“Environment Impact Assessment & Challenges ”Bhutanese Perspective

• Ugyen Tshewang (PHD), Secretary, National Environment Commission Secretariat, RGOB, Thimphu• Tshering Choden, (BSc, Sci), Asstt. Environment Officer, National Environment Commission Secretariat, RGOB, Thimphu

2nd South Asia Judicial Roundtable on Environmental Justice , 30-31 August

2013, Thimphu, Bhutan

Outline of the PresentationEnvironmental Conservation Ethics of BhutanEnvironmental Policies and Legislation governing

EIAEIA and sustainable Development Institutional Arrangement Judicial ProceedingsImplementation of EIA and its assurance

Projects requiring EIAEIA ProcedureDefaulters and offenders\Challenges

Recommendations

Environmental Conservation Ethics of BhutanTraditional and Local Beliefs

Royal Kasho in 1974 by the Fourth Druk Gyalpo

Forest Act and National Forest Policy

Subsequent Acts and Regulations

Environmental LegislationsNational Environment Protection Act 2007Environment Assessment Act 2000 & Regulations for

Environment Clearance of Projects 2002 (under revision)Water Act 2011 @ Water Regulation (Final Draft)Waste Prevention and Management Act 2009 & Regulation 2012Biodiversity Act 2003The Middle Path- National Environment Strategy 1998Mines and Mineral Act 1995Forest & Nature Conservation Act 1995 & Regulation 2006Carbon Neutral Policy (2009)

EIA and Sustainable DevelopmentSustainable Management and development

determineEnvironmental well being and security of livelihood.

Population pressure, industrialization, urbanization, adverse impacts of climate change, and the indiscriminate exploitation and use of resource base

EA - one of the tools.

EIA and Sustainable DevelopmentEIA – technique for ensuring that the likely

significant effects of new development on the environment is fully understood and taken into account for decision making regarding projects, developments and programs.

An anticipatory environmental management tool for the systematic evaluation of a proposal and its effects on the environment and for mitigating those effects.

EIA and Sustainable DevelopmentProjects are unsustainable if financially expensive, environmentally invasive and socially intrusive.EIA is one of the supporting tools to achieve Gross National Happiness (GNH)

Institutional ArrangementNECNational Environment

Commission Secretariat Environment Assessment

Technical Committee Environment Assessment

Advisory BoardCompetent Authorities

Line Ministries and Agencies /Environment Unit

District Administration District Environment

Committee

Institutional arrangementNEC –Chaired by the PM, Ministers, NGOs

and Eminent Persons. Adopt Regulations; environmental standards;

enforce and implement policies, plans and program ,

Interim Amendments for Conflicting provisions of the sectoral legislation till next session of the Parliament,

Designate Competent authorities to carry out its function

Judicial proceedings

NEC deemed to be civil court and proceedings before the Commission shall be deemed to be a judicial proceeding when the Commission decides to hear cases before it.

Commission may decide to establish environmental tribunal and communicate their decision to the Government and Chief Justice for its Constitution

Environment Assessment ProcessApplication accepted if information is

adequate for screening and EA as per the guidelines.

Projects are screened and may issue EC if information provided is sufficient to identify the potential environmental effects of the project and conditions of Regulation – verified through field visits.

If the secretariat is not satisfied with the information, TOR – to prepare environment assessment document.

EIA ProceduresScreeningPromoter to submit draft terms of reference for carrying out

environmental impact assessmentScopingEndorsement of terms of reference by the NECSEnvironmental impact assessment report must be compiled based

on endorsed terms of reference and submit to the secretariat.The Secretariat may ask the Promoter to present the

environmental impact assessment report to the committee. If the EAAB finds that the information is still inadequate, the

promoter is then required to make necessary changes to the EIA document and submit necessary justifications accordingly.

Application Guidelines for Environmental Clearance

Highways and Roads.Industrial Projects.Mines.Forestry.Transmission Lines.Hydropower.Urban Development.Tourism Activities.

Projects Requiring EIAHydropower.Projects within

Protected Areas/other areas of national significance.

Mines and Quarries.Mega Projects

(including high tension transmission lines, Education Cities, Urban Development, Industrial Estate, National Highways)

Defaulters and OffendersArticle 42

of EA Act, 2000

Section 45 of Regulation, 2002 on Fine Schedule

Challenges

EIA not as per the ToR and Originality of EIA report.

Provisions of Acts and Regulations

Climate Change

Resources - Financial, Technical and Manpower.

Stakeholders’ participation and professional ethics.

RecommendationsCarrying Capacity of the Country’s EcosystemStrategic Environment Assessment instead of pocket EIAs.Effective Regulations and LawsHarmonization of Regional laws and Regulations - Trans-Boundary

ImpactsRegional co-operation and integrationCapacity Building Technical Experts, private, manpower and other . Amendment of EA Act and its Regulation.Revise Sectoral Guidelines. Environmental Justice – Polluter Pays Principle at all levels –

Judiciary

THANKS FOR YOUR KIND ATTENTION

“TASHI DELEK”