LAW ON ENVIRONMENTAL IMPACT ASSESSMENT
Chapter I General Provisions
Article 1. Definitions used in this Law
The following definitions are used in this Law:
1) Environmental Impact - direct or indirect changes to the environment caused by a Proposed
Development, the results of which affect or may affect human health and safety, biological diversity,
soil, air, water, climate, landscape, material assets, cultural and natural heritage values, as well as the
interaction of these aforementioned areas;
2) Environmental Impact Assessment (hereafter - Impact Assessment) - a procedure to be carried out
as required by this Law in order to assess the potential environmental impact of the Proposed
Development and draft proposals for the prevention or reduction of negative impacts;
3) Proposed Development - installation, expansion or alteration of facilities and
technologies/processes, construction works, physical planning activities, extraction or use of natural
resources, as well as other activities, the performance or result of which may have significant impacts
on the environment;
4) Proponent - a person or legal entity proposing to carry out any of the developments listed in Article
4 of this Law;
5) "Transboundary impact" means any impact within an area under jurisdiction of a Party caused by a
proposed activity the physical origin of which is situated wholly or in part within the area under the
jurisdiction of Latvia.
[With amendments, done by 30 May 2001 law, coming into force from 21 Jun 2001]
Article 2. Purpose of the Law
The purpose of this Law is to prevent or reduce potential negative impacts to the environment of
developments proposed by persons or legal entities.
Article 3. Principles of Impact Assessment
Impact Assessment is carried out in accordance with the following principles:
1) Impact Assessment shall be carried out at the earliest possible stage of the planning, design and
decision making phase of the Proposed Development;
2) the assessment of impacts of developments listed in the Annex to this Law shall be based on the
information provided by the Proponent, and information obtained from interested State and municipal
authorities, as well as taking into consideration the viewpoints expressed during public hearings;
3) when a decision has been passed granting permission to proceed with the Proposed Development,
the Evaluation Report of the Final Environmental Impact Statement referred to in Article 20 of this
Law, is of a recommendatory nature, except in cases where the evaluation prohibits some activities
because legal requirements have not been observed;
4) the general public have the right to access information on the Proposed Development and to
participate in Impact Assessment procedures;
5) the resolution of environmental problems shall be commenced before comprehensive scientific
proof of the negative impact of the Proposed Development on the environment is available. If there is
justifiable doubt that the Proposed Development may have negative impacts on the environment,
precautionary measures shall be taken and if necessary, the activity shall be prohibited (precautionary
principle);
6) the assessment process shall be comprehensive and transparent and in accordance with legal,
planning and environmental principles, scientific method, and sustainable economics.
[With amendments, done by 30 May 2001 law, coming into force from 21 Jun 2001]
Article 4. The Need for Impact Assessment
(1) Impact Assessment is required for Proposed Developments which:
1) are listed in the Annex to this Law;
2) require Impact Assessment in accordance with the international agreements ratified by the
Republic of Latvia;
3) Competent Authority referred to in Article 6 of this Law have so requested on the basis of
the results of an initial assessment.
(2) If the Impact Assessment is not required for Proposed Development, Head of Regional
Environmental Board issues Technical Conditions in accordance with the Cabinet of Ministers'
Regulations for each Proposed Development. The Cabinet of Ministers shall set the Proposed
Developments that require technical conditions, procedure for submitting the application,
requirements for the content of the technical conditions and procedure for application and preparation
of it.
(3) Impact Assessment is not required for drafts of strategies, action plans, national programs and
development programs, the adoption of which may have significant environmental impacts. These
drafts must include a section providing information on the environmental impact of the proposed
strategy, plan or program.
[With amendments, done by 30 May 2001 law, coming into force from 21 Jun 2001]
Article 5. Financing of Impact Assessments
Each Impact Assessment is financed by its’ Proponent.
Article 6. Organisation of Impact Assessment
The organisation of Impact Assessment is the responsibility of a State authority established by the
Cabinet of Ministers (hereafter - Competent Authority). The Statutes and regulations of the Competent
Authority are approved by the Cabinet of Ministers.
Chapter II Application for a Proposed Development
Article 7. Application to the Competent Authority for a Proposed Development
If a Proposed Development:
1) is listed in the Annex to this Law;
2) requires Impact Assessment in accordance with international agreements ratified by the
Republic of Latvia;
the Proponent shall submit to the Competent Authority a written application (hereafter – Application)
of the Proposed Development, which indicates at least two different alternatives for the location or
applied technology of the Proposed Development.
[With amendments, done by 30 May 2001 law, coming into force from 21 Jun 2001]
Article 8. Application to a Regional Environmental Board for a Proposed Development
If a Proposed Development is not covered by Article 7 of this Law, but may have a significant impact
on the environment, the Proponent shall submit to the relevant Regional Environmental Board a
written application (hereafter – Application), which indicates at least two different alternatives for the
location or applied technology of the Proposed Development.
Article 9. Contents of the Application for a Proposed Development
The contents of the Application for a Proposed Development is specified in the Cabinet of Ministers’
Regulations “Procedures for Environmental Impact Assessment”.
Chapter III Initial Impact Assessment of a Proposed Development
Article 10. Proposed Activities which require an Initial Impact Assessment
Pursuant to Article 8 of this Law, Proposed Developments of which the Regional Environmental Board
has been notified, shall be subject to an initial Impact Assessment (hereafter - Initial Assessment), in
order to determine whether the Proposed Development requires an Impact Assessment on the basis
of the criteria specified in Article 11 of this Law.
Article 11. Criteria for Assessing the Environmental Impact of a Proposed Development
The environmental impact of a Proposed Development shall be assessed according to the following
criteria:
1) characteristics of the Proposed Development:
a) size or scope;
b) interaction of the Proposed Development and other activities;
c) use of natural resources;
d) production of wastes;
e) pollution and nuisances;
f) risk of accidents (from technological processes or substances used);
2) description and geographical characteristics of the area of the Proposed Development:
a) existing land use;
b) the relative quantity and quality of natural resources at the site, and potential for
regeneration;
c) the absorption capacity of the natural environment particularly to special protection nature
areas, specially protected species and habitats, wetlands of international importance,
environmental and natural resources protection belts and important birds areas;
d) areas where pollution levels exceed environmental quality criteria and standards;
e) population density in the vicinity of the site;
f) historical, archaeological and culturally significant landscapes;
3) potential environmental impact of the Proposed Development pursuant to the criteria given in
Paragraphs 1 and 2 of this Article and taking into consideration:
a) size (the size and population of the area affected by the Proposed Development);
b) potential transboundary impacts;
c) magnitude and complexity of impacts;
d) probability of impacts;
e) duration, frequency and reversibility of impacts.
[With amendments, done by 30 May 2001 law, coming into force from 21 Jun 2001]
Article 12. Procedure for the Organisation of Initial Assessment
The Initial Assessment shall be organised by the relevant Regional Environmental Board pursuant to
the Cabinet of Ministers’ Regulations “Procedures for Environmental Impact Assessment”.
Article 13. Results of Initial Assessment
The Regional Environmental Board shall forward the results of Initial Assessment together with the
Proponent's Application for the Proposed Developments to the Competent Authority for approval.
[In the wording of 30 may 2001 law, coming into force 21 Jun 2001]
Chapter IV Procedure for Performance of Impact Assessment
Article 14. Confirmation of the Requirement for Impact Assessment
(1) Having reviewed the Application, if the Competent Authority passes a decision that an Impact
Assessment is required for the Proposed Development, it forwards written notification to the
Proponent and to interested State and municipal institutions that an Impact Assessment is being
initiated.
(2) An interested person or entity may appeal in Court the decision of the Competent Authority that an
Impact Assessment is required for the Proposed Development for which an Initial Assessment was
carried out.
(3) If the Competent Authority decides that no Impact Assessment is required for the Proposed
Development, it forwards written notification to the Proponent, the relevant Regional Environmental
Board and the municipality in whose territory the Proposed Development is to be undertaken.
Additionally, and pursuant to the Cabinet of Ministers’ Regulations “Procedures for Environmental
Impact Assessment”, the Competent Authority shall publish a notice stating that no Impact
Assessment is required.
Article 15. Initial Public Hearing for Impact Assessment of the Proposed Development
(1) If the Proponent has received written notification from the Competent Authority that an Impact
Assessment for the Proposed Development is required, the Proponent shall, pursuant to the
procedure outlined in the Cabinet of Ministers’ Regulations “Procedures for Environmental Impact
Assessment”, publish a notice about the Proposed Development and informing members of the public
that they may make written submissions concerning the potential environmental impact of the
Proposed Development.
(2) In response to the written request of the Competent Authority, relevant Regional Environmental
Board, an elected deputy of the relevant municipality or at least 10 citizens or permanent residents of
the Republic of Latvia, the Proponent is obliged to arrange an initial public hearing for the Impact
Assessment of the Proposed Development. All interested persons are entitled to participate in such a
hearing and express their views.
(3) The initial public hearing of the Impact Assessment of the Proposed Development shall take place
in accordance with the Cabinet of Ministers’ Regulations “Procedures for Environmental Impact
Assessment”, except in the following cases:
1) when the Proposed Development consists of construction works and a public hearing is
required pursuant to legislation on construction;
2) when the Proposed Development is physical planning project and a public hearing is
required pursuant to legislation on spatial development planning.
(4) The Competent Authority shall participate in every initial public hearing on the Impact Assessment
of a Proposed Development carried out pursuant to this Law, legislation on construction and
legislation on spatial development planning.
Article 16. Impact Assessment Program
(1) Following the written request of the Proponent, the Competent Authority shall elaborate and
forward to the Proponent an Impact Assessment program (hereafter - Program), which includes
environmental protection requirements and regulations, as well as a list of studies and organisational
measures necessary for the performance of Impact Assessment.
(2) The Program shall be based on the Proponent’s Application of the Proposed Development, the
Initial Assessment, if undertaken, the results of the initial public hearing, and take into consideration
the submissions from members of the public and information provided by interested State and
municipal institutions. The minimum requirements for the contents of the Program and its preparation
shall be regulated by the Cabinet of Ministers’ Regulations “Procedures for Environmental Impact
Assessment”.
(3) When preparing the Program, the Competent Authority is entitled to consult with various experts
and may also request additional information from the Proponent.
(4) The Program remains in effect for a period of three years. The Proponent shall submit to the
Bureau a second request for issuing the program, if the time of validity has expired, but Final
Statement, as specified in Article 19, has not been submitted to the Competent Authority.
[With amendments, done by 30 May 2001 law, coming into force from 21 Jun 2001]
Article 17. Draft Environmental Impact Statement, its Preparation and Public Hearing
(1) In accordance with the prepared Program, the Proponent prepares a Draft Environmental Impact
Statement (hereafter - Draft EIS) and submits it to the Competent Authority for review, as well as to
other institutions as instructed by the Competent Authority.
(2) The Draft EIS shall contain information on:
1) the Proposed Development and potential alternatives for the location and applied
technology (including cancellation of the Proposed Development);
2) the potential environmental impact of the Proposed Development and the alternatives
mentioned in the above paragraph;
3) technological and other measures which may help prevent or reduce the negative
environmental impact of the Proposed Development.
(3) The Proponent is entitled to receive information necessary for the preparation of the Draft EIS
from the Competent Authority, State institutions and municipalities. All costs relating to the
preparation of this information shall be borne by the Proponent.
(4) If the Proponent decides to cancel the Proposed Development during the course of preparing the
Draft EIS, he shall immediately notify the Competent Authority of this decision.
(5) The Proponent shall publish a notice informing the public that the Draft EIS is available for public
review, that written submissions will be received and that the public is invited to participate in the
public hearing on the Draft EIS.
(6) The contents of the Draft EIS, the publication of notices and the procedures for a public hearing on
the Draft EIS shall be in accordance with the Cabinet of Ministers’ Regulations “Procedures for
Environmental Impact Assessment”.
Article 18. Evaluation of the Draft EIS
The Competent Authority, taking into consideration the viewpoints of interested State and municipal
institutions, written submissions by members of the public and the results of public hearings, shall
assess the conformity of the Draft EIS to the requirements specified in the Program (inviting experts if
required), and prepare an evaluation report on the Draft EIS, which is then forwarded to the
Proponent. The Evaluation Report may indicate modifications that need to be made to the Draft EIS.
Article 19. Final Environmental Impact Statement
Taking into consideration the Competent Authority’s Evaluation Report of the Draft EIS, the Proponent
shall prepare a final draft of the Environmental Impact Statement (hereafter - Final EIS) and submit it
to the Competent Authority.
Article 20. Evaluation of the Final EIS
(1) The Competent Authority shall evaluate the Final EIS in accordance with the Cabinet of Ministers’
Regulations “Procedures for Environmental Impact Assessment”, using as the basic criteria the
conformity of the Proposed Development to legislative requirements. If the Final EIS does not
conform to the Program, or the Competent Authority’s Evaluation Report on the Draft EIS has not
been taken into consideration, the Competent Authority is entitled to return the Final EIS to the
Proponent for modification, indicating the modifications to be made.
(2) The Competent Authority forwards its Evaluation Report on the Final EIS to the Proponent and
State and municipal institutions involved in the Impact Assessment. It also publishes a notice
informing that it has completed its evaluation of the Final EIS, and that copies of the Evaluation
Report and Final EIS are available for viewing.
(3) The Evaluation Report of the Final EIS remains in effect for a period of three years. In the event
that acceptance of the Proposed Development, as specified in Article 21 of this Law, is not passed
during this period, a new Impact Assessment is required.
Article 20.1. Proposed Developments that may have transboundary impact
(1) If the Competent Authority in the decision passed on requiring Impact Assessment indicates that
Proposed Development is likely to have a significant transboundary impact, it forwards written
notification to the Proponent, Ministry of Environmental Protection and Regional Development,
Ministry of Foreign Affairs and to interested State and municipal institutions informing about the case.
(2) Having received opinion from the Ministry of Environmental Protection and Regional Development
and the Ministry of Foreign Affairs, the Competent Authority forwards written notification on the
Proposed Development to the State which may be affected by a significant transboundary impact of
the Proposed Development, before the Proponent informs the public of Latvia on Proposed
Development in accordance with Paragraph 1 of Article 15 of this Law.
(3) The notification shall contain following information:
1) the application for a Proposed Development;
2) any available information on the Proposed Development that is likely to have
transboundary impact;
3) information about an opinion of the State or municipal institution on the Proposed
Development;
4) the closing date and location for the submission of response, indicating whether the State
intends to participate in the Impact Assessment.
(4) Upon receipt of a written request from any State, which may be affected by a significant
transboundary impact of the Proposed Development, the Competent Authority shall forward the
notification mentioned in the Paragraph 3 of this Article to this State, before the Proponent informs the
public of Latvia on Proposed Development in accordance with Paragraph 1 of Article 15 of this Law.
(5) If the State which has received notification mentioned in the Paragraph 3 of this Article responds
within the time specified in the notification indicating its desire to participate in the impact assessment,
the Competent Authority shall forward to it program, Draft EIS and information on the procedure of
Impact Assessment.
(6) The Competent Authority in cooperation with the Competent Authority of the State that has
intended to participate in the Impact Assessment ensure that those authorities and public concerned
are given an opportunity to review the information mentioned in Paragraph 3 and Paragraph 5 of this
Article and submit proposals to the Competent Authority before it submits Evaluation Report of the
Final EIS.
(7) The Competent Authority shall enter into consultations with the Competent Authority of the State
intended to participate in the Impact Assessment procedure regarding potential transboundary impact
of the Proposed Development, on measures to reduce or eliminate adverse impact and on the time
frame for the duration of the consultation period.
[In the wording of 30 May 2001 law, coming into force from 27 Jun 2001]
Chapter V Acceptance of the Proposed Development
Article 21. The Meaning of Acceptance of the Proposed Development
Acceptance of the Proposed Development shall mean the passing of a decision by the relevant State
or municipal institution, as provided by this Law and other legislative acts, consenting to commence
the Proposed Development.
Article 22. Acceptance of the Proposed Development
(1) In order to obtain a permit to commence the Proposed Development, the Proponent shall submit
to the relevant State or municipal institution the Final EIS, the Competent Authority’s Evaluation
Report on the Final EIS and any documents required by other legislation.
(2) The appropriate State or municipal institution, having comprehensively reviewed the Final EIS and
the Competent Authority’s Evaluation Report on the Final EIS, and having taken into consideration the
viewpoints put forward by interested State and municipal institutions and members of the public, shall
pass a decision, pursuant to applicable legislation, accepting or rejecting the Proposed Development.
(3) If the Proposed Development has transboundary impact, the viewpoints put forward by the
interested authorities and members of the public concerned of the affected State and results of
consultations, shall be taken into consideration by appropriate State or municipal institution, when
accepting or rejecting the Proposed Development.
[With amendments, done by 30 May 2001 law, coming into force from 21 Jun 2001]
Article 23. Informing of the Decision Passed
(1) The appropriate State or municipal institution shall forward notice of the decision to the Proponent
and the Competent Authority.
(2) Interested persons at the relevant State or municipal institutions may examine the:
1) content of the decision text;
2) justification for passing the decision;
3) measures to be taken in order to prevent or reduce any negative environmental impacts;
4) conditions and procedures for the payment of compensation.
(3) The appropriate State or municipal institution shall inform any State which has been consulted on
the decision passed and shall forward to it the information mentioned in the Paragraph 2 of this
Article.
[With amendments, done by 30 May 2001 law, coming into force from 21 Jun 2001]
Chapter VI Responsibility of the Proponent and Experts
Article 24. Responsibility of the Proponent
The Proponent shall be responsible for:
1) the completeness, truthfulness and validity of all information provided, as well as the conformity of
the Draft EIS and Final EIS to the requirements of this Law and other legislation;
2) the implementation of measures included in the Final EIS.
Article 25. Responsibility of Invited Experts
The invited experts shall be responsible for:
1) the objectivity of the evaluation of documents submitted to the Competent Authority;
2) the quality of their own evaluations and the observance of submission deadlines.
Transitional Provisions
1. No later than January 1, 1999, the Cabinet of Ministers shall establish the Competent Authority.
2. The State Environmental Expertise Board shall act as the Competent Authority until such time as
the Competent Authority takes up its duties.
3. This Law shall not apply to proposed developments which have received a positive evaluation from
the State Environmental Expertise Board pursuant to the law “On State Ecological Expertise”, nor to
proposed developments, which were issued with ecological design requirements prior to the effective
date of this Law.
4. On the day this Law comes into effect, the following shall become null and void:
1) the law “On State Ecological Expertise” (Gazette of the Supreme Council and Government
of the Republic of Latvia, 1990, No.45);
2) Cabinet of Ministers’ Regulations No.278 “On the Performance of Environmental Impact
Assessment” passed in accordance with Article 81 of the Constitution (Gazette of the Saeima
and the Cabinet of Ministers of the Republic of Latvia, 1998, No.18);
5. No later than October 1, 2001, the Cabinet of Ministers shall issue the Regulations mentioned in
the Article 4 of this Law.
[With amendments, done by 30 May 2001 law, coming into force from 21 Jun 2001]
This Law is passed by the Saeima on October 14, 1998
President of Latvia
G. Ulmanis
Annex to the Law “On Environmental Impact Assessment”
Developments which require Impact Assessment
1. Refineries and installations processing 500 tons or more of crude oil, coal or bituminous shale per
day.
2. Thermal power stations and other combustion installations with a heat output of 100 megawatts or
more.
3. Nuclear power stations and other nuclear reactors, including the dismantling or decommissioning of
such power stations or reactors (except research installations for the production and conversion of
fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous
thermal load).
4. Installations for the reprocessing of irradiated nuclear fuel.
5. Installations or zones designed:
1) for the production or enrichment of nuclear fuel;
2) for the processing of irradiated nuclear fuel or high-level radioactive waste;
3) for the final disposal of irradiated nuclear fuel;
4) solely for the final disposal of radioactive waste;
5) solely for the planned storage for more than 10 years of irradiated nuclear fuels or
radioactive waste at a different site than the production site.
6. Installations for the initial smelting and production of ferrous and non-ferrous metals, excluding
precious metals, from ore, concentrates or recycled materials, by metallurgical, chemical or
electrolytic processes.
7. Installations for the extraction of asbestos and for the processing and transformation of asbestos
and products containing asbestos:
1) if their annual production of asbestos-cement finished products exceeds 10,000 tons;
2) if their annual production of friction material finished products exceeds 50,000 tons;
3) if their utilisation of asbestos for other uses exceeds 50 tons of asbestos per year.
8. Installations for the manufacture on an industrial scale of substances using chemical conversion
processes in which several units are juxtaposed and are functionally linked to one another, and which
are:
1) for the production of basic organic and inorganic chemicals;
2) for the production of phosphorous, nitrogen or potassium-based fertilisers (simple or
compound fertilisers);
3) for the production of basic plant health products and of biocides;
4) for the production of basic pharmaceutical products using a chemical or biological process;
5) for the production of explosives.
9. Construction or rehabilitation of public railway lines.
10. International airports.
11. Construction or renewal of national and municipal roads with a length of 10 kilometres or more.
12. Inland waterways and ports designed for inland waterway traffic, which permit the passage of
vessels of over 1,350 tons.
13. Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry
piers) which can take vessels of over 1,350 tons.
14. Installations for the storage and disposal of hazardous wastes.
15. Installations for the disposal of municipal wastes.
16. Waste disposal installations for the incineration and chemical treatment of wastes with a capacity
exceeding 100 tons per day.
17. Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of
water abstracted or recharged is equivalent to or exceeds 2,5 million cubic meters.
18. Schemes for the transfer of water resources between river basins (except centralised drinking
water supplies) where the amount of water transferred exceeds 5% of flow.
19. Wastewater treatment plants with a capacity exceeding 30,000 person equivalents.
20. Projects to extract petroleum and natural gas for commercial purposes.
21. Dams or other hydro installations for the holding back or permanent storage of water, where a
new or additional amount of water held back or stored exceeds 10 million cubic metres.
22. Pipelines for the transport of gas, oil or chemicals with a diameter of more than 800 mm and a
length of more than 40km.
23. Installations for the intensive rearing of poultry or pigs with more than:
1) 85,000 places for broilers;
2) 60,000 places for hens;
3) 3,000 places for pigs (over 30kg);
4) 900 places for sows,
24. Industrial plants for the:
1) production of pulp from timber or similar fibrous materials;
2) production of paper and board with a production capacity exceeding 50,000 tons per year.
25. Quarries and open-cast mining where the surface of the site exceeds 10 hectares, or peat
extraction where the surface of the site exceeds 100 hectares.
26. High voltage electrical power lines with a voltage of 110kV or more and a length of more than
15km.
27. Installations for storage of petroleum, petrochemical products with a capacity of 50,000 tons or
more, and storage of chemical products with a capacity of 20,000 tons or more.
28. Forestry activities on sites exceeding 1,000 hectares in size.
29. Projects for introduction of wild species which are not native to the territory of Latvia.
[With amendments, done by 30 May 2001 law, coming into force from 21 Jun 2001]