EIA Law Matrix

EIA Law: Environmental Protection and Preservation Act of Maldives (Act 4/93)

EIA Regulations: Regulation on the Preparation of Environmental Impact Assessment Report 2012

EIA Guidelines or Other Guidance: EIA Data Collection Guidelines

Projects Requiring EIA: Government projects, Private projects

Abridged Assessments: Yes

Abridged Assessments Detail: 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).

Best Practices in Lieu of EIA: No

Who Conducts Screening: Government

Who Conducts Screening Detail: 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.

Criteria for Screening: List or appendix of project or activity types, Proposed project or activity may cause significant environmental impact

Criteria for Screening Detail: 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).

Who Prepares EIA: Project Proponent (with or without contractor)

Who Prepares EIA Detail: Regulation, sec. 12(e).

Who Pays for EIA: Project Proponents

Who Pays for EIA Detail: "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).

EIA Contractor Qualifications: Yes

EIA Contractor Qualifications Detail: 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).

Conflict of Interest: Yes

Terms of Reference: Yes

Terms of Reference Detail: "[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).

Days for Decision Maker Review: 28 days

Automatic Approval: No

Written Decision: Yes

Written Decision Detail: "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).

Authority to Impose Conditions: Yes

Authority to Impose Conditions Detail: 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).

Expiry of Decision: 1 year

Expiry of Decision Detail: "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).

Financial Assurances or Bond: No

Interdisciplinary Team: No

Range of Alternatives: Yes

Range of Alternatives Detail: "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).

No Action Alternative: Yes

No Action Alternative Detail: "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).

Type(s) of Impact Analysis: Direct environmental impacts, Cumulative environmental impacts, Social impacts, Cultural impacts, Health impacts, Economic impacts

Mitigation: Yes

Mitigation Detail: Regulation, Schedule E(1).

Monitoring Plans: Yes

Monitoring Plans Detail: "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).

Public Notice of Draft EIA: N/A

Draft EIA Available: No

Draft EIA Locations: Not available

Public Notice of Final EIA: N/A

Final EIA Available: Yes

Final EIA Available Detail: EIA reports are only published on the Ministry's website. Regulation, sec. 7(d).

Final EIA Locations: Internet

Fee to View EIA Documents: No

Availability of Reference Studies: No

Availability of Reference Studies Detail: This information could be sought under the access to information law for Maldives.

Public Notice of Final Decision: Yes

Public Notice of Final Decision Detail: Yes

Public Scopingtigation: No

Public Scoping Detail: Members of the public are not involved in scoping. The Ministry may invite representatives from other relevant authorities. Regulation, sec. 11(b).

Public Review of TOR: Yes

Public Participation Opportunities: Public Meetings and/or public hearings, Review of final EIA

Public Meetings: Sometimes

Public Meetings Detail: "[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).

Public Input at Meeting: No

Public Input at Meeting Detail: 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.

Criteria to Hold Public Meeting: Ministry or agency has discretion to decide whether to hold a meeting and/or hearing

Public Comments on Draft EIA: No

Public Comments on Final EIA: 10 days

Public Comments on Final EIA Detail: "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).

Response to Public Comments: Yes

Response to Public Comments Detail: "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)

Facilitation of Public Participation: No

Citizen Administrative Review: No

Citizen Judicial Review: Yes

Citizen Judicial Review Detail: "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.

Project Monitoring: Yes

Project Monitoring Detail: 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.

Enforceability of EIA: No

Enforceability of Permit: No

Enforceability of Permit Detail: There are no provisions in the EIA Regulation allowing citizens or NGOs to enforce the terms and conditions of an Environmental Decision Statement.