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Regulatory Review Process
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F. Regulatory Review Process
Project documentation (including the EIA section) is subject to expert review in accordance with established procedures after completion of its development and agreement: Mandatory complex state expertise (of which environmental review is a component) of projects which pose increased ecological hazard (in accordance with the Resolution of the Cabinet of Ministers of Ukraine) or state environmental review of other projects in a self-contained order.
In a self-contained order, state environmental review of projects which do not pose an increased ecological hazard, is made in case of the probability of potential hazard for the environment, in the presence of corresponding decision of the government or local authorities, in the event that it is caused by national environmental interests.
Complex state expertise (review) of the projects (Resolution of the Cabinet of Ministers of Ukraine No.483 of April 11, 2002 “On the Procedure of Approval of Investment Programmes, Projects of Construction and Complex State Expertise”) includes:
- State investment examination;
- State environmental review of the projects, which pose an increased ecological hazard (in accordance with the list of activities approved by the Cabinet of Ministers of Ukraine);
- State sanitation examination;
- State examination of documentation with regard to fire safety of the project;
- State examination of documentation with regard to labour protection, and;
- State examination of documentation with regard to energy-saving issues.
Complex state examination is made by the Ukrainian investment expertise authorities. Depending on the level of complex state expertise or the complexity of the construction project, state environmental review is organized and implemented by ecological and expert departments of the Ministry of Environmental Protection of Ukraine and local environmental authorities in compliance with provisions of the Law of Ukraine “On Environmental Review”.
In accordance with established procedures, specialists of the other institutions and organizations can be enlisted to the activities within the framework of state environmental review.
In Ukraine, state environmental expertise is made by:
- The specialists of ecological and expert departments;
- Ecological and expert departments of the Ministry of Environmental Protection of Ukraine and local environmental authorities with participation of specialized organizations, which on a contractual basis make preliminary expert assessment of the examined documentation.
State environmental reviews of activities and projects which pose an increased environmental hazard are made after publication of an Environmental Impact Statement in the mass media, which is arranged by the developers, and submission of documentation with substantiation of the environmental impact assessment to ecological and expert departments.
There are state, public and other types of environmental reviews in Ukraine. State environmental review is made by the structural departments of the Ministry of Environmental Protection of Ukraine and its decision is mandatory. Decisions of public and other types of environmental reviews are of an advisory nature and can be followed voluntarily when taking the decision concerning further exploitation of the object of the environmental review.
The procedure of state environmental review embraces expert examination and assessment of the objects of environmental review, which is made by ecological and expert departments, and the preparation of well-grounded and objective ecological and expert conclusions. As a result, the procedures for state environmental review include:
- Verification of the availability and completeness of necessary materials concerning the objects subject to environmental review, in case of need establishment of ecological and expert committees (groups), preliminary consideration of documentation by the specialists of the relevant research organizations and preparation of suggestions and criticism (preparatory stage);
- Analytical treatment of the materials of environmental review and in case of need – field investigation and subsequent comparative analysis and assessment of the degree of environmental safety, adequacy of environmental information about the objects of environmental review (basic stage), and;
- Generalization of individual expert examinations, environmental information and assessment of environmental implications of the examined activities, preparation of the decision of the environmental review and submission of this decision to the concerned authorities or parties (final stage).
In accordance with provisions of the Law of Ukraine “On Environmental Review” the procedure of environmental review takes from 45 to 120 days subject to the complexity of the problem and the methods of its realization. The starting point of environmental review is the date of submission of the set of necessary materials and documentation to ecological and expert authorities, and in case of need, also the additional environmental information, which may be required in the process of the review. The conclusion of state environmental review should include the assessment of the environmental permissibility and possibility of taking the decision for the object of review and should take into consideration social and economic consequences.
Implementation of a project or an economic activity is prohibited without a positive decision from the state environmental review. In the case of a negative decision from the state environmental review, the developer must improve documentation in compliance with suggestions and criticism stated in the conclusion and to submit the improved materials for additional state environmental review.
The decision of state environmental review is submitted to the agency of Ukrainian investment expertise in order to be generalized and taken into account in the process of preparing the decision of the complex state expertise, or is submitted to the developer in case of state environmental review in a detached order.
When state environmental review is made directly by ecological and expert departments of the Ministry of Environmental Protection of Ukraine, one copy of the decision is submitted to the regional environmental authorities for information and for the purpose of supervision in future.
Legal entities interested in refuting the conclusion of the environmental review or its separate positions should submit a well-grounded application to the local authorities (local self-government bodies), state environmental expertise, etc., which made the environmental review decision . The authorities, which made the decision concerning the organization of the environmental review must consider such applications within a one month period and where grounds exist, make arrangements for the additional state environmental review with participation of independent experts. In the case of rejection to consider such an application, the developer is entitled to apply to the court for remedy. The decisions of state environmental review can be declared invalid in exceptional cases by the courts.
