Part 4 Environmental Impact Assessment

Section 46
For the purpose of environmental quality promotion and conservation, the Minister shall, with the approval of the National Environment Board, have the power to specify, by notification published in the Government Gazette types and sizes of projects or activities, likely to have environmental impact, of any government agency, state enterprise or private person, which are required to prepare reports on environmental assessment for submission to seek approval in accordance with section 47, section 48 and section 49.

In the notification issued according to the first paragraph, procedures, rules, methods and guidelines shall be laid down for the preparation of environmental impact assessment report for each type and size of project or activity, including related documents that are required to be filed together with the report.

In case there has been an environmental impact assessment concerning project or activity of any particular type or size, or site selection for such project or activity in any particular area and such assessment can be used as a standard assessment applicable to the project or activity of the same type or size or to the site selection of such project or activity in the area of similar nature, the Minister may, with the approval of the National Environment Board, issue a notification in the Government Gazette exempting such project or activity of the same or similar nature from the requirement of environmental impact assessment, provided that the proponent of such project or activity shall express its consent to comply with various measures prescribed in the environmental impact assessment report which is applicable as the standard for assessment of such project or activity in accordance with the rules and methods specified by the Minister.

Section 47
In case the project or activity which is required to prepare the environmental impact assessment according to section 46 is the project or activity of a government agency or of a state enterprise or to be jointly undertaken with private enterprise which is required the approval of the cabinet in accordance with official rules and regulations, the government agency or state enterprise responsible for such project or activity shall have the duty to prepare the environmental impact assessment report at the stage of conducting a feasibility study for such project, such report shall be filed with the National Environment Board for its review and comments and then submitted to the cabinet for consideration.

In considering to give approval to the environmental impact assessment report filed according to the first paragraph, the cabinet may as well request any person or institution, being an expert or specialized in environmental impact assessment, to study and submit report or opinion for its consideration thereof.

For project or activity of government agency or state enterprise which is not required to be approved by the cabinet according to the first paragraph, the government agency or state enterprise responsible for such project or activity shall prepare and file the environmental impact assessment report in order to obtain approval prior to the initiation of such project or activity in accordance with the rules and procedures as provided by section 48 and 49.

Section 48
in case the project or activity which is required by section 46 to prepare the environmental impact assessment report is the project or activity which is required by law to obtain permission prior to construction or operation, the person applying for the permission shall have the duty to file the environmental impact assessment report with the permitting authority under such law and with the Office of Environmental Policy and Planning simultaneously. The report to be filed as aforesaid may be made in the form of an initial environmental examination (I.E.E.) in accordance with the rules and procedures determined by the Minister pursuant to section 46, second paragraph.

The official who is legally authorized to grant permission shall withhold the granting of permission for the project or activity referred to in the first paragraph until having been notified by the Office of Environmental Policy and Planning of the result of consideration pertaining to the review of the environmental impact assessment report in accordance with section 49.

The Office of Environmental Policy and Planning shall examine the environmental impact assessment report and related documents filed therewith. If it is found that the report as filed is not correctly made in accordance with the rules and procedures specified by virtue of section 46, second paragraph, or the accompanied documents and data are incomplete, the Office of Environmental Policy and Planning shall notify the person applying for permission who files the report within fifteen days from the date of receiving such report.

In case the Office of Environmental Policy and Planning finds that the environmental impact assessment report together with related documents as filed is duly made and completed with the data as required, or has been duly amended or modified in accordance with the foregoing third paragraph, it shall review and make preliminary comments on the report within thirty days from the date of receiving such report in order that the report together with the preliminary comments shall be referred to the committee of experts for further consideration.

The appointment of the committee of experts according to the foregoing fourth paragraph shall be in accordance with the rules and procedures determined by the National Environment Board. The committee shall be composed of expert members who are qualified or specialized in various fields of related disciplines and the authority legally competent to grant permission for the given project or activity under review, or its representative, shall be included in its membership.

Section 49
The review and consideration by the committee of experts according to section 48 shall be carried out within forty-five days from the date of receiving the environmental impact assessment report from the Office of Environmental Policy and Planning. If the committee of experts fails to conclude its review and consideration within the said period, the report shall be deemed to have been approved by it.

In case the committee of experts approves or is deemed to have given approval to the report, the official legally empowered to grant permission shall accordingly order that the permission be granted to the person who applies for it.

In case approval of the report is denied by the committee of experts, the permitting authority shall withhold the granting of permission to the person applying for it until such person will resubmit the environmental impact assessment report that has been amended or entirely redone in conformity with the guidelines and detailed requirements determined by the order of the committee of experts.

When such person has resubmitted the environmental impact assessment report that has been amended or entirely redone, the committee of experts shall review and conclude its consideration within thirty days from the date of receiving the resubmitted report, If the committee of experts fails to conclude its review and consideration within the said period, it shall be deemed that the committee has approved the report and the permitting authority shall accordingly grant permission to the person who applies for it.

In case it is deemed reasonable the Minister may issue notification in the Government Gazette requiring that the project or activity of the type and size specified by the notification issued by virtue of section 46 also file the environmental impact assessment report when the application is made for renewal of permission for such project or activity in accordance with the same procedures as applicable to the application for the permission.

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