Early public participation within the EIA/SEA procedures in Slovakia

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Peter Lukáč
Ministry of Environment of the Slovak Republic
Department of Environmental Assessment
Legal framework
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Act No. 24/2006 Coll. on environmental
impact assessment
amended 12 times
last amendment in force since 1st of January
2015; response to the shortcomings raised
by the EC under the infringement procedure
No. 2013/2034
incorporates provisions of EIA Directive, SEA
Directive, Espoo Convention, SEA Protocol,
Aarhus Convention
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Act No. 24/2006 Coll. – basic division
Part 1– Initial provisions (subject of the Act, aim of the Act,
definition of the basic terms)
Part 2 – Strategic Environmental Assessment (assessment of
strategic documents of national, regional and statewide
reach)
Part 3 – Environmental impact assessment (assessment of the
projects)
Part 4 – Transboundary impact assessment (EIA + SEA)
Annexes – Content and structure of the documentation (EIA +
SEA), Criteria for the screening procedure (EIA + SEA),
Content and structure of the final record from the assessment
(EIA + SEA), List of projects falling under the EIA procedures,
List of projects falling under the Espoo Convention, General
criteria for the determination of considerably unfavorable
transboundary impact, Content of the documentation under
the Espoo Convention
The Public Concerned (PC)
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Strategic Environmental Assessment (SEA)
Natural person older than 18 years (individuals)
Legal entity (incl. NGOs)
Civic initiative - group of natural persons signing the joint
statement within the SEA procedure
Environmental Impact Assessment (EIA)
Natural person or Group of natural persons
Legal entity or Group of legal entities
Organizations or Groups of natural persons or legal entities
NGOs supporting protection of the environment
Strategic Environmental Assessment (SEA)
 Mandatory SEA
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PC can submit its opinions to the Notification on the
Strategic document (SD) – „Scoping phase“ (within 15 days
since making it public).
PC can submit its opinions to the Scoping report (within 10
days since making it public).
PC can submit its opinions to the Environmental Report (ER)
& Draft SD (within 21 days since making it public).
PC can participate on the public hearing (held during the
time period for the opinions to the ER & Draft SD; the date
and place known at least 10 days before).
Individual consultation can be made during the entire SEA
procedure.
Basic principles
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SEA procedure takes its place during the preparation of the SD and
before its adoption.
Public information is ensured through internet, media and by
affected municipalities.
The documentation from the SEA process including final statement
of the complement authority from the SEA procedure is published in
electronic form on the internet page www.enviroportal.sk within an
integrated information system and is fully available to the public.
Opinions to the Notification on SD must be taken into account while
determining the scope of the assessment; Opinions to the Scoping
report must be after their evaluation taken into account during
preparation of the ER & Draft SD; Opinions to the ER & Draft SD must
be included and evaluated in the expert review and in the final
statement of the competent authority from the SEA procedure; the
final statement must be justified.
In case of the preparation and approval of SD, the existence and the
contents of the final statement of the competent authority from the
SEA procedure and in particular the conditions of adopting the SD,
have to be considered.
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The approving authority is obliged to take the results of the public
participation in account, especially the opinions of the public,
results of consultations and public hearing with the public, raised
comments of the public.
PC in SEA procedures has the right to take part in the preparation
and SEA procedure until such SD is approved.
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SEA Screening
PC can submit its opinions to the Notification on the
Strategic document (SD) – (within 15 days since making it
public).
Individual consultation can be made during the entire SEA
Screening.
Basic principles
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SEA Screening takes its place during the preparation of the SD and
before its adoption.
Public information is ensured through internet, media and by
affected municipalities.
The documentation from the SEA Screening including decision from
the SEA Screening is published in electronic form on the internet
page www.enviroportal.sk within an integrated information system
and is fully available to the public.
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The decision from the SEA Screening must be justified and
the competent authority must take into account, among other
factors, opinions of PC and the result of individual
consultation.
If the SD is not assessed, all reasons for not assessing the SD
must be published on the internet page www.enviroportal.sk.
Environmental Impact Assessment (EIA)
 Mandatory EIA
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2.
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PC can submit its opinions to the Preliminary Environmental
Study (PES) of the Project – „Scoping phase“ (within 21 days
since making it public).
PC can submit its opinions to the Scoping report (within 10
days since making it public).
PC can submit its opinions to the Environmental Report (ER)
of the Project (within 30 days since making it public).
PC can participate on the public hearing (held during the
time period for the opinions to the ER; the date and place
known at least 10 days before).
Individual consultation can be made during the entire EIA
procedure.
Basic principles
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EIA procedure takes its place before actual permitting procedure.
Public information is ensured through internet, media and by
affected municipalities.
The documentation from the EIA process including final statement of
the complement authority from the EIA procedure is published in
electronic form on the internet page www.enviroportal.sk within an
integrated information system and is fully available to the public.
Opinions to the PES of the Project must be taken into account while
determining the scope of the assessment; Opinions to the Scoping
report must be after their evaluation taken into account during
preparation of the ER of the Project; Opinions to the ER of the Project
must be included and evaluated in the expert review and in the final
statement of the competent authority from the EIA procedure;
Final statement of the competent authority from the EIA procedure is
in its nature a decision, binding both for the Project proponent and
the permitting authority.
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The Project proponent must ensure reconciliation of the Project with
the final statement of the competent authority from the EIA
procedure and with the conditions laid down in it.
PC can appeal against the final statement of the competent authority
from the EIA procedure (within 30 days since making it public).
The final statement of the competent authority from the EIA
procedure can be reviewed by the court.
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EIA Screening
PC can submit its opinions to the:
Preliminary Environmental Study (PES) of the Project in case of
a new Project that is subject of EIA Screening – (within 21
days since making it public).
Notification on a modification of the Project in case of a
modification of a Project that is subject of EIA Screening –
(within 10 workdays since making it public).
Individual consultation can be made during the entire EIA
Screening.
Basic principles
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EIA Screening takes its place before actual permitting
procedure.
Public information is ensured through internet, media and by
affected municipalities.
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The documentation from the EIA Screening including decision
from the EIA Screening is published in electronic form on the
internet page www.enviroportal.sk within an integrated
information system and is fully available to the public.
The decision from the EIA Screening must be justified and the
competent authority must take into account, among other
factors, opinions of PC and the result of individual
consultation.
PC can appeal against the decision of the competent authority
from the EIA Screening (within 30 days since making it
public).
The decision of the competent authority from the EIA
Screening can be reviewed by the court.
For more information please contact:
Peter Lukáč
peter.lukac@enviro.gov.sk
Ministry of Environment of the Slovak Republic
Department of Environmental Assessment
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