EIA: changing expectations, purpose and approach

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Transcript of EIA: changing expectations, purpose and approach

Lam Kin Che 林健枝 Director, Institute of Environment, Energy and Sustainability

Professor, Department of Geography & Resource Management

The Chinese University of Hong Kong

Environmental Protection in Hong Kong: Past and Future

Hong Kong EPD 25 Anniversary Public Seminar

27 October 2011

EIA: changing expectations,

purpose and approach

Themes of IAIA Conference in

last decade

• 2012: Energy Future

• 2011: Impact Assessment and Responsible Development for Infrastructure,

Business and Industry

• 2010: Transitioning to the Green Economy

• 2009: Impact Assessment and Human Well-Being

• 2008: The Art and Science of Impact Assessment

• 2007: Growth, Conservation and Responsibility

• 2006: Power, Poverty and Sustainability

• 2005: "Integrity is your destiny"

• 2004: Impact Assessment for Industrial Development—Whose business is it?

• 2003: Building Capacity for Impact Assessment

• 2002: Assessing the Impact of Impact Assessment

Themes of IAIA Conference in

last decade

• 2012: Energy Future

• 2011: Impact Assessment and Responsible Development for Infrastructure,

Business and Industry

• 2010: Transitioning to the Green Economy

• 2009: Impact Assessment and Human Well-Being

• 2008: The Art and Science of Impact Assessment

• 2007: Growth, Conservation and Responsibility

• 2006: Power, Poverty and Sustainability

• 2005: "Integrity is your destiny"

• 2004: Impact Assessment for Industrial Development—Whose business is it?

• 2003: Building Capacity for Impact Assessment

• 2002: Assessing the Impact of Impact Assessment

Themes of IAIA Conference in

last decade

• 2012: Energy Future

• 2011: Impact Assessment and Responsible Development for Infrastructure,

Business and Industry

• 2010: Transitioning to the Green Economy

• 2009: Impact Assessment and Human Well-Being

• 2008: The Art and Science of Impact Assessment

• 2007: Growth, Conservation and Responsibility

• 2006: Power, Poverty and Sustainability

• 2005: "Integrity is your destiny"

• 2004: Impact Assessment for Industrial Development—Whose business is it?

• 2003: Building Capacity for Impact Assessment

• 2002: Assessing the Impact of Impact Assessment

Themes of IAIA Conference in

last decade

• 2012: Energy Future

• 2011: Impact Assessment and Responsible Development for Infrastructure,

Business and Industry

• 2010: Transitioning to the Green Economy

• 2009: Impact Assessment and Human Well-Being

• 2008: The Art and Science of Impact Assessment

• 2007: Growth, Conservation and Responsibility

• 2006: Power, Poverty and Sustainability

• 2005: "Integrity is your destiny"

• 2004: Impact Assessment for Industrial Development—Whose business is it?

• 2003: Building Capacity for Impact Assessment

• 2002: Assessing the Impact of Impact Assessment

Environmental assessment has come

a long way in past four decades

• Project refinement (environmental

protection)

• Project justification

• Public engagement

• Public ―participation‖ (in decision

making)

Environmental assessment is often

characterized by conflict and

controversy… this is an inevitable

consequence

纷争在环评过程中是常见的

…也是难以避免的

Sadler and Armour, 1987

Opposition to the Express Rail

Source: Oriental Daily 27.07.2010

Opposition to Landfill Extension

by TKO Residents

蘋果日報

EIA of Hong Kong Zhuhai Macau Bridge

Being Challenged

明報

Can we make some sense of

these events?

Challenges Ahead

“ The coming years will be a narrative of

tension, a series of conflicts with difficult

choice between the imperative of present

and those of tomorrow. How we resolve

this tension will be the measure of our

vision and leadership.”

Ban Ki-moon UN Sec General, 6 Jan 2009

Sites/

Routes

Impact

Minimization

Alternative

Evaluation

Optimization

Plans

Technical

Justification

Design/Plan

Modification

“Yes-No” Decision

Projects

EA Moving Upstream

Sustainability

Conflict Resolution

Development Scenarios

Evaluations

Development Strategy

Consensus

Building

Need /

Alternatives

Planning

Social Economic

Evaluation

Policies

Public Consultation

Two Directions of EA Development

Refinement of the EA tools

Ch

an

gin

g S

co

pe

• Legal framework

• Assessment methodology

• Cumulative impact

• EIA follow up

• EIA review

• Regional EIA

• SEA

Problems

Limitations

Evolution the EIA process over time

Tools

Method

EIA SEA

HOW?

WHERE?

WHAT?

WHY?

Cumulative

Impact

Legal

Framework

Rationality

Problems

Limitations

Monitoring

EIA follow up

Socio-economic

Regional EA

Scenario

Evaluation

Policy alignment

Capacity analysis

Scope

Institution

Strategy

Purpose of EIA/SEA

• How? (In what form, design and sequence

should development be carried out?)

• Where? (Where should the proposed

development go?)

• What? (How can the need be met?)

• Why? (Is there a need? Is it really good for

the society?)

Source: Rob Verheem

Strategic Thinking: Space occupied by

same number of people in cars, in a bus,

and on bicycles

Demonstration on main street of Muenster how much space cars take compared

to buses or bikes to transport the same number of people

After Pucher

Two Dimensions of Change

EIA SEA

Assessment-based

Strategy-based

SEA

How

Where

What

Why

Value-laden

Discourse

Rationalization

Tip of Iceberg Problem

All

Development

Activities

Tip of Iceberg Problem

Plan, Pgm, Pol’cy

Strategy

All Activities

Two Directions of EA Development

Refinement of the EIA tools

SE

A T

oo

ls &

Ap

pro

ach

es

• Regional EA

• Scenario evaluation

• Institution analysis

• Underscoring ―strategic‖ thinking

• EIA review

• Lacking – conflict resolution & consensus

building

SEA is NOT

SEA should be

Reason

Law Humanity

法 理 情

Key Elements of Environmental Discourse

Different Perspectives of EIA: Between

the proponent and the public

Project Planning Public Concerns

EIA EIA

Looking for Something at Night

Reason

Law Humanity

法 理 情

Key Elements of Environmental Discourse

EIA Ordinance

―An Ordinance to provide

for assessing the impact on

the environment of certain

projects and proposals, for

protecting the environment

and for incidental matters‖

Reason

Law Humanity

法 理 情

Key Elements of Environmental Discourse

Reason

• Reasoning

– Scientific

– Optimality

– Sustainability

• Reasonable

– Environmental justice

– Social justice

Searching for a waste disposal site with

marine access in HK – “Rational ” Site

Selection Process

Composite Constraints Map

ERM

Incompatible Areas

ERM

Reason

• Reasoning

– Scientific

– Optimality

– Sustainability

• Reasonableness

– Procedural justice

– Environmental justice

– Social justice

Debate on standalone

baseline analysis

Reason

• Reasoning

– Scientific

– Optimality

– Sustainability

• Reasonable

– Procedural justie

– Environmental justice

– Social justice

Opposition to the Express Rail

What are they against?

明報

Reason

Law Humanity

法 理 情

Key Elements of Environmental Discourse

Humanistic Considerations

• Risk perception

• Trust

• Benefit sharing

How is risk perceived by

experts and the lay public?

Based on risk

level accepted

as just tolerable

in UK for Canvey

DG complex

1.E-09

1.E-08

1.E-07

1.E-06

1.E-05

1.E-04

1.E-03

1.E-02

1 10 100 1000 10000

No. of Fatalities (N)

Fre

quency (

F)

of

Accid

ents

with N

or

More

Fata

litie

s p

er

Year

.

All Events

Marine Events Only

Jetty Events Only

All Tank Farm Events

Instantaneous Tank Wall Failures Only

Pipeline Events Only

UNACCEPTABLE

ALARP

ACCEPTABLE

•Overall, the probability of a hazard to

life posed by PAFF is extremely low

•100% tank scenario risks are

extremely low

•Jet A-1 does not produce flammable

vapour and is difficult to ignite

• PAFF has extensive safety features,

approved by FSD including spill

containment

•Acceptable to be located with industrial

/ residential developments, even next

to high temperature works, like furnace

My Friend, would you like to hear the

odds of that occurring again?

Humanistic Considerations

• Risk perception

• Trust

• Benefit sharing

Public trust in the stakeholders involved in NIMBY

facilities planning

% “Trust and Trust A Lot"

Tuen Mun Tseung Kwan O

NGO 61.71 62.90

Professional B 51.87 52.68

Legislature 29.92 28.71

Government 27.80 32.00

District Council 27.39 29.08

Political Party 12.64 12.65

Enterprises 9.84 9.73

1st

2nd

3rd

Centre of Environmental Policy and Resource Management, CUHK, Survey of 750, 2008

EIA Studies

Planning Studies

Optimization,

CBA, MCA…

Role of Experts

Report

The experts as seen by some

Humanistic Considerations

• Risk perception

• Trust

• Benefit sharing

Sai Wan

Strong Opposition from Public

Source: SCMP

Source: SCMP

Sai Kung

62

Payment for Ecological Services /

Benefit Sharing

Ecological

Services

Beneficiaries /

compensation

Problem

Identified

Solution Space over Time

Planning Design Public

Exhibition Stage Concept

Solution

space

Level of

Attention

Problem

Identified

Source: Elvis Au

When to apply humanistic measures?

Planning Design Public

Exhibition Stage Concept

Solution

space

Level of

Attention

Problem

Identified

難度

Level of

Attention

Solution

space

Solution Space over Time to Negotiate

Planning Design Public

Exhibition Stage Concept

Problem

Identified

Threshold

Should social economic

impacts be incorporated in

the EIA process?

Question reframed: how socio-economic

impacts be considered in project planning?

• EIA?

• Planning process?

• Strategic planning?

• Is environment a requirement to

be met, or something to be traded

off?

Reason

Law Humanity

法 理 情

Nature of the three dimensions

LAW

SCIENCE

SUSTAINABILITY

JUSTICE

HUMANISTIC

CONSIDERATIONS

Do’s & Don’ts

True / False?

Sustainable?

Right / wrong?

You & I

Individual & Society

Teeth,

Insensitive Change

Scientific debate

cannot resolve

value-laden issues

Motivation

Incentive to change

Source: SCMP

Source: SCMP

Today’s Takeaway

EIA is not the only Tool

Other Tools of

Environmental

Management

EIA

Environmental Impact Assessment

• Purpose / public aspiration has changed

over time

• EIA is largely rational / technocratic

• Rationality alone can no longer address

all types of concern

• Increasing conflicts which cannot be

resolved merely by scientific discourse

• Need to address sustainability, justice

and humanistic considerations in or

outside the EIA system

“Environmental management is not the

management of the environment per se;

but rather management of aspirations,

complexity, uncertainty and conflicts.”

Bruce Mitchell

Just established.

Watch out for our

activities!

Aspire to Inspire….Before You Expire

林健枝 HonFCIWEM, FHKIEIA, MHKIOA, SBS, JP

Email: kinchelam@cuhk.edu.hk

Tip of Iceberg Problem

All

Development

Activities

How to make best use of the

environment?

• Does it comply with the environmental standard?

• Does it safeguard the prudent use of environment?

Baseline

Induced Impact

based on stand

alone analysis

Baseline

Induced

Impact

冰山

Different Perspectives of EIA: Between the Government and the Public

Project Planning

EIA

Public Concerns

EIA

Project Appraisal

Consideration

EIA

Tips

• Link them up

Law

Evidence-based

People-centered

Policy making

Recognize

limitations

periodic reviews

Public

engagement

Beneficial

sharing

Humanity

Reason

Tips

• Use not just your hands, but also your

• Brain

• Heart

Poverty-Environmental-Degradation

Vicious Cycle

Shock

Ecological Damage

Poverty

Unsustainable Practices

Short &

Focused

Vision

Sustainable Development

Economy

Benefit

Environment

Earth

Social-Cultural

People

Here There

Now Future

Local Global

Source: Rob Verheem, 2000