Regional Training “ Environmental Assessments: from Project to Policy and from Natural Conservation to

Sustainable Development and A greener Economy”.

Gehan Mohamed El Sakka, NFP, MOE, Egypt Mohamed Abdallah Ali

Regency Palace Hotel, Jounieh, Lebanon April 15th – 18th , 2013

Introduction.

Legal Framework.

Categories Method & Classification system.

Basics of development

Reasons of modifications.

Procedures

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EIA is the systematic examination of the involuntary consequences that may arise from any developing project with the aim of minimizing the negative impacts and maximizing the positive impacts earlier before implementing the project.

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INTRODUCTION

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Articles (19-23), (70-73)

These articles include the procedures of Environmental Impact Assessment for establishments & projects:

1. The competent administrative authority (CAA) responsible for issuing licences sends the EIA study to EEAA to review & give opinion.

2. EEAA sends the feedback to the administrative authority within 60 days from the date of receiving the study.

3. The administrative authority sends the result to the project proponent .

4. The project Proponent has the right to appeal from EEAA assessment result within 30 days from the date of his notification.

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LEGAL FRAMEWORK

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In accordance with article no. (5) of law 4/1994, in order for EEAA to achieve its objectives:

EEAA shall set criteria and stipulations that projects & establishments proponents shall Committed by before the construction and within operation.

EEAA shall set principles & procedures of projects’ EIA.

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Legal framework for setting specific environmental stipulations:

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“The competent Administrative Authority (CAA) or the licensing authority shall undertake the responsibility of Environmental Impact Assessment for the establishment requiring license according to elements, designs, specifications and principles issued by EEAA in cooperation with CAA, at the same time EEAA shall review this “whenever this is deemed necessary”.

Article no. (10) of the executive regulation:

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The Executive Regulation of law 4/1994 relies in its definition of the establishments and projects subject to impacts assessments on the following main principles:

1. Type of activity undertaken. 2. Extent of natural resources exploitation. 3. Location of the establishment. 4. Type of energy used to operate.

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Legal Framework for follow up and inspection:

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Approved Rejected

Data requirement Proponent

Appeals Committee

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Competent Administrative

Authority

1 PROPONENT

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2 EEAA

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It is a flexible way for examination as projects are classified into three categories that require different environmental impact assessments based on the severity of possible impacts for each category on environment. This method relies on classifying projects into three categories as follows:

1. Projects of Category (A) with minimum environmental impacts.

2. Projects of Category (B) with potential adverse impacts.

3. Projects of Category (C) which have highly adverse impacts. These are required to prepare a full EIA study.

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List of Activities in Category (A)

List of Activities in Category (B)

List of Activities in Category (C)

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In 1996, EEAA issued EIA basics and procedures index which included lists of projects environmental categorization, divided into three categories according to articles no. (5), (19) of law and annex no. (2) of the executive regulation of law.

In 2002, lists of projects classification were developed by adding a number of professional & service activities which are not part of the projects subject to EIA.

Classification models (A) and (B) were developed based upon the acquired experience during the seven years. 14

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Within the framework of developing work system and improving performance and the services given to citizens, measures were taken to apply the international quality system, EEAA conducts the following:

1. Modifications on categorization lists and models (A) and (B) in addition to the guidelines of List (C) projects.

2. Granted the international quality certificate (ISO 2001, 9001) on June 2006 and renewed in 2007 & 2008.

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Enacting department decentralization policy followed by EEAA and its RBO’s were entrusted to review projects models enlisted in Category (A).

Environmental affairs departments in governorates are the mainstays of EEAA in different governorates. In this context, EEAA aimed at training institutional capacities of these departments to support decentralization of environmental management and this was done through sectoral support for Environment Programme during (2002-2008).

Specific stipulations system depends in its application on environmental departments in governorates and the industrial zones in new cities. 17

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Taking in consideration the modifications on labor law summarized in the presence of environmental affairs departments’ members in local license committees in villages and stations and this would have a positive effect on enacting the application of environmental stipulations on the activities requiring license.

Activating the participation of the civil community by making listening sessions part of the integrated studies for category (C) projects.

Publishing the complete executive summaries for category (C) projects in addition to the studies specified for category (B) projects on EEAA website: www.eeaa.gov.eg. 18

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Categories proposal was prepared and consulted upon with the concerned departments in EEAA.

Draft of modified lists (categories) were sent to different governorates to give opinion.

A workshop was held on 5/4/2005 with the participation of environmental affairs offices managers in governorates to include their suggestions in the proposed modifications, followed by another workshop was held on 24/8/2005 with the participation of governorates’ general secretaries to give opinion in the modifications.

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Index draft was presented before EEAA board of directors as some modifications were conducted according to the opinions of some of authorities representatives in the board of directors.

In pursuit of activating the role of societal participation, listening sessions item was added as one of the most important elements in the integrated Study of EIA.

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EEAA board of directors approved the lists ( categories) in its final form.

The modified guideline was printed to be effective from 1/7/2009..

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