverse environmental impacts. LOEP Art. 28(2)	LOEP Art. 28; see also Decree No. 8/2022, Art. 25.	"The EIA shall be conducted by the investment project owner or a qualified consultancy." LOEP Art. 31	"The EIA shall be conducted by the investment project owner or a qualified consultancy." LOEP Art. 31		"Experts participating in conducting EIA of the investment project are not allowed to join the council appraising the EIAR of such project" LOEP Art. 34(3)c			The EIAR appraising authority will "[p]ublish decisions on approval of EIAR appraisal results on its web portal" LOEP Art. 38(2). "[I]n case of refusal to grant approval, [the authority must] respond to the investment project owner and provide explanation in writing." LOEP Art. 34(9).	The project owner must "[r]evise contents of the investment project and EIAR in conformity with environmental protection contents and requirements set out in the decision on approval of EIAR appraisal result." LOEP Art. 37(1). This provision suggests that authorities are permitted to include conditions when they approve a project.	An environmental license is valid for 7 years for group I investment projects, and 10 years for projects other than group I. LOEP Art. 40(4). If the project undergoes substantial changes during implementation, the project developer may be required to prepare a new EIA. See LOEP, Art. 37; Decree No. 8/2022, Art. 27(2).					The EIA report must include "[m]ethods for reducing other adverse environmental impacts of the investment project; environmental improvement and remediation scheme (if any); biodiversity offsets scheme (if any); environmental emergency prevention and response plan;" LOEP Art. 32(g)	The EIA report must include an "environmental management and supervision program" LOEP Art. 32(h)		"The project owner shall preside over and cooperate with the People’s Committee of the commune where the project is executed in posting the EIAR at the communal People’s Committee and notifying time and place of the meeting intended to seek opinions of the consultees specified in point a clause 1 of this Article at least 05 days before the meeting." Decree No. 08/2022 Art. 26(3)(b)	"The project owner shall preside over and cooperate with the People’s Committee of the commune where the project is executed in posting the EIAR at the communal People’s Committee and notifying time and place of the meeting intended to seek opinions of the consultees specified in point a clause 1 of this Article at least 05 days before the meeting." Decree No. 08/2022 Art. 26(3)(b)	There are no provisions in the EIA laws concerning public access to background studies or information associated with the EIA. This information may be accessible, however, through the Access to Information law.	The EIAR appraising authority must "[p]ublish decisions on approval of EIAR appraisal results on its web portal, except for the information classified as state secrets or enterprise’s secrets as prescribed by law[.]" LOEP Art. 38(2)			"The investment project owner shall hold a consultation with consultees [identified in the law.]" The consultation is only required to occur with individuals and residential communities "under direct impact of the investment project." LOEP Art. 33. Investment projects on the list of state secrets are exempt from consultation. LOEP Art. 33(7). See also Decree No. 8/2022, Art. 26.	LOEP Art. 33(4)a		Consultation occurs during preparation of the EIA and it does not appear from the EIA law or decrees that the public has an opportunity to review or comment on the final EIA.			Review may be available through Law No. 93/2015/QH13 on Administrative Procedures	Review may be available through the Ordinance on the Procedures for Settlement of Administrative Cases (available at https://www.wipo.int/edocs/lexdocs/laws/en/vn/vn055en.pdf), amended by No. 29/2006/PL-UBTVQH11 (available at: https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/vn/vn056en.html)	After receiving approval of the EIA, the project developer must then acquire an environmental license. The environmental license requires monitoring and reporting. LOEP Art. 48(3)
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Zambia	For certain projects the proponent must prepare a "project brief" that is submitted to the Environmental Council. EIA Regulations, sec. 3. Required content of the project brief is described in section 4 of the EIA Regulations. "If the Council is satisfied that the project will have no significant impact on the environment, or that the project brief discloses sufficient mitigation measures to ensure the acceptability of the anticipated impacts, the Council shall within forty days of receiving the project brief from the developer, issue a decision letter, with conditions as appropriate, to that effect, to the authorising agency." EIA Regulations, sec. 6	"Where the Council determines that the project is likely to have a significant impact on the environment, it shall require that an environmental impact statement be prepared in accordance with these Regulations." EIA Regulations, sec. 7(2)	EIA Regulations, sec. 7 and Second Schedule	"An environmental impact statement shall be prepared and paid for by the developer in accordance with terms of reference prepared by the developer in consultation with the Council." EIA Regulations, sec. 8(1)	"An environmental impact statement shall be prepared and paid for by the developer in accordance with terms of reference prepared by the developer in consultation with the Council." EIA Regulations, sec. 8(1)	Although there are no specific qualifications listed in the EIA law or regulations, a project proponent must submit the names and qualifications of persons who will be preparing the EIA to the Council for prior approval. EIA Regulations, sec. 9(1). The Council may reject any name that it finds unsuitable along with reasons for the rejection. EIA Regulations, sec. 9(2).		"[A] developer shall not begin work on preparing the environmental impact statement can begin until the Council has approved the terms of reference." Regs. Part II, Sec. 8(5). The required content of the Terms of Reference is set forth in the Third Schedule to the EIA Regulations.		EIA Regulations, secs. 21, 22 (Council must issue a decision letter)	"In issuing its decision letter the Council shall, as the case may be:. . . (b) specify the conditions to be attached, as an Annex to any authorisation license, permit or permission issued to the developer based on an impact management plan provided in an environmental impact statement; Including an activity to schedule to govern implementation of the conditions." Regs. Part V, Sec. 22(1)(b).	"If, following the preparation of a project brief or environmental impact assessment, an authorisation licence, permit or permission has been issued but no land preparation or construction work has started within three years, then the developer must re-register with the authorising agency any intention to develop." EIA Regulations, Sec. 30.	Financial assurances are not mentioned in the law or regulations.	"The developer appoints a co-ordinator for the environmental impact study. The qualification of the co-ordinator depend on the nature of the project." EIA Regulations. Schedule 4. "Together with the co-ordinator, the developer selects the experts that will comprise the team that will undertake the study. Preference should be given to experts with specific knowledge of local or similar conditions. The team shall include at least one person resident in the potentially affected area." EIA Regulations, Schedule 4, Stage 1(3).	EIA Regulations, secs. 11(a), (g)	EIA Regulations, sec. 11	The EIA shall contain "an impact management plan containing a description of measures proposed for preventing, minimising or compensating for any adverse impact, and enhancing beneficial effects, and measures to monitor effluent streams or important environmental features that may be affected by the project" EIA Regulations, sec. 11; see also Guidelines, Fourth Schedule.	The EIA shall contain "an impact management plan containing a description of measures proposed for preventing, minimising or compensating for any adverse impact, and enhancing beneficial effects, and measures to monitor effluent streams or important environmental features that may be affected by the project" EIA Regulations, sec. 11; see also Guidelines, Fourth Schedule.		The Council shall "place a notification in at least two national newspapers three times per week for two consecutive weeks and broadcast a notification on national radio, detailing the place and times where copies of an environmental impact statement are available for inspection and the procedure for submitting comments." EIA Regulations, Sec. 16(1).	The Council shall "distribute copies of an environmental impact statement to relevant ministries, local government units, parastals, non-governmental and community-based organisations, interested and affected parties" and shall place copies of the EIA "in public buildings in the vicinity of the site of the proposed project." EIA Regulations, sec. 16	"Any project brief, environmental impact statement, terms of reference, public comments, report of the person presiding at a public hearing, decision letter or any other information submitted to the Council under these Regulations shall be public documents." EIA Regulations, sec. 26(1).	"Any project brief, environmental impact statement, terms of reference, public comments, report of the person presiding at a public hearing, decision letter or any other information submitted to the Council under these Regulations shall be public documents." EIA Regulations, sec. 26(1).	"To ensure that public views are taken into account during the preparation of the terms of reference, the developer shall organise a public consultation process, involving Government agencies, local authorities, non-governmental and community-based organi	Members of the public are consulted during preparation of the terms of reference (TOR); however, the public does not have access to a draft TOR before it is made final.	The project proponent shall "hold meetings with the affected community in order to present information on the project and obtain the views of those consulted." EIA Regulations, sec. 10(b)	The project proponent shall "hold meetings with the affected community in order to present information on the project and obtain the views of those consulted." EIA Regulations, sec. 10(b). "Any person may attend a public hearing, either in person or through a representative, and make presentations: Provided that the person presiding at the public hearing shall have the right to disallow frivolous and vexatious presentations, which lead to the abuse of the process." EIA Regulations, sec. 19(1).		"Any person wishing to make a comment on any copy of an environmental impact statement shall send comments to the Council, within twenty days from the date of the last notification" EIA Regulations, sec. 16(3)	"In making a decision regarding an environmental impact statement under these Regulations, the Council shall take into account: . . . (b) the comments made under regulations 15 and 16." EIA Regulations, sec. (20(1)(b).	"The public hearing shall be conducted at a venue which hall be convenient and accessible to those persons who are likely to be specifically affected by the project." EIA Regulations, sec. 24(3). The project proponent shall "publicise the intended project, its effects and benefits, in the mass media, in a language understood by the community. . . ." EIA Regulations, sec. 10(2)(a).	"If any party is aggrieved by the decision of the Council, that party may, in writing, appeal to the Minister against the decision of the Council within a period of ten days after receipt of the decision letter from the Council." EIA Regulations, sec. 24(1).	"If the aggrieved party is not content with a decision of the Minister, he may appeal to the High Court." EIA Regulations, Sec. 24(3).	"Subject to sub-regulation 3, the development shall undertake an environmental audit of the project within a period of not less than twelve months and not more than thirty six months after the completion of the project or the commencement of its operations, whichever is earlier." EIA Regulations, sec. 28(2).

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