Environmental Assessment in Newfoundland & Labrador Experiences, Observations and Insights from Recent Practice Environmental Assessment in Newfoundland & Labrador Experiences, Observations, Insights Practitioner’s Perspectives Steve Bonnell Practice Leader, Environmental Assessment AMEC Environment & Infrastructure St. John’s, Newfoundland and Labrador, Canada October 2013 Overview and Contents • Environmental Assessment (EA): Overview and Definition • EA Legislation and Processes (NL and CA) • EA Objectives and Outcomes • EA Practice in Newfoundland & Labrador: • The Good (Things that are working well) • Some “Could do Betters” (Issues and Suggestions) • Summary and Conclusion 3 Environmental Assessment (EA) A regulatory review process applied to proposed development projects to predict and evaluate their potential environmental effects, so that these can be considered and addressed in project planning and decision-making Project Planning EA Project Design Project Construction Project Operations Project Decommissioning 4 Environmental Assessment (EA) A regulatory review process applied to proposed development projects to predict and evaluate their potential environmental effects, so that these can be considered and addressed in project planning and decision-making • • • • • Understanding the existing environment (biophysical and socioeconomic) Identifying environmental issues and predicting project effects and benefits Consulting with governments, Aboriginal and stakeholder groups, the public Proposing measures to avoid / reduce adverse environmental effects and optimize benefits Considering environmental effects in Project planning and decisions (go / no-go, design, scheduling, mitigation) 5 EA Processes and Objectives • Proposed development projects in NL may be subject to provincial and/or federal EA requirements: • NL Environmental Protection Act (Part 10) and EA Regulations • Canadian Environmental Assessment Act (CEAA 2012) and Regulations Some Key (Shared) EA Objectives and Outcomes • • • Proactive identification, analysis and management of environmental effects in Project planning and decision-making Consultation with Aboriginal communities, stakeholders and the public (information, issues, mitigation) Achieving these outcomes in an effective and efficient manner 6 EA Practice in NL: The Good EA Legislation and Process • Long-standing, well established EA legislation in NL (1980 + amendments) • Relatively good, well structured process (procedures, timelines, decisions) Consultation • EA provides ideal mechanism to engage with interested and potentially affected parties (Public, Stakeholders, Aboriginal Groups) • NL EA process is inherently consultative, with various junctures / opportunities for involvement and input • Early opportunities for sharing information and input into Project planning and decision-making 7 EA Practice in NL: The Good (Continued…) EA Use, Perceptions and Outcomes • Proponents are increasingly viewing and using EA as an important and valuable tool for: • Informing and improving the planning, design and implementation of their projects, and the • Proactive identification and management of environmental / social issues and associated risks • Many corporations are also (voluntarily) undertaking EAlike approaches as part of their early project planning and decision-making processes: • Identification of development objectives and approaches • Evaluation of alternative project options and design concepts 8 EA Practice in NL: Issues / Opportunities EA Legislation and Process • Type / level of Project description information required / requested • Delays in Governmental decisions and actions at key EA stages • EA Guidelines / Scoping (information, focus, timing) Aboriginal Consultation • Courts have established a Crown duty of consultation with relevant Aboriginal groups • Procedural aspects often delegated to Proponents through the EA process • Further information and direction required from Government on Aboriginal groups / claims, consultation requirements and approaches 9 EA Practice in NL: Issues / Opportunities (Continued…) EA Methods and Documentation • Need to explore approaches and methods for presenting EA information and analyses in a clearer and more concise (less voluminous) manner • Emphasize the content, quality and brevity of the EA, thereby making it more accessible and meaningful for participants Project EA vs. Regional (Cumulative) Issues • Project EAs often become the (sole) forum for evaluating larger policy / regional environmental and socioeconomic issues • Project’s contribution to, and Proponent’s ability / responsibility to manage, overall (cumulative) effects? 10 Some Closing Thoughts • • • • EA is a useful and powerful tool for informing and improving Project planning and decision-making Long-standing and well established EA legislation and processes in NL There is room for improvement in a number of key regulatory and methodological aspects of EA practice in NL Far too much emphasis on the procedural aspects of EA, We need a greater focus on EA outcomes and benefits (effectiveness and efficiency) 11 Thank you …. Steve Bonnell AMEC Environment & Infrastructure 133 Crosbie Road, PO Box 13216 St. John's, NL Canada A1B 4A5 Tel (709) 722-7023 Email steve.bonnell@amec.com