The Authority has discretion in exceptional cases to exempt projects from the EIA provisions. In such instances, the Authority may "consider whether another form of assessment would be appropriate." EIA Regulations, sec. 5(1)(a).
Best Practices in Lieu of EIA:
Who Conducts Screening Detail:
"The Authority shall, at the earliest appropriate moment, undertake vetting to determine whether a project submitted for its consideration falls under these regulations. EIA Regulations, sec. 11
Criteria for Screening:
List or appendix of project or activity types
Proposed project or activity may cause significant environmental impact
Criteria for Screening Detail:
Any project listed under Schedule I, Category I requires an EIA. EIA Regulations, sec. 10(1). Projects under Schedule I, Category II require mandatory screening. EIA Regulations, sec. 10(2). Other proposals are examined by the Authority on a case-by-case basis to determine whether they might have significant environmental impacts. EIA Regulations, secs. 10(3),(4). Schedule III details the criteria to be applied in screening.
Who Prepares EIA:
Project Proponent (with or without contractor)
Who Prepares EIA Detail:
The project proponent is responsible for commissioning the EIA report. Consultants engaged to draft the report shall be professional, independent, impartial, and duly competent experts in the respective areas of the assessment EIA Regulations, sec. 17.
Who Pays for EIA Detail:
EIA Regulations, sec. 17(1)
EIA Contractor Qualifications:
EIA Contractor Qualification Detail:
Consultants carrying out the EIA report shall be professional, independent, impartial, and duly competent experts in the respective areas of the assessment. Consultants shall be registered and must follow the regulations, procedures, rules and guidelines estabished by the Authority and by the Registration Board. EIA Regulations, sec. 17(2). See also EIA Regulations, sec. 18(4) (consultants must ensure the professional and scientific integrity of the EIA report).
Conflict of Interest Detail:
Consultants are required to sign a declaration that they have no conflicts of interest that may affect any aspect covered by these regulations. EIA Regulations, sec. 17(3); see also sec. 36 (duty to carry out responsibilities in a fair and impartial manner and avoid conflicts of interest)
Terms of Reference Detail:
"The terms of reference . . . shall be based on the information established in Schedule IV, and shall specify the information that may be required for reaching an informed conclusion in the significant effects of the project on the environment[.]" EIA Regulations, sec. 16(1).
Days for Decision Maker Review:
Written Decision Detail:
The Authority prepares a written "final assessment" of the EIA report. EIA Regulations, sec. 23(1). This report forms the basis for the permitting authority to approve or deny the project. The procedures for notification, public participation and availability of information to the public, in relation to development consent decisions shall follow the provisions of the Development Planning Act.
Expiry of Decision Detail:
Development Planning Act, sec. 72(4)("Development permission may be granted for a limited period but shall cease to be operative if the activity or development has not been completed within the period specified in the development permission.")
Financial Assurances or Bond:
Financial Assurances Detail:
The Authority may recommend to the permitting authority to include the imposition of financial guarantees in favor of the Authority. EIA Regulations, sec. 32(a)(i)