scholarly journals Wpływ protestu społeczności lokalnej na rozstrzygnięcie decyzji o środowiskowych uwarunkowaniach

2020 ◽  
pp. 11-24
Author(s):  
Justyna Goździewicz-Biechońska
Keyword(s):  
Environmental Impact ◽  
Public Participation ◽  
Environmental Conditions ◽  
Local Community ◽  
Planning Model ◽  
Rational Model ◽  
The Public ◽  
Environmental Impact Assessments ◽  
Rational Planning ◽  
The Impact

The paper aims to determine the significance and legal effects of a local community protest expressed as part of public participation in an individual environmental impact assessment. More specifically, it is to determine the impact of such a protest on the decision on environmental conditions, and in particular whether the protest may constitute a basis for refusing to issue such a decision. In the conclusions, the author indicates that the protest expressed as part of the public participation in the proceedings concerning the issuance of a decision on environmental conditions cannot constitute a sufficient basis for a negative decision. Based on the rational planning model, it is also argued that the concept of public participation in environmental proceedings as defined by law is still deeply rooted in the rational model of environmental impact assessments. As a consequence, it determines the actual limits of public participation in these matters.

Public Participation in Environmental Impact Assessments Between Spain and Portugal

2015 ◽  
Vol 17 (02) ◽  
pp. 1550022 ◽  
Author(s):  
Fernando Vicente ◽  
Teresa Fidélis ◽  
Gonzalo Méndez
Keyword(s):  
Environmental Impact ◽  
Public Participation ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Public Involvement ◽  
Considerable Increase ◽  
Significant Development ◽  
The Public ◽  
Environmental Impact Assessments ◽  
The Impact

Since 2000, the Transboundary Environmental Impact Assessment (TEIA) process in the Iberian context has undergone significant development due to new circumstances that came into play at the bilateral and European levels: (i) the adoption of a collaborative TEIA Protocol between Spain and Portugal in 2008; and (ii) the increasing number of cross-border projects supported by European Union funds. Despite these developments, the impact of this bilateral regulation on public participation, the cornerstone of any Environmental Impact Assessment (EIA), has not yet been fully examined. Drawing from specific literature focusing on the involvement of the public as the basis of effective improvement of the TEIA, this paper critically analyses if the lates transboundary provision has encouraged public participation in this context. Although the analysis of the TEIA enforcement revealed a considerable increase in the number of consultations between the neighbouring states compared to the previous situation, public involvement has not increased. Based on these findings, this paper presents a set of recommendations to more effectively involve the public in transboundary consultations.

RECONCILIATION ON THE DECISION ON ENVIRONMENTAL CONDITIONS

2021 ◽  
Vol 1 (XXI) ◽  
pp. 85-96
Author(s):  
Grzegorz Dobrowolski
Keyword(s):  
Environmental Impact ◽  
Public Participation ◽  
Environmental Protection ◽  
Environmental Conditions ◽  
Point Of View ◽  
Practical Point ◽  
Administrative Procedure ◽  
Environmental Impact Assessments ◽  
The Subject ◽  
Detailed Interpretation

The subject of this article is the analysis and detailed interpretation of the provisions of the Act of 3 October 2008 on the provision of information about the environment and its protection, public participation in environmental protection and environmental impact assessments (Journal of Laws of 2020, item 283) concerning reconcilation decisions on environmental conditions. The issues discussed in the article are important both from the theoretical and practical point of view. It refers to the continuous development of a specific administrative procedure, which is the “procedure in environmental matters”. The practice of applying the above-mentioned provisions is also important. Environmental impact assessments play a key role in the investment proces.

ASSESSING ENVIRONMENTAL IMPACTS DURING NATURAL DISASTER: THE DEVELOPMENT OF A RAPID ENVIRONMENTAL ASSESSMENT METHODOLOGY

2002 ◽  
Vol 04 (04) ◽  
pp. 475-492 ◽  
Author(s):  
CHARLES KELLY
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Environmental Conditions ◽  
Environmental Damage ◽  
Assessment Procedure ◽  
Disaster Victims ◽  
Wide Range ◽  
Negative Impacts ◽  
The Impact

The linkages between disaster and environmental damage are recognized as important to predicting, preventing and mitigating the impact of disasters. Environmental Impact Assessment (EIA) procedures are well developed for non-ndisaster situations. However, they are conceptually and operationally inappropriate for use in disaster conditions, particularly in the first 120 days after the disaster has begun. The paper provides a conceptual overview of the requirements for an environmental impact assessment procedure appropriate for disaster conditions. These requirements are captured in guidelines for a Rapid Environmental Impact Assessment (REA) for use in disasters. The REA guides the collection and assessment of a wide range of factors which can indicate: (1) the negative impacts of a disaster on the environment, (2) the impacts of environmental conditions on the magnitude of a disaster and, (3) the positive or negative impacts of relief efforts on environmental conditions. The REA also provides a foundation for recovery program EIAs, thus improving the overall post disaster recovery process. The REA is designed primarily for relief cadres, but is also expected to be usable as an assessment tool with disaster victims. The paper discusses the field testing of the REA under actual disaster conditions.

scholarly journals Beyond Public Particpation: The disjuncture between South Africa's Environmental Impact Assessment (EIA) Law and Sustainable Development

2017 ◽  
Vol 11 (3) ◽  
pp. 105
Author(s):  
T Murombo
Keyword(s):  
Sustainable Development ◽  
Environmental Impact ◽  
Public Participation ◽  
Impact Assessment ◽  
Environmental Impacts ◽  
Environmental Impact Assessment ◽  
Environmental Law ◽  
Development Planning ◽  
The Public ◽  
Legal Provisions

One of the key strategies for achieving sustainable development is the use of the process of evaluating the potential environmental impacts of development activities. The procedure of environmental impact assessment (EIA) implements the principle of integration which lies at the core of the concept of sustainable development by providing a process through which potential social, economic and environmental impacts of activities are scrutinised and planned for. Sustainable development may not be achieved without sustained and legally mandated efforts to ensure that development planning is participatory. The processes of public participation play a crucial role in ensuring the integration of the socio-economic impacts of a project into the environmental decision-making processes. Public participation is not the only process, nor does the process always ensure the achievement of sustainable development. Nevertheless, decisions that engage the public have the propensity to lead to sustainable development. The public participation provisions in South Africa’s EIA regulations promulgated under the National Environmental Management Act 107 of 1998 show a disjuncture between the idea of public participation and the notion of sustainable development. The provisions do not create a framework for informed participation and leave a wide discretion to environmental assessment practitioners (EAPs) regarding the form which participation should assume. In order for environmental law, specifically EIA laws, to be effective as tools to promote sustainable development the laws must, among other things, provide for effective public participation. The judiciary must also aid in the process by giving content to the legal provisions on public participation in the EIA process.

Enhancing E-Participation in Urban Planning Competitions

2022 ◽  
pp. 1238-1265
Author(s):  
Pilvi Nummi ◽  
Susa Eräranta ◽  
Maarit Kahila-Tani
Keyword(s):  
Urban Planning ◽  
Public Participation ◽  
Early Phase ◽  
Evaluation Process ◽  
Web Based ◽  
The Public ◽  
Innovative Solutions ◽  
Local Residents ◽  
Competition Process ◽  
The Impact

Planning competitions are used as a way to determine alternatives and promote innovative solutions in the early phase of urban planning. However, the traditional jury-based evaluation process is encountering significant opposition, as it does not consider the views of local residents. This chapter describes how web-based public participation tools are utilized in urban planning competitions to register public opinion alongside the expert view given by the jury. The research focus of this chapter is on studying how public participation can be arranged in competition processes, how the contestants use the information produced, and how it has been utilized in further planning of the area. Based on two Finnish case studies, this study indicates that web-based tools can augment public participation in the competition process. However, the results indicate that the impact of participation on selecting the winner is weak. Instead, in further planning of the area, the public opinions are valuable.

Political Parties and Public Participation in Constitution Making: Legitimation, Distraction, or Real Influence?

2020 ◽  
Author(s):  
Alexander Hudson
Keyword(s):  
South Africa ◽  
Political Parties ◽  
Public Participation ◽  
Participatory Methods ◽  
The Public ◽  
The Past ◽  
Party Strength ◽  
The Impact ◽  
Constitution Making

Over the past three decades, participatory methods of constitution making have gained increasing acceptance and are now an indispensable part of any constitution-making process. Despite this, we know little about how much public participation actually affects the constitution. This article investigates the impact of participation in two groundbreaking cases: Brazil (1988) and South Africa (1996). This analysis demonstrates that public participation has relatively small effects on the text, but that it varies in systematic ways. The theory advanced here posits that party strength (especially in terms of discipline and programmatic commitments) is the key determinant of the effectiveness of public participation. Strong parties may be more effective in many ways, but they are less likely to act on input from the public in constitution-making processes.

Introduction to the Environmental Impact Assessment System and Public Participation in the Russian Federation

2003 ◽  
Vol 05 (03) ◽  
pp. 321-338 ◽  
Author(s):  
Nicole Kovalev ◽  
Johann Koeppel
Keyword(s):  
Environmental Impact ◽  
Public Participation ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Russian Federation ◽  
The State ◽  
Assessment System ◽  
The Public ◽  
Independent Expert ◽  
The Russian Federation

The Environmental Impact Assessment (EIA) system in the Russian Federation has an extensive set of rules, the main ones are the Assessment of the Environmental Impact (OVOS) of a project and the State Environmental Review (SER). The SER is designed as an investigation of both a project and of its OVOS by an independent expert commission, which is appointed by the federal and regional environmental bodies. The decision of the commission is binding. In addition, a Public Environmental Review (PER) can be conducted by NGOs and recognised by the state. A mandatory component of the EIA in Russia is public participation. The process of public participation is regulated by Russian legislation (for example the Land Code, the OVOS guidelines and autonomous regional laws) and can take various forms. All these opportunities are established on paper; in reality, they are not always taken into account. There are a number of case studies used to observe the extent to which the public has an impact on environmental decision-making. Selected cases include examples in which the public was passive, in which it undertook limited activities, and in which participation was strong and projects were improved or stopped.

Study on the Nonradioactive Environmental Impact Assessments for Chinese Nuclear Power Plants

2013 ◽  
Author(s):  
Xinyu Wei ◽  
Hongbin Ma ◽  
Xiaowei Xiong ◽  
Duanjie Yang ◽  
Zhaorong Shang
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Nuclear Power ◽  
Power Plants ◽  
Nuclear Power Plants ◽  
Environment Impact ◽  
Environmental Impact Assessments ◽  
Environment Impact Assessment ◽  
The Social ◽  
The Impact

In China, the radioactive environmental impact assessment (EIA) for nuclear power plants (NPPs) had been carried out in detail due to the specific characteristic of radiation and the social universal attention. However, the nonradioactive environment impact assessment for NPP doesn’t get enough attention. This should be improved, since the operation of NPPs could cause some serious nonradioactive environment impacts. Based on the investigation of EIA for American NPPs, the following suggestions were put forward for Chinese EIA: (1) the laws and regulations in China need to be revised for the EIA of NPPs; (2) the statistics of chemicals or biocides used in the operation of NPPs and their discharged concentration need to be tested; (3) the impact assessments of nonradioactive gas emissions as well as hazardous wastes need to be carried out to meet the national requirements; and (4) the monitoring of nonradioactive waste also needs to be carried out for NPPs to obtain the basic data.

Sign in / Sign up

Export Citation Format

Share Document