Enforcement of Environmental Impact Assessment

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Enforcement of Environmental Impact Assessment

• Jakarta, June 9th 2004

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Outline

• Why Environmental Impact Assessment (AMDAL)?
• EIA and Enforcement some introductory remarks
• Realities from other countries

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EIA, Why Is It needed ?

• Over the past two decades, EIA regulations and
  procedures in many developing countries
• EIA ensures that
• Environmental and social concerns are integrated
  into the design of development projects
• Civil society is aware of related environmental/
  social impacts and can take part
• Costs of appropriate mitigation measures are
  incorporated into projects feasibility studies

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Enforcement and EIAthe mechanics

• Legislative and administrative approaches are
  used to introduce EIA into the development
  planning process
• Legislation creates a mandate to apply EIA as an
  environmental management tool
• Administrative procedures establish who does
  what, when and how
• Environmental standards contained in technical
  guidelines (air, water, soil, biodiversity)
• Enforcement implies
• administrative procedures are followed
• environmental standards are achieved
• EIA not necessarily positioned to effectively
  reduce negative impacts of development

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Enforcement and EIA a broad view

• Important to maintain a broad definition of
  enforcement
• Legal frameworks
• Institutions
• Human capacity
• Sanctions may work, but only where the broader
  system is healthy

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Enforcement and EIA the constraints
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EIA and Enforcement in Asia An Overview
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Summary

• There are no quick fixes
• The development planning framework is critical
• Enforcement should be defined broadly, rather
  than narrowly