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The Law On The Procedure For Environmental Impact Assessment

Original Language Title: Laki ympäristövaikutusten arviointimenettelystä

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Law on the environmental impact assessment procedure

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In accordance with the decision of the Parliament:

CHAPTER 1

Objective and definitions of law

ARTICLE 1
Objective

The aim of this law is to promote environmental impact assessment and integration into planning and decision-making, while at the same time increasing public access to information and participation.

ARTICLE 2
Definitions

For the purposes of this law:

(1) Environmental impact The direct and indirect effects of the project or activities outside and outside the territory of Finland:

(a) human health, living conditions and amenities;

(b) soil, water, air, climate, vegetation, organisms and biodiversity;

(c) the community structure, buildings, landscape, urban and cultural heritage;

(d) exploitation of natural resources; and

(e) interaction between the factors referred to in points (a) to (d);

(5.3.1999/267)

(2) The environmental impact assessment procedure A procedure under Chapter 2 for the purpose of identifying and assessing the environmental impact of certain projects and consulting the authorities and those whose circumstances or interests may be affected by the project, as well as entities and foundations in which the project The effects may be affected; (8.6.2006/458)

(3) The environmental impact assessment programme The draft plan drawn up by the project responsible for the project and the organisation of the evaluation procedure;

(4) The environmental impact assessment report A document containing information on the project and its options and an integrated assessment of their environmental impact;

(5) For the project The operator or the operator who otherwise is responsible for the preparation and implementation of the project referred to in this Act; (5.3.1999/267)

(6) Contact authority The authority responsible for organising the project's environmental impact assessment procedure; and (8.6.2006/458)

(7) Participation The interaction between the project manager, the contact authority, other authorities and those whose circumstances or interests may be affected by the project, and the interaction between the communities and foundations of which the project may be affected. Environmental impact assessment. (8.6.2006/458)

ARTICLE 3 (5.3.1999/267)
Relationship with other legislation

For the purposes of this law, account shall be taken of the nature of the project and its environmental impact, and shall, as far as possible, be reconciled with the reports required by this law and other legislation. The use of an assessment report under this law as a matter of other law is expressly provided for.

CHAPTER 2

Evaluation procedure

§ 4 (8.6.2006/458)
Scope

The environmental impact assessment procedure shall apply to projects and to the changes to which the implementation of an international agreement requiring Finland is subject to an assessment, or which may lead to significant adverse Environmental impact due to the specific characteristics of nature and the environment in Finland. The projects to be assessed under the environmental impact assessment procedure and their amendments are further specified by the Government Decree.

In addition, the assessment procedure shall apply in an individual case to a project or an essential change to a project already carried out, other than that referred to in paragraph 1, which is likely to cause quality and scope, including different Taking into account the cumulative effects of the projects, significant adverse environmental effects comparable to the effects of the projects referred to in paragraph 1.

In consideration of the importance of the impact in an individual case, in addition to the provisions of paragraph 2, account shall be taken of the characteristics and location of the project and the nature of the effects. The grounds for investigation are laid down in more detail by a decree of the Government.

§ 4a (26.11.2004)
Finnish Economic Zone

This law shall also apply to the Finnish Economic Zone (1058/2004) Within the eez of Finland.

§ 5 (5.3.1999/267)
Relationship with other procedures

In order to coordinate the project evaluation process and the planning of the project, the liaison officer, the municipality or the association and the project responsible for the project shall be in sufficient cooperation.

Subject to the provisions of Chapter 3, the evaluation procedure shall not apply to the project referred to in Article 4 (2) or to the change in the project carried out, if the effects have been clarified in accordance with other law in the manner required by this law; and Have been consulted on all those whose circumstances or interests may be affected by the project, as well as entities and foundations whose activities may be affected by the project. Where appropriate, the contact authority shall evaluate the adequacy of the studies and consultations carried out in accordance with the rest of the law prior to the authorisation of the project or any other comparable decision. (8.6.2006/458)

ARTICLE 6 (22.12.2009)
Decision on the application of the evaluation procedure

The Centre shall decide on the application of the evaluation procedure to the project referred to in Article 4 (2). The decision shall be taken without delay, but at the latest within one month of receipt of sufficient information from the Centre for Enterprise, Transport and the Environment. Before taking a decision, there is a need for adequate consultation between the relevant authorities and an opportunity to be consulted on the project. The decision shall be notified to the project responsible for the management of the project (434/2003) Provides. The decision shall be communicated without delay by alerting the municipal authorities of the likely impact of the project for a period of at least 14 days, in accordance with the law on public alerts (34/1925) Provides. The decision shall also be published electronically and communicated to the relevant authorities.

If the project is located within the territory of several means of life, transport and the Agency, or the Centre for Enterprise, Transport and the Environment will be responsible for the design or implementation of the project, the Ministry of the Environment shall determine which industry, transport and The environmental centres shall decide on the application of the evaluation procedure. No appeal shall be made to the decision of the Ministry of the Environment to appeal.

The Ministry of Employment and the Economy shall carry out the tasks under Article 1 (1). (990/1987) As regards projects relating to nuclear installations.

§ 6a (22.12.2009)
Contact authority

The contact point is the Centre for Enterprise, Transport and the Environment. However, in the case of nuclear installations intended for nuclear energy, the contact point is the Ministry of Employment and the Economy. The division of powers between the industry, the transport and the Agency and the Ministry of Employment and the Economy is laid down in greater detail by the Government Decree.

If the project is located within the territory of several means of life, transport and the Agency, the authorities will have to agree which of them will be the contact point for the project. If there is a lack of clarity about the contact authority or the Centre for Enterprise, Transport and the Environment will be responsible for planning or implementing the project, the Ministry of the Environment will determine which industry, transport and environment centres will be responsible for the project. As the contact point. No appeal shall be made to the decision of the Ministry of the Environment to appeal.

§ 7
Date of assessment

The environmental impact of the project must be clarified in the assessment procedure under this law before any action is taken on the environmental impact of the project.

However, the assessment shall be carried out at the latest before the decision-making referred to in Article 13.

§ 8 (8.6.2006/458)
Initiation of assessment procedure

The project responsible for the project shall submit the evaluation programme to the contact point as early as possible, taking into account the other preparation of the project. The content and structure of the evaluation programme are laid down in greater detail by the Government Decree.

§ 8a (8.6.2006/458)
Consultation on the evaluation programme

The contact point shall ensure that the evaluation programme is kept informed by alerting the local authority of the likely impact of the project for a period of at least 14 days, as provided for by the Law on public alerts. In addition, the alert shall be published by electronic means and at least in one of the publicly dispersed daily newspapers. The content of the alert is regulated in more detail by a decree of the Government.

The contact authority shall also ensure that the evaluation programme is requested to make the necessary opinions and to reserve the possibility of expressing opinions. The contact authority shall provide the municipalities affected by the project with an opportunity to give its opinion on the evaluation programme. Opinions and opinions shall be forwarded to the contact authority during the period indicated in the alert, which shall start from the date of publication of the alert and shall last at least 30 days and not more than 60 days.

The evaluation programme does not need to be communicated if it is manifestly unnecessary in view of the fact that, in other contexts, the project has already been communicated in the manner required by this law, and has consulted those whose circumstances or interests may be affected by the project, and the entities and Foundations for which the impact of the project may be affected.

The timing and content of the notification shall be determined in such a way that the competitive position of the project is not compromised. At the same time, account must be taken of the provisions of Chapter 3 on cross-border environmental impacts.

§ 9
Opinion of the contact authority

The contact authority shall deliver its opinion on the evaluation programme. The opinion shall be given to the project within one month of the end of the time limit for issuing opinions and expressing opinions. In its opinion, the contact authority shall state, where appropriate, how the evaluation programme is to be reviewed. The opinion shall also show how to organise and provide information and consultation of the necessary studies under this law and to coordinate, where appropriate, with other procedures relating to the project. The opinion shall contain a summary of the other opinions and opinions. (8.6.2006/458)

The contact authority shall forward its opinion and other opinions and opinions to the project manager. The opinion shall at the same time be communicated to the relevant authorities. (5.3.1999/267)

The latter shall be entitled to receive the information necessary for the project's environmental impact assessment of the project held by the contact authority.

ARTICLE 10
Evaluation report

The project will assess the impact of the project and its options on the basis of the evaluation programme and the opinion of the contact point and draw up an environmental impact assessment. The evaluation report shall be submitted to the Liaison Authority and shall be accompanied by the application dossier for the project, as provided for in the separate file.

The content and structure of the evaluation report are set out in greater detail by the Government Decree. (8.6.2006/458)

ARTICLE 11 (8.6.2006/458)
Consultation on evaluation report

The contact authority shall provide information on the evaluation of the evaluation report by alerting the local authority of the likely impact of the project for a period of at least 14 days, as provided for by the Law on public alerts. In addition, the alert shall be published by electronic means and at least in one of the publicly dispersed daily newspapers. The content of the alert is regulated in more detail by a decree of the Government.

The contact point shall also ensure that the evaluation report is requested and provides for the possibility of expressing opinions. The contact authority shall provide the municipalities affected by the project with an opportunity to give its opinion on the evaluation report. Opinions and opinions shall be forwarded to the contact authority during the period indicated in the alert, which shall start from the date of publication of the alert and shall last at least 30 days and not more than 60 days.

The information and consultation referred to in paragraphs 1 and 2 may be organised in connection with the information and consultation required under the other law of the project.

Article 11a (8.6.2006/458)
Other participation

In addition to the provisions laid down in Articles 8a and 11, the project manager and the contact authority may also agree on the organisation of information and consultation otherwise.

ARTICLE 12 (8.6.2006/458)
End of the assessment procedure

The contact authority shall give its opinion on the evaluation report and its adequacy. The opinion shall be given within two months of the expiry of the time limit for the submission of opinions and the presentation of opinions. The opinion shall contain a summary of the other opinions and opinions. The evaluation procedure shall end when the contact point provides its opinion and other opinions and opinions for the project. At the same time, the opinion shall be communicated to the authorities responsible for the project, to the municipalities affected by the project and, where appropriate, to associations of provinces and other relevant authorities.

ARTICLE 13
Taking account of the assessment

The Authority shall not grant permission to carry out the project or take any other comparable decision before it has received the opinion of the assessment report and the contact point.

The decision on the authorisation of the project, or any other decision assimilated to it, shall indicate the way in which the assessment statement and the opinion of the contact authority concerned have been taken into account.

CHAPTER 3

Cross-border environmental impact

ARTICLE 14
International tasks

The provisions of this law on the environmental impact assessment procedure also apply if the implementation of an international agreement requiring Finland requires that the environmental impact assessment procedure for a project in Finland be organised In cooperation with another State.

The Ministry of the Environment shall carry out the notification and negotiation tasks relating to the environmental impact assessment under the agreement referred to in paragraph 1.

Where the project is likely to have significant effects on the environment in the territory under the jurisdiction of another State, the contact authority shall, without delay, submit the evaluation programme to the Ministry of the Environment as provided for in the above agreement. For reporting to another State. The Ministry of the Environment shall forward the notification to the other State to the Ministry of Foreign Affairs. (5.3.1999/267)

The notification shall indicate in particular:

1) information on the project;

(2) information on possible cross-border environmental impacts;

(3) information on the assessment procedure and the decision which is relevant to the implementation of the project; and

(4) a reasonable period within which any notification of participation by the authorities, citizens and entities in the assessment procedure shall be submitted to the Ministry of the Environment.

(8.6.2006/458)
§ 15
International consultation

The Ministry of the Environment or its authority shall provide the authorities of the State party to the agreements referred to in Article 14 (1), as well as natural persons and entities, to participate in the The assessment procedure if the environmental impact of the project referred to in this Act is likely to result in the territory of that State.

CHAPTER 4

Outstanding provisions

ARTICLE 16
Control, control and monitoring

General guidance and monitoring of the implementation of the law, as well as the overall development of the assessment, is part of the Ministry of the Environment. Other ministries are responsible for the guidance and monitoring of implementation, as well as the development of evaluation in their areas of activity and may, where appropriate, provide guidance on the evaluation procedure.

The Organ, Transport and Environmental Centres guide and supervise the implementation of this law within its territory. (22.12.2009)

The authorities of the State and local authorities shall cooperate with each other to implement the assessment procedure provided for in this Act and to coordinate the other procedures laid down in the project.

§ 17 (22.12.2009)
Right to appeal on grounds of lack of assessment or lack of assessment

In addition to which the appeal is expressly provided, the economic, transport and environmental centre shall have the right to appeal against the decision of another law in accordance with the other law relating to the project referred to in Article 4 or from the other The essential decision on the ground that the environmental impact assessment within the meaning of this law has not been carried out or is essentially incomplete.

In its appeal, the person who otherwise has the right to appeal against the decision may rely on the fact that the evaluation procedure has not been carried out or has been substantially inadequate.

ARTICLE 18 (22.12.2009)
Forced means

If the implementation of a project in accordance with Article 4 does not require the authorisation or decision referred to in Article 17 (1) and the project is carried out before the environmental impact assessment required by this law is carried out, the economic, transport and environmental centre may: Under threat of a fine, order the completion of the project until the evaluation procedure has been completed. The penalty payment is valid, as in the case of the threat acolysis (1113/1990) Provides.

§ 19 (8.6.2006/458)
Appeals against the decision to apply the assessment procedure

The person responsible for the project may appeal against the decision taken under Article 6 (1) by the choice of a change in the administrative law (18/06/1996) Provides. The competent administrative court is governed by Article 12 of the Law on Administrative Law, but the administrative right, in the event of an unfortunate decision by the Ministry of Transport, Transport and the Environment, is the case in which the main part of the tachograph is concerned. A project or activity is located. (22.12.2009)

The Centre for Enterprise, Transport and the Environment is entitled to apply for administrative and legal proceedings in order to safeguard the integrity of the administrative and legal proceedings by which the Administrative Court has annulled Article 6 of the Administrative Court. The decision taken pursuant to paragraph 1. (22.12.2009)

The decision taken pursuant to Article 6 (1) shall not otherwise be subject to an appeal. However, the parties referred to in Article 17 (2) may appeal against a decision finding that the application of the assessment procedure is not necessary, in the same order and in the same order as that of the other Shall be appealed against, or any other relevant decision for the execution of the project.

§ 20 (21.5.1999)

§ 20 has been repealed by L 21.5.1999/623 .

ARTICLE 21 (8.6.2006/458)
Specific provisions on national defence

Information and consultation under this law may be waived if the information on the project is provided by law on the publicity of the authorities' activities. (18/09/1999) In accordance with the provisions of the Treaty on European Union.

The Ministry of the Environment may decide, on a proposal from the Ministry of Defence, that the eia procedure does not apply to a military project carried out under a stand-by law (180/1991) In exceptional circumstances, if the application of the evaluation procedure would make it more difficult for national defence. No appeal shall be made to the decision of the Ministry of the Environment to appeal.

§ 22
Cost responsibility

The costs of information, consultation and environmental impact assessment, as well as the costs of the translations needed for the assessment of cross-border effects, will be borne by the project.

ARTICLE 23 (8.6.2006/458)
More detailed provisions

The Government Decree lays down more detailed rules on the authorities and their tasks in the context of the environmental impact assessment procedure.

CHAPTER 5

General clearing obligation

§ 24 (8.4.2005)
Programmes and plans

The assessment of the environmental impact of plans and programmes prepared by the authorities is laid down in the law on the assessment of the effects of the plans and programmes on the environment (2011) .

ARTICLE 25
The obligation of professional secrecy

In addition to what is expressly provided for in Article 4, the person responsible for the project referred to in Article 4 shall be sufficiently aware of the environmental impact of the project to the extent that it can reasonably be required.

CHAPTER 6

Entry provisions

§ 26
Entry into force

This Act shall enter into force on 1 September 1994.

Before the entry into force of this Act, measures may be taken to implement the law.

§ 27
Implementing provision

This law shall not apply to a project for which a permit has been issued or which has been issued by a public authority before the date of entry into force of this Act, which shall have been, before 14 January 1994, publicly heard or heard in public The parties to the construction (13,058) , water law (164/61) , the Environmental Authorisation Code (1999) , air protection (1999) , waste law (1072/93) , the Medical Act (169/65) , on certain aspects of the (26/20) , the chemical law (184/89) , the Land Code (555/81) , mining law (103/65) , electrical law (19/79) , the general rules (243/54) , air pneumatic (185/64) , law on the redemption of immovable property and special rights (603/77) , private forest law (12/67) , the Forest Improvement Act (140/87) Or nuclear energy (990/87) In accordance with

THEY 319/93 , YmVM 4/94

Entry into force and application of amending acts:

24.1.1995/59:

This Act shall enter into force on 1 March 1995.

THEY 241/94 , YmVM 14/94

5.3.1999/267:

This Act shall enter into force on 1 April 1999.

Before the entry into force of this Act, measures may be taken to implement the law.

This law shall not apply to a project whose assessment programme has been communicated before the entry into force of this Act by alerting it pursuant to Article 8 of the Law on the Environmental Impact Assessment or on the application for a permit for which it has been informed In public before 14 March 1999 or after consultation with the parties concerned (240/1958) , water law (264/1961) , the Environmental Authorisation Code (195/1991) , air protection (187/1982) , waste law (18/02/1993) Health protection, (763/1994) , on certain aspects of the (26/1920) , the chemical law (19/04/1989) , the Land Code (555/1981) , mining law (103/1965) , the electricity market sector (16/1995) , the general rules (243/1954) , air pneumatic (20,19) , law on the redemption of immovable property and special rights (603/1977) Or nuclear energy (990/1987) In accordance with

THEY 182/1998 , YmVM 8/1998, EV 260/1998 Council Directive 97 /11/EC; OJ L 73, 14.3.1997, p. 5

21.05.1999/623:

This Act shall enter into force on 1 December 1999.

30/1998 , Case 31/1998, EV 303/1998

26.11.2004:

This Act shall enter into force on 1 February 2005.

THEY 53/2004 , UaVM 11/2004, EV 126/2004

8.4.2005/2013:

This Act shall enter into force on 1 June 2005.

THEY 243/2004 , YmVM 1/2005, EV 7/2005, Directive 2001 /42/EC of the European Parliament and of the Council, OJ L 197, 21.7.2001, p. 30

8.6.2006/458:

This Act shall enter into force on 1 September 2006.

Before the law enters into force, action can be taken to enforce the law.

At the Ministry of the Environment, pending the entry into force of this Act, the cases referred to in Article 4 (2) shall be referred to the Regional Environment Agency under this law. However, at the time of entry into force of this Act, the law in force shall continue to apply to the decision of the Ministry of the Environment, the Ministry of Trade and Industry, or the Ministry of the Environment, Trade and The opinion of the Ministry of Industry or the Regional Environment Agency, concluded or issued before the entry into force of this Act.

THEY 210/2005 , YmVM 3/2006, EV 29/2006, Directive 2003 /35/EC of the European Parliament and of the Council, OJ L 156, 25.6.2003, p. 17

22.12.2009/15:

This Act shall enter into force on 1 January 2010.

Before the entry into force of this Act, measures may be taken to implement the law.

THEY 161/2009 , HVM 18/2009, EV 205/2009