Procedimientos administrativos de la EIA | 4/24 | UPV
Introduction to Environmental Impact Assessment
Overview of the Learning Object
- Inmaculada Romero introduces herself as a professor in the Department of Hydraulic Engineering and Environment, focusing on environmental impact assessment.
- The session aims to dissect the administrative procedure for environmental impact assessments (EIA), highlighting three main objectives: necessity of EIAs, comparison of current regulations, and interpretation of the EIA process.
Definition and Types of Environmental Assessment
- Environmental assessment is defined as a procedure that anticipates how projects will affect the environment to prevent or mitigate potential impacts.
- Two types are distinguished: Strategic Environmental Assessment (SEA), focused on plans/programs, and EIA, which pertains to specific projects like roads or dams.
Legislation Governing Environmental Assessments
European and National Regulations
- At the European level, SEAs are governed by a 2001 directive; EIAs by a 2011 directive with amendments in 2014.
- Spain's Law 21/2013 consolidates both SEA and EIA procedures into one framework. Regional laws exist too, such as Valencia's Law 5/2014 for SEA.
Local Ordinances
- Municipal ordinances may apply in specific cases where they provide greater environmental protection than state regulations.
The Process of Conducting an Environmental Impact Assessment
Initiating an EIA
- The promoter must determine if their project falls under Annex I (large-scale projects requiring ordinary procedures) or Annex II (simplified procedures).
- If not listed in either annex, it’s necessary to assess whether the project could affect protected areas; if so, simplified procedures apply.
Ordinary Procedure Steps
- For projects under Annex I, promoters submit an initiation request along with an initial document to the substantive authority for review.
- The substantive authority checks for necessary corrections before forwarding it to the environmental authority for preliminary consultations.
Finalizing the Environmental Impact Study
Document Preparation and Approval
- Based on preliminary consultations, an "scope document" outlines key aspects required in the impact study.
- After preparing this study based on feedback from authorities and stakeholders, it is submitted back for further evaluation before final approval through a declaration of environmental impact.
Publication and Validity
Environmental Impact Assessment Process
Overview of the Environmental Impact Assessment (EIA) Procedure
- The substantive body, after verification, sends documentation to the environmental authority. This authority consults public administrations and interested parties to draft an Environmental Impact Report.
- If significant effects are anticipated, the environmental authority prepares a scope document for the Environmental Impact Study and forwards it to the project promoter for further procedural steps.
- Should the report conclude that there are no major environmental impacts from a specific project, approval is granted for construction. This report is published in the Official State Gazette (BOE) with a validity of four years.
Phases of Environmental Evaluation
- The EIA process consists of two phases: Strategic Environmental Assessment (SEA), applicable when implementing plans or programs, and Project-specific Environmental Impact Assessment for concrete projects like roads or dams.