"Initial Environment Examination (IEE) is a data examination, exploration and analysis to anticipate possible minor environmental impacts, while identifying appropriate methods and measures to prevent, avoid or mitigate environmental impacts from investment projects or activities including considerations of climate change" Environmental Protection Law, Art. 22; see also Decree on EIA, Arts. 3, 9, 10
Best Practices in Lieu of EIA:
Who Conducts Screening Detail:
"The Water Resources and Environment Administration, in coordination with the concerned agencies, shall screen the investment project . . . ." Decree on EIA, Art. 6
Criteria for Screening:
List or appendix of project or activity types
Proposed project or activity may cause significant environmental impact
Possible impact to, or adjacent to, a protected area
Criteria for Screening Detail:
Who Prepares EIA:
Project Proponent (with or without contractor)
Who Prepares EIA Detail:
The project developer is responsible for accuracy of the data and information contained in its EIA, as well as all costs to prepare the EIA. Decree on EIA, Art. 4(5).
Who Pays for EIA Detail:
"A project developer must be liable for . . . [e]very expense incurred in the process of preparing and reviewing of a report on initial environmental examination, including preventive and mitigation measures on environmental and social impacts or a report on environmental impact assessment, an environmental management and monitoring plan, a social management and monitoring plan, as well as implementing and overseeing the implementation of measures to prevent and minimise the environmental and social impacts, or an environmental management and monitoring plan, and a social management and monitoring plan . . . ." Decree on EIA, Arts. 4(5); 20
EIA Contractor Qualifications:
EIA Contractor Qualification Detail:
"An initial environmental examination or an environmental impact assessment must be conducted only by a Consultant Firm or by a Consultant who is registered at the Water Resources and Environment Administration." Decree on EIA, Art. 4(2), Art. 4(4) (registration requirements)
Conflict of Interest Detail:
Although there are no provisions directed specifically at consultants, there are measures to indirectly prevent corruption. The project developer is liable for "the accuracy of the data and information contained in its report." Decree on EIA, Art. 4(5). Government officials are prohibited from "producing or using counterfeit dossiers" and receiving bribes from investment project or environmental activity owners. Environmental Protection Law, Art. 69.
Terms of Reference Detail:
"A project developer shall determine the scope of study and terms of reference (TOR) for the environmental impact assessment and submit it to the Water Resources and Environment Administration to consider and approve before conducting any assessment." Decree on EIA, Art. 11
Days for Decision Maker Review:
Automatic Approval Detail:
"The Water Resources and Environment Administration to re-review the finalised report on the environmental impact assessment, the finalised environmental management and monitoring plan, the finalised social management and monitoring plan and then send the finalised environmental management and monitoring plan and the finalised social management and monitoring plan to the local administration to consider and approve within 15 working days, before issuing the environmental compliance certificate. . . . ." Decree on EIA, Art. 15.
Written Decision Detail:
The Water Resources and Environment Administration must "consider and issue environmental compliance certificate to approve the reports and plans." Decree on EIA, Art. 12
Expiry of Decision Detail:
If the investment project does not start to operate within 2 years, from the date of the environmental compliance certificate, the certificate will be automatically expired and cannot be used. Decree on EIA Law, Art. 18
Financial Assurances or Bond:
Financial Assurances Detail:
"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.