Environmental Assessment in Nova

Scotiahttp://www.gov.ns.ca/nse/ea/

EA in Nova Scotia

Nova Scotia’s EA process is defined in the Environment Act and detailed in Environmental Assessment Regulations and Environmental Assessment Review Panel Regulations.

Environmental assessment (EA) is a planning and decision- making tool used world-wide to promote sustainable development.

EA Branch Responsibilities

The Environmental Assessment Branch is responsible for coordinating the EA Process

The Branch ensures that all stakeholders and the Mi’kmaq First Nation are provided an opportunity to comment on projects, and that a report and recommendations are provided to the Minister within time frames established in the regulations.

UndertakingsClass I undertakings(smaller scale):

– mines, quarries, some developments in wetlands, and waste dangerous goods facilities.

Class II undertakings (larger scale):

– solid waste incinerators, petrochemical facilities, and pulp and paper plants

Class I Undertakings A pit or quarry = 4 ha A facility that extracts or processes any of the

following: a) minerals b) coal d) peat moss e) gypsum f) limestone g) bituminous shale h) oil shale

Submit Project Documents

Registration

7 Days after Submission

Proof of Project Notice within7 days of Registration

Minister’s Decision1 of 5 Below

Focus Report

Required

Environmental

Assessment

Report

Undertaking

Rejected

Undertaking

Approved

Additional

Information

Required

50 days

Public Review Period

30 days

Class I Process

Basic Components of an EA A description of the project and its

processes A description of the existing environment

where the project will go (identify Valued Environmental Components “VECs”)

A prediction of effects of the project on the environment

Plans to avoid or “mitigate” effects on the environment

What gets considered in an EA? VECs such as……. Atmospheric environment Surface water and ground water Wildlife and habitat Wetlands Cultural and heritage resources Socioeconomic conditions

What gets considered in an EA?Adverse Effect means an effect that impairs or

damages the environment, including an adverse effect respecting the health of humans

Environmental Effect means, in respect of an undertaking,

(i) any change, whether negative or positive, that the undertaking may cause in the environment, including any effect on socio-economic conditions, on environmental health, physical and cultural heritage or on any structure, site or thing including those of historical, archaeological, paleontological or architectural significance, and

(ii) any change to the undertaking that may be caused by the environment, whether the change occurs inside or outside the Province;

What gets considered in an EA?

Significance means, with respect to an environmental effect, an adverse effect that occurs or could occur as a result of any of the following:

(i) the magnitude of the effect,(ii) the geographic extent of the effect,(iii) the duration of the effect,(iv) the frequency of the effect,(v) the degree of reversibility of the effect, and(vi) the possibility of occurrence of the effect.

Who Reviews the EA? The EA Branch ( or the panel when referred) The public, and stakeholder groups Kwilmu'kw Maw-klusuaqn Negotiation Office Provincial and Federal agencies including:

NSE, NSDNR, NSTIR, Energy, SNSMR, ERDT, CCH, H&W, OAA

EC, NRCAN, CEAA, DFO, TC

One Window Process for Mining Developments

• The ‘One Window’ process provides a proponent an opportunity to meet with government stakeholders during the project planning stage to discuss the undertaking and determine what government departments require from the proponent, including other approvals.

• Proponents will be expected to meet with the One Window Committee prior to registering for environmental assessment.

Minister’s Decision Factors

Location of the undertaking / sensitivity of surroundings

Concerns expressed by public and aboriginal people and steps taken to address those concerns

Whether environmental baseline information is sufficient to predict environmental effects

Potential adverse or environmental effects*

Minister’s Decision Factors

Project schedules Planned/existing land use or other

undertakings in the area Whether compliance with licenses,

certificates, permits, approvals required by law will mitigate the environmental effects

Such other information as the minister may require.

Post EA Approval

Projects or undertakings are approved with conditions.

These conditions are enforced by NSE regional offices

Can include monitoring, requirements for an Environmental Protection Plan, Community Liaison Committees and setbacks from natural and cultural features.

Industrial Approvals for operation may also be required

Federal-Provincial Harmonized Environmental

Assessment Should an undertaking also require an

environmental assessment under federal or another provincial jurisdiction, the Minister may enter into an agreement for the purpose of carrying out the environmental assessment in whole or in part.