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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 74 Environmental Impact Assessment Principles

ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 74

Environmental Impact Assessment Principles

(1)  An environmental impact assessment may be required when an environmentally relevant activity is proposed to be undertaken by the public or the private sector.
(2)  The level of assessment which may be required is to be appropriate to the degree of significance of the proposed environmentally relevant activity to the environment and the likely public interest in the proposed activity.
(3)  Preparation of the case required for assessment of the proposed environmentally relevant activity must be undertaken by the proponent in accordance with the requirements of the authority responsible for assessing the proposed environmentally relevant activity.
(4)  An authority responsible for assessing the proposed environmentally relevant activity must provide the proponent of the proposed activity with guidance on –
(a) the potential environmental impacts arising from the proposed activity; and
(b) the issues arising from the proposed activity which might give rise to public concern; and
(c) the level of assessment required; and
(d) the timing for each stage of the assessment.
(5)  If required by the Director of Public Health, an environmental impact assessment must include an assessment of the impact of the proposed environmentally relevant activity on public health.
(6)  An opportunity is to be provided for public consultation on the proposal before the assessment process is complete.
(7)  The authority responsible for assessing a proposed environmentally relevant activity must publicly disclose all information relating to the environmental impact of the proposal, except where there is a legitimate commercial, national security or environmental reason for confidentiality.
(8)  The authority responsible for assessing a proposed environmentally relevant activity must develop procedures with a view to resolving any conflict or dispute which may arise for consideration during the course of the assessment process.
(9)  The environmental impact assessment is to establish the information base for decision-making on –
(a) the environmental impacts of the proposed environmentally relevant activity; and
(b) whether the proposed activity should proceed; and
(c) any restrictions or conditions under which the proposed activity should proceed; and
(d) the management regime under which the proposed activity should proceed.