Environmental law Flashcards
What is the purpose of the Environmental Impact Assessment (EIA)?
The purpose of EIA is to prevent damage to the environment, especially negative air quality, when a decision has an impact on the environment.
What is the difference between plan EIA and project EIA?
Plan EIA is a strategic environmental assessment that maps environmental effects during preparation (and obligation to monitor), whereas project EIA focuses on the environmental impact of the project or activity.
What is the scope of Project EIA?
The scope of Project EIA includes projects and activities that are likely to have significant effects on the environment.
What is the purpose of Annex I, II, and III in the EIA?
Annex I lists projects that require compulsory EIA, Annex II allows Member States to decide on a case-by-case basis whether an EIA is required, and Annex III contains selection criteria for Annex II projects.
What are the examples of projects listed in Annex I of the EIA?
Examples include crude oil refineries, motorway construction, waste disposal installation, pipelines for the transport of gas, oil or chemicals, and overhead electrical power lines.
What are the examples of projects listed in Annex II of the EIA?
Examples include intensive fish farming, wind farms, urban development projects, and construction of roads and theme parks.
What are the characteristics that Annex III of the EIA includes
The characteristics include the size, use of natural resources, pollution, risk of accidents, location of the project, and the characteristics of the impact, such as the extent, probability, complexity, and duration.
What is the purpose of the Birds and Habitat Directive?
The purpose of the Birds and Habitat Directive is to set goals for EU member states to implement measures for the conservation of natural habitats and wild fauna and flora.
What is the goal of the Natura 2000 network?
The goal of the Natura 2000 network is to create a coherent European ecological network of special areas of conservation and special protection areas.
What are the criteria for the adoption of sites of community importance?
The criteria for the adoption of sites of community importance are the list of natural habitats (Annex I) and habitats of species (Annex II) according to the criteria of Annex III.
What are the characteristics of mitigating measures?
Mitigating measures have regard to the project itself and reduces or
eliminate the adverse effects on the site
o They can prevent an appropriate assessment; these measures can be taken into account when applying art 6 (3)
What are the characteristics of compensatory measures?
Compensatory measures ‘make up’ for the daamge that will be inflicted to the site; it does not reduce the damage that is caused by the project. Can only be taken when the stage of art. 6 (4) is reached.
So it cannot be taken when in the phase of doing an appropriate assessment. So you cannot use the compensatory measure of moving a species in that phase.
What are the different purposes for the EIA as described in Glasson et al.?
- An aid to decision-making
- An aid to the formulation of development actions
- A vehicle for stakeholder consultation and participation
- An instrument for sustainable development
