Prof. Doutora Maria do Rosário Partidário

Introdução / Introduction"Evolução da AIA / EIA evolution "

Princípios internacionais / International principles!"

Mestrado em Engenharia do Ambiente "Master on Environmental Engineering"Impactos Ambientais / Environmental Impacts 5/9!

Problem/project based learning

Problem/project based learning

Problem structuring

Issues mapping

Mind mapping Spider diagrams

Problem structuring vs problem solving

Problem solving methods assume that, even if the problem is complicated, analysis can allow it to be understood objectively, and there is a correct or optimal solution to it. Problem structuring methods start from the assumption that there may be multiple perspectives on what the problem is. What counts as an effective solution or an improvement depends on the framing used in an analysis and the values that inform that framing With problem structuring methods it is not possible to talk about ‘optimal solutions’ in the manner that is common in the OR problem solving literature

Wicked problems / questions

Complex issues characterised by ‘‘multiple actors, differing perspectives, partially conflicting interests, significant intangibles, [and] perplexing uncertainties’ Wicked question try to find a way to meet opposite objectives: How can we get X if we are still doing Y? PSM useful in these cases

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Programme

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Bibliography

Environment (UNEP, 1973)

•  Everything that surrounds the human being, including: –  natural elements as well as physical and biological; –  artificial elements represented by tecno-structures; –  social elements; –  and the interaction of all these elements.

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Environment (Lei nº 19/2014, 14th April, Portuguese Environmental Policy Act (Lei de Bases do Ambiente) Natural and Human environmental components. Natural components: air, water, the sea, biodiversity, soil and subsoil, landscape, ecosystems goods and services. Human behaviour components: climate change, waste, noise and chemical products.

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Environmental policy and management principles

Sustainable development principle Inter and intragenerational responsibility Prevention and precautionary principle Polluters pay principle User pays principle Responsibility Recuperation Subsidiary principle Cradle to grave principle

Environmental management instruments Environmental impact assessment Life Cycle Assessment Environmental Management Systems Integrated Pollution and Prevention Control Hazardeous Accidents Prevention and Control Environmental Liability Eco-Design Eco-Marketing Legal and Regulatory Instruments Economic and Fiscal Instruments etc.

EIA - Environmental Impact Assessment SEA - Strategic Environmental Assessment HIA - Health impact assessment, SIA - Social impact assessment, Cumulative effects assessment, Risk assessment, Technological Impact Assessment .....

IMPACT ASSESSMENT - Large Family of tools

www.iaia.org

Impact Assessment (IA) simply defined is the process of identifying the future consequences of a current of proposed action. "The impact is the difference between what would happen with the action and what would happen without it

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Origin of EIA

It is a national environmental policy, adopted in 1969 that identifies EIA as an instrument. Identifies mandatory actions on which it is necessary to do environmental impact studies “before recommendations on legislative proposals and before initiating any other major federal actions that may significantly affect the quality of the environment” Establishes the Council on Environmental Quality responsible for the guidelines on EIA procedures

Bibliography

WHAT IS ENVIRONMENTAL IMPACT ASSESSMENT?

! IAIA, 1999, Principles of good practice in impact assessment The process of identifying, predicting, evaluating and mitigating the biophysical, social, and other relevant effects of development proposals prior to major decisions being taken and commitments made. (www.iaia.org)

Objectives of EIA

•  To ensure that environmental considerations are explicitely addressed and incorporated into the development decision making process;

•  To anticipate and avoid, minimize or offset the adverse significant biophysical, social and other relevant effects of development proposals;

•  To protect the productivity and capacity of natural systems and the ecological processes which maintain their functions; and

•  To promote development that is sustainable and optimizes resources use and management opportunities.

(IAIA, 1999)

And also.....

•  To provide decision-makers with information on the significant environmental implications of certain proposals;

•  To suggest modifications to the actions, that will lead to the elimination of potential adverse impacts and enhancement of positive impacts;

•  To suggest the minimizations measures of potential unavoidable impacts;

BEFORE DECISION IS TAKEN

EIA Evolution

EIA in the sustainability context Integrated assessment Sustainability paradigm Process and procedural reconception Social dimension is incorporated Methodological development

Pre-EIA

1970

1975

1980

1985

1990

1995

Currently

Pre-EIA Projects assessed based on cost-benefit analysis and engineering feasibility studies

EIA Started with NEPA (National Environmental Policy Act, 1969-70) and became the most powerful environmental policy instrument

EIA in the International Conventions

EIA globally endorsed in 1992 and at WSSD in 2002 “Environmental impact assessment, as a national instrument, shall

be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority.”

Rio Earth Summit, 1992 •  Rio Declaration (1992) Principle 17 and 19 (Transboundary

impacts) •  Biodiversity Convention (CBD) (1992) Art. 14 •  Espoo Convention (Transboundary impacts) (1997) •  Aarhus Convention (1991) Access to information, participation

and environmental justice EIA is now a formal process in over 100 countries around the

world.

Aarhus Convention and

European Directive 2003/4/EC of 28 January 2003 http://www.unece.org/environmental-policy/

treaties/public-participation/aarhus-convention.html

Access to information, Public participation in environmental decision-

making and Access to justice in environmental matters

European Directive 2004/35/EC of 21 April 2004 - environmental liability

UNECE Convention on EIA in a Transboundary Context (Espoo

Convention) http://www.unece.org/env/eia/

Adopted in 1991, entered into force in 1997 Environmental threats do not respect national borders.

Governments have realized that to avert this danger they must notify and consult each other on all major projects under consideration that might have adverse environmental impact across borders.

The Convention has now 30 signatories and 45 parties (with ratification, acceptance, approval and accession)

The Espoo Convention is a key step to bringing together all stakeholders to prevent environmental damage before it occurs.

Examples: •  Pipeline between Italy and Croatia (March 2004,

http://www.unece.org/env/eia/pubs/factsheet2.html) •  Nuclear power plants in Finland (March 2009,

http://www.unece.org/env/eia/pubs/factsheet5.html)

EIA

Environmental policy instrument

Inform and support private and public decision-making

Administrative procedure subject to public scrutinity

EIA - Two meanings / two roles

Environmental Impact Assessment (EIA)

•  As a process, it is the set of requirements, stages and phases of a preventive enviornmental analysis

•  As a system, it is the form of organizing and managing a process

Added-value"

Bureaucratic processes

Why doing EIA?

•  To reduce environmental risks •  To apply preventive policies •  To reduce corrective actions and repairness •  To improve project design •  To avoid unnecessary costs •  To ensure better social and environmental equity •  For ethical reasons

Benefits of EIA

•  Preventively avoid proposals that do not have environmental quality

•  Identify and optimize favourable environmental issues •  Identify and implement cost-effective environmental

alternatives •  Identify and engage affected and interested stakeholders •  Identify more efficient and equitative decisions •  Adequately integrate economic, environmental and social

issues

Greatest benefit: a successful decision

Consequences of not doing EIA

•  Inadequate decisions •  Missing commitment to interetsed stakeholders •  Delay in decisions •  Political losses and bad institutional

relationships •  Financial losses •  Decision failure and affected image

EIA Best Practice Principles, IAIA, 1999

Purposive Rigorous Practical Relevant Cost-effective Efficient Focused Adaptive

Participative Interdisciplinary Credible Integrated Transparent Systematic

IAIAIAIA . . . . . . . . . . . . . Pierre SenécalBernice Goldsmith

Shirley ConoverIAIA’97 Workshop Partic ipantsIAIA’98 Workshop Partic ipants

IEAIEA . . . . . . . . . Barry Sad lerKaren Brown

INTERNATI O NAL ASS O C IATI O N F OR IMPACT ASSESSMENTINTERNATI O NAL ASS O C IATI O N F OR IMPACT ASSESSMENTin cooperation with

INSTITUTE O F ENVIRO NMENTAL ASS ESSMENT, UKINSTITUTE O F ENVIRO NMENTAL ASS ESSMENT, UK

PRINCIPLES OFPRINCIPLES OFENVIRONMENTALENVIRONMENTALIMPACTIMPACTASSESSMENTASSESSMENTBEST PRACTICEBEST PRACTICE

IAIA Internationa l Headquarters, 1330 23rd Street South, Suite C . Fargo, ND 58103 USA. + 1 701.297.7908. Fax + 1 701.297.7917. info @ ia ia .org www.ia ia .org

Institute of Environmental Assessment, We lton House , Limekiln Way, Lincoln, LINCS LN24US, UK. + 44.1522.540069. Fax + 44 1522.540090.ieauk @ d ia l.p ipex.com.www.greenchanne l.com/iea/

BACK GROUNDBACK GROUND

At IAIA’96 in Estoril, Portugal, a special session washeld on “The Environmental Impact Assessment (EIA)G lobal Guidelines Project.” The session discussedthe need for principles of, and guidance on, impactassessment in response to an emerging interest ininternational standards.

Participants at the Estoril session recommended thatIAIA should develop principles of “best practice” forenvironmental impact assessment, recognizing that asimilar process had been followed successfully forsocial impact assessment. This initiative wasundertaken in collaboration with the Institute ofEnvironmental Assessment, UK.

INTRO DUCTI O NINTRO DUCTI O N

This IAIA Principles of EIA Best Practice document isorganized in two main parts:

Part 1Part 1

describes the purposes, aims, and approachused to develop the Principles; and

Part 2Part 2 presents the definition of EIA, its objectives, andthe Principles of EIA Best Practice.

www.iaia.org

SIR and IPPC/PCHA

•  In Portugal –  IPPC (Integrated Prevention Pollution Control –

DL127/2013) –  HAPC (Hazardeous Accidents Prevention and Control)

DL 274/2007, modified by DL 42/2014) Is undertaken in the context of the SIR (responsible

industrial system (DL 169/2012)

SIR applies to industrial activities (referred to in annex I). SIR classifies industrial in 3 types, a function of its potential risk considering its exploration, for human health and for the environment : Type 1 – industrial projects which fall under one od the following regimes RJAIA (environmental impact assessment), RJPCIP (Integrated Prevention Pollution Control ) e RPAG (Hazardeous Accidents Prevention and Control))

SIR

Type 2 – industrial establishments not included in type 1 but covered by at least one of the regimes previously mentioned and under the following circunstances: a) Eletric power equal or above 99 kVA; B Thermical power above 12 × 106 kJ/h; c) number of employees above 20; d) Need for TEGEE (emission of GEE allowance) e) Need to get permission or opinion for waste management Type 3 – not covered by Types 1 and 2

SIR

Environmental liability (Responsabilidade ambiental)

(http://ec.europa.eu/environment/legal/liability/index.htm) Directive 2004/35/EC of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (ELD) Establishes a framework based on the "polluter pays" principle, according to which the polluter pays when environmental damage occurs. The ELD deals with the "pure ecological damage", it is based on the powers and duties of public authorities ("administrative approach"), distinct from a civil liability system which is more appropriate for "traditional damage" (damage to property, economic loss, personal injury).

Environmental liability (http://ec.europa.eu/environment/legal/liability/index.htm)

The transposition of ELD was completed by the last Member State by July 2010.

Environmental damage is defined as damage to protected species and habitats (nature), damage to water and damage to soil. The liable party is the natural or legal person who carries out an occupational activity.

Environmental liability

In Portugal Decree-Law n.º 147/2008, 29 July, modified by DL 245/2009, DL 29-A/2011, and DL n.º 60/2012 transposes the Environmental Liability Directive (Diploma da Responsabilidade Ambiental) http://www.apambiente.pt/Instrumentos/ResponsabilidadeAmbiental/Paginas/default.aspx