United Nations
Department of the
Environment
Department of the Environment
Development Programme
Environmental Impact Assessment
Capacity building and institutional strengthening in
This is an Environmental site about the project IRA/97/ 0 17/A/O L/99 by UNDP (United Nations Development Program) and the Department of the Environment in Iran.
ANNEX TO THE MINUTES OF THE MEETING OF 23RD DEC 1997
ENVIRONMENT PROTECTION HIGH COUNCIL
BY-LAWS (GUIDELINE) OF ENVIRONMENTAL IMPACTS ASSESSMENT
In order to implement the decision of Environment Protection High Council made on 23rd march1994, the guideline for preparing report on environmental impact assessment (EIA) should be as follows:
Article 1- The implementing bodies of plans and projects, inserted in article 2, should prepare the report on EIA according to this guideline, as well as the report on project feasibility and site selection studies.
Article 2- Plans and projects, falling under this guideline, are as follows:
a. Petrochemical factories at any size.
b. Refineries at any size.
c. Power plant station with the capacity of 100 mw and more.
d. Steel industries under the following two sectors:
1) Firms producing raw material
for steel mills with the annual capacity of
300,000 t.,
and more.
2) Rolling and forming plants
with the annual capacity of 100,000 t., and
more.
e. Dams and other water structures in the following three sectors:
1) Dams with the height of 15 m.,
and more or having side structures of
more than 40 ha or
lake with the area of 400 ha and more.
Note :1- Inactive tail (for maintaining polluted substances) at any size, are subject to EIA.
2) Man-made lakes with the area of 400 ha, and more.
Note 2- The size of the lakes for fish farming with the area of 400 ha and less should be decided in coordination with the Ministry of Jihade Sazandegi and Department of Environment (DOE).
3) Irrigation and drainage
plans and projects with the area of 25000 ha,
and more.
f. Industrial estates (of any type) with the area of 100 ha, and more.
g. Airports with the runway length of 2000 m, and more.
Article 3- Above types of projects (regardless of their dimensions) coming within the impact able limits of the plans and projects ,inserted in article 2, are subject to the EIA.
Article 4- Above types of projects (regardless of their dimensions) coming within the impacted limits of projects or inside the special biotic regions, are subject to the EIA.
Note 1- list of special biotic regions together with their situation and the impactable distance, approved by the official authorities, are published regularly by DOE.
Note 2- list, situation and impactable and impacted distance of the existing 7 types of projects in country (according to the definition of article 2) are prepared, and published by DOE.
Article 5- The
implementing bodies of the plans and projects which are subject to the EIA,
should submit a preliminary report to DOE, and DOE after studying it
announces the important and key points (at most within a month)that are to
be considered by the implementing bodies during the assessment.
Note - All the environmental by-laws and regulations which are approved by the official authorities and should be observed during the EIA, are prepared by DOE.
Article 6- The implementing bodies of projects, falling under this pattern, should prepare the report on the EIA with regard to the announced points by DOE and the related by-laws.
The reports should be prepared by experts, scientific centers and specialized firms whose competence is confirmed by related authorities.
Note - Until the establishment of the appropriate firms and centers falling within this guideline, the Plan and Budget Organization in coordination with the DOE is responsible for publishing the preliminary list.
Article 7- The EIA is prepared for two situations by main activities:
1) Construction period
2) Operation period
Producers of the assessment suggest the necessary measures for reducing the negative environmental impact as well as the expenses.
Article 8- At the end of the report, the recommendation of the producers of the EIA is stated in one of the following three ways:
a. Implementation of the plan or project is not recommended.
b. Implementation of the plan or project is
possible provided that the
necessary measures for reducing the
environmental impact are taken.
c. Implementation of the plan or project is possible needless to take any
important measure.
Article 9- DOE announces its viewpoint within 3 months (at most) regarding the announced criteria.
Note 1- In order to coordinate affairs related to the EIA of plans and projects, a scientific committee, consisting of experts and academicians, under the supervision of head of DOE is formed. The committee is responsible for the scientific side of the assessment and consists of the following members:
Head of DOE as the chairperson of the committee.
Five experts and academicians who are appointed by the head of DOE.
Representative of Plan and Budget Organization.
Representative of Forests and Pastures Organization.
Representative of Iran standard and Industrial Research Institute.
Representative of the ministry or organization pertaining to the proposed plan or project.
Note 2- If the implementation or operation of development plan(s) or project(s), regarding the results of the EIA, contradicts the laws and regulations of the environment protection, D.O.E will inform the related ministry or Institute of the case, so that a solution could be found and the project would be reviewed.
In the case of disagreement, The Iranian President’s decision will be put into effect.
Article 10- The dimensions to be studied for the environmental impacts, in the case of all 7 types of projects, after studying the existing environmental situation, are as follows:
a. Environmental impacts on physical environment.
1) Impacts on land: morphology and qualitative.
2) Impacts on water: water quality and quantity.
3) Impacts on land, air and sound: air and rainfall changes, air quality.
4) Secondary impacts on soil, water and air.
b. Environmental impacts on natural environment:
1) Impacts on the plant species.
2) Impacts on the animal species.
3) Impacts on habitats, landscapes and birds’ migration route.
c. Impacts on social and cultural environment:
1) Impacts on the people’s health and environment.
2) Impacts on social environment: employment, housing, education.
.3)
Impacts on cultural environment: people’s religious and cultural
beliefs, cultural heritage.
d. Environmental impacts on the development plans:
1)
Impacts on the other agricultural, industrial and service development
plans in the region.
2) Impacts on the regional spatial plan.
3) Impacts on the regional lands use.
This guideline, consisting of 10 Articles and 8 notes, was ratified by the High council of Environment protection on 23rd Dec. 1997.
Implementing Mechanism and Guidelines
By–laws(guideline)of Environmental Impacts Assessment
According to the by- laws (guideline) of EIA, ratified in 10 articles
and 8 notes by the High Council of Environment Protection on 23rd Dec.1997,
the implementing body of projects , falling under the Article 2 of this
by-laws, are obliged to prepare report on EIA.
In order to achieve the objectives of the by-laws and systematically implement its content as well as to facilitate and expedite the process of studying and reviewing the assessment reports, the office for environmental assessment of DOE , on the basis of terms of reference, specified in the ,guideline has articulated an essential and harmonized framework for preparing report on preliminary assessment (Article 5) and EIS (Article 6) as well as for the phases of reviwing and assessing the reports (from receiving the request for studying to announcing the final (result). The framework is as follows:
The first step to achieve this objective is to clarify legal procedures of the way of sending the reports in the organiization. To this end, attached chart (No.1) was prepared on the basis of the contents inserted in the by - laws of EIS.
The next step to articulate the implemention mechnism of the said by- laws is to present a framework and guideline for the preparation of “summary of plan“ and “summary of preliminary assessment”. The list of content of each of these reports can be used from tables 1 and 2. Furthermore, some guidelines have been inserted in order to enrich the reports and also to prevent the waste of time and energy.
Next step of the office is to articulate and suggest a directory for the preparation of EIS.
This report is prepared after preliminary review of the “summary of preliminary report “ and , if necessary , completion of the information and inclusion of the reviewing group’s suggestions.
Special mechnisms and guidelines for each of the 7 types of projects inserted in Article 2 of the by- laws are going to be prepared by forming specialized committees ( consisting of experts, specialists and academicians) in the office of environmental assessment. Furthermore, The primary and final reviews of the assessment reports are also performed by the committees. Questionaries and checklists are being prepared to make sure of observing the artticles inserted in the by-laws as well as harmonized assessment of the reports.
Another measure taken by the office of environmental assessment is to specify and state the procedure of reviewing the reports,the relevant criteria and standards and its implementing processes so that the directorates general of D.O.E in provinces as well as producers of the final reports are in the process of reviewing.
Guidelines and proposals for the preparation of “Preliminary Assessment Report”
In order to make the report more comprehensive and expedite the process of reviewing, the observations of the following cases are recommended:
1) In each “preliminary assessment report “main information should be inserted on the first page and before the non- technical summary. The information consists of the name of organization or ministry in question, name and the specifications of the representative of project implementing body for keeping the connection, name of advisor and producer of the report, type of report and date of its production.
2) Using the maps, pictures, charts and tables to present the figures and information and to state the results is an effective way for reviewers and decision makers to get familiar with the project.
3) The content of the report should be clear and easy to understand. Using the vague expressions, difficult words and complex analyses in the report would make the process of the review difficult.
4) Use very specialized information should be prevented. These types of figures can be put, if necessary, in the annexes together with their references.
5) Reports should be prepared scientifically, logically, and without any bias so that the decision makers have the opportunity of independent analysis.
6) The arrangement of chapters and sections in the report should be in accordance with the cases inserted in the guide for preparation of “preliminary assessment report” (table 2).
7) To complete the information and to be sure of their authencity, the opportunity of visiting project sites, if necessary, should be provided.
8) Presenting the real and accurate information, studying the actual effects and drawing logical conclusion by the report producers would make the task of recommendation easier and more reliable and prevents the waste of time and energy for data control.
9) Before the “preliminary assessment” begins, it would be much better to collect and study all the environmental laws, regulations, by- laws, standards and criteria related to the project.
10) Non- technical outline in the preliminary report should be able to answer the following questions:
• What is the type and objective of project?
• What are the needs and necessities for project implementation?
• What processes and operations does the proposed project have?
• Where is the project implemented?
• What processes does the project consist of? When does each one begin? And how long does it take?
• How is the general situation of environment in the region?
• What are effects of the implementation of project?
• What types of measures are taken to reduce the negative impacts of project?
Table1- A guide to the preparation of” summary of plan” form (report) (12 pages at most)
1) Name of company.
2) Name of proprietor.
3) Name of project.
4) Name and address of project implementing body.
5) Purpose of project and the necessity of its implementation.
6) Type and general specifications of project.
7) Implementing phases of project and their timetables (preparation, construction…).
8) Project activities (production line and secondary activities).
9) Type and amount of resources and raw materials consumed their place of provision, production capacity and the type and amount of main and secondary products.
10) Proposed place for the project implementation, location choices and the reasons of selecting the proposed place or places.
11) Infrastructural needs (roads, public services, housing…) and the existing resources.
12) An estimate of the needed manpower.
13) List of the negative and positive impacts of project implementation.
14) List of all types of important pollutants and wastes (air pollutants, industrial wastes, sewage and rubbish and radiation…produced through processes and operations).
15) List of preventive, controlling and reducing measures for each environmental impact.
Note: It is recommended that items 13, 14 and 15 be summarized, if possible, in one page.
Table 2-A guide to the preparation of “Summary Preliminary Assessment Report” for a project
The preliminary assessment report of a project includes the following cases and should be in 50 pages (at most):
1. non-technical summary includes : type and specifications of a project; existing choices, an outline of the existing environmental situation; main project impacts on environment; preventive, reducing and controlling programs for the negative impacts, and drawing the conclusion of environmental assessment(3 pages at most).
2. Description of the proposed plan or project (10 pages at most).
2.1. Title of the plan.
2.2. Objectives, needs, and necessities of the plan.
2.3. Position of the project regarding the general policies and programs in country.
2.4. Environmental laws, regulations and standards related to the project.
2.5. Situation of the project proposed place (on the map, and referring to the distance from all existing uses in the region).
2.6. Technical and land alternatives for the project.
2.7. General phasing of the project (preparation, construction, implementation and operation…) and future development plans.
2.8. Anticipated processes and operations in the project (production, services……) and production diagram.
2.9. Side facilities and future projects (construction of roads, buildings and public services….).
2.10. Plan specifications in each alternatives and phases include :
2.10.1. Production capacities.
2.10.2. General estimate of investment ( Rials and foreign exchange value )
2.10.3. An estimate of the type and amount of raw materials, their place of provision and way of transfer.
2.10.4. An estimate of the type and amount of resources (water, energy, fuel….) and their cases of consumption, place of provision and way of transfer.
2.10.5. An estimate of manpower and place of provision.
2.10.6. An estimate of the type and amount of main and secondary products.
3. The preparation phase and infrastructural measures leading to the environmental change and destruction include : excavation, removal of plant coverage, construction of inactive pool, drainage change, digging and explosion, change of surface water route, construction of roads, public and service facilities…….( 2 pages at most )
4. Main pollutants and wastes produced through processes and operations in each of the alternatives and plan phases include: air pollutants, industrial wastes, wastes and garbage, sounds, vibrations, radiation … (5 pages at most).
4.1. Weather and climate (descending, temperature and evaporation in 5-15 year duration) air pollution and their main resources.
4.2. Sound and vibration (sound level), sound pollution and their main resources.
4.3. natural environment ( land and water habitats including list of plant and animal populations as well as rare and valuable species, four types of environmental zones ).
4.4. social, economic and cultural environment ( population and characteristics and its development, employment, housing, education, health, cultural and religious beliefs, cultural heritage )
4.5. Development plans and land use (agricultural, industrial and services development plans in the region, land use of the region and country spatial plan.
4.5.1. Anticipation of the negative and positive impacts of the plan on each of the proposed alternatives and phases (10 pages at most).
4.5.2. Impact on physical environment (earth, geological characteristics, water climate).
4.5.3. Impact on social, economic and cultural environment (population, employment, housing, education, and health, cultural and religious beliefs, cultural heritage and ….).
4.5.4. Impact on the other development plans and land uses in the region.
5. dangers , accidents and plan risks in each of the proposed alternatives and phases including : possibility of explosion, leakage, impacts of natural disasters and unexpected events ( 2 pages at most )
6. description of existing situation of the region’s environment in the following fields, before the plan implementation for each of the proposed alternatives ( together with map and preferably in the form of tables and charts ) ( 12 pages at most ) :
6.1. Definition of the study limit and showing on the map.
6.2. Physical environment.
6.2.1. Pedology (type and capabilities of work, slope, and erosion and…….) earth pollutants and their main resources.
6.2.2. Geology (topology, earthquake susceptibility, land slide and displacement…).
6.2.3. Water resources (situation, quality and quantity of surface and underground waters, situation of drainage in the region and flood and drought regimes) water pollutions and their main resources, current consumption of water resources.
7. Preventive, mitigation and controlling methods for each of the negative environmental impacts related to the plan activities (6 pages at most).
7.1. Proposing the specific methods of reducing impacts on physical, natural, social, economic and cultural environments.
7.2. Presenting the general program of environmental management for measuring and monitoring the environmental impacts and inspection and supervision on the good implementation of proposed measures related to the control and reduction.
7.3. Resources and references used in the preparation of the summary assessment report, offices, organization, real and legal persons.
8. Name, qualifications, responsibilities and assessment experiences of each of the advisors and producers of the preliminary assessment report.
9. Annexes.