Amendments To The Law "on Environmental Impact Assessment"

Original Language Title: Grozījumi likumā "Par ietekmes uz vidi novērtējumu"

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/212506

The Saeima has adopted and the President promulgated the following laws: the law on environmental impact assessment "to make the law" on environmental impact assessment "(Latvian Saeima and the Cabinet of Ministers rapporteur, 1998, nr. 23; 2001, no. 13, no. 15; 2003; 2004, nr. 7; 2005, 20. No; 2007, nr. 14) the following amendments: 1. Express article 1 paragraph 5 by the following:" 5) a cross-border effect: any activity in the territory of the impacts subject to the jurisdiction of the affected country, if a physical cause of this influence fully or partially in Latvian or other public area of jurisdiction. "
2. Make article 3 paragraph 2 by the following: "2) impact assessment is done on the basis of the information provided by the sponsor and the information obtained from the interested State institutions and municipalities, as well as the public participation process, including the proposals submitted from the public;"
3. turn off 3.1 article.
4. Turn off the fifth paragraph of article 4, the word "technical".
5. Replace article 4.1 in the third paragraph, the words "the work report on the impact assessment and the final impact assessment report" with the words "environmental impact assessment report (hereinafter the report)".
6. Supplement to chapter I, article 6.1 as follows: "article 6.1. The impact assessment process terms (1) the national environment service regional environmental administration carried out an initial assessment of impacts of 20 days after the receipt of the application.
(2) if the national environment service regional environmental administration carried out an initial assessment of the impact of the decision, the competent institution of the action for the environmental impact assessment application or non-application shall be taken within 20 days of the initial receipt of the evaluation results.
(3) the competent authority shall issue impact assessment programme (hereinafter the programme) within 30 days after receipt of the request. If the competent institution of the necessary information from the agent, it will extend the program addressed for the period in which the initiator information.
(4) the competent authority shall issue an opinion on the report within 60 days after receipt of the report. If the competent institution in accordance with article 20 of this law the second part requests information from the agent, maturity, opinion is extended for the period in which the initiator information. If necessary, the competent institution in accordance with the administrative procedure law may extend the time limit for the submission of its opinion, but not more than one month.
(5) where the proposed activity in accordance with the law "About specially protected natural areas" need to get the opinion of the European Commission, the opinion of the competent institution shall provide 45 days after receiving the opinion of the European Commission.
(6) the relevant national institution, municipality, or other statutory authority decision on development consent shall be taken within 60 days after this law article 22 agents referred to in the first paragraph in the document. "
7. Express 8.1 article as follows: "article 8.1. The action for the application of national environmental action for the service, which is scheduled to take the Republic of Latvia, the internal maritime waters, territorial sea or exclusive economic zone, the agent logs on the National Environment Department by submitting a written application, which indicates at least two alternatives for the location or technology used. Where the intended operation can significantly affect the European meaning of protected natural areas (Natura 2000), submission indicates all possible solutions with regard to the action for the site and the types of technology to be used. "
8. in article 14: to supplement the first part with the words "as well as on its homepage on the internet at notice of environmental impact assessment the need";
replace the third paragraph, the words "the Cabinet duly published" with the words "on its home page on the internet";
turn off the fourth.
9. in article 15: the expression first and second subparagraph by the following: "(1) If the competent authorities have received a decision that is to be provided for assessment of the impact of the action, at least one local newspaper issued or other local newspaper publishes a notice of the intended action, and the public to submit written proposals on these activities potential environmental impact, as well as inform the individual real estate owners (proprietors), whose real estate bordering the territory. Prosecutors said a statement on a website on the internet electronically shall submit to the competent institution and the municipality, whose administrative territory is scheduled for action.
(2) the competent authority or authorities to which the written request, the administrative territory of the planned action, intended to ensure the actions of the initial impact assessment public consultation. Agents can arrange the initial public consultation on its own initiative. It is entitled to participate in and express their proposals any person. ";
turn off the fourth.
10. in article 16: put the name of the article as follows: "article 16. The development of the programme ";
make the first part as follows: "(1) at the written request of the sponsor, the competent institution shall draw up and forward to the proposed program, which includes environmental protection requirements and regulations, as well as for future impact assessment requires research and institutional measures.";
to make the fourth subparagraph by the following: "(4) the program shall be valid for a period of five years. Prosecutors repeatedly required to issue programs if they have expired, but this law referred to in article 17, the message is submitted to the competent authority. "
11. Express article 17 as follows: "article 17. Report on the impact assessment, the preparation and public consultation

(1) on the basis of the application, the proponent shall prepare a report in accordance with the third paragraph of article and inserts his or its duly authorized website on the internet that report and the notice of the public should have access to that report and the related documents, to submit written proposals and to participate in the public consultation, as well as publish the notice in at least one local newspaper issued or other local newspaper. Agent provides a report available to the public.
(2) the agent to report and statement in paper form and electronically submitted to the respective municipalities that provide for the insertion of your website on the internet and report available to the public. Agent shall submit to the competent institution of electronic communication, it inserts its own homepage on the internet, providing a link to the sponsor's home page also online, where available.
(3) the report shall provide information on: 1) the intended service and possible solutions with regard to the site or the technology used (also for the abandonment of the proposed action);
2) the intended service and possible solutions with regard to the site and the types of technology used (also for the abandonment of the proposed action), if this operation may significantly affect the European importance of protected natural areas (Natura 2000);
3) envisaged and those parts 1 and 2 of the above solution possible impacts on the environment, including on the European significance of the protected natural areas (Natura 2000);
4) technological and other solutions that help to prevent or reduce the adverse effects on the environment, 5) the compensatory measures provided for, if any, shall be determined in accordance with the law "On especially protected natural territories";
6) the results of the public consultation, adding a report on public participation and public proposals submitted and showing how the proposals submitted are taken into account.
(4) the company shall have the right within 30 days after the first publication of the notice referred to in Gazette initiator and send to the competent institution the written proposals or opinions on the report. Public consultation the proponent shall hold at least seven days after the publication of the notice in a newspaper and not later than 10 days before the company's deadline for submission of proposals.
(5) the content of the message and agenda preparation, as well as the order in which the public is informed of the message, and the publication of the notice of the agenda is determined by the Cabinet of Ministers.
(6) it is the responsibility of the Sponsor to ascertain public opinion, promoting their participation in public debates, which can affect the intended action, or interviewing these people.
(7) the proponent, after assessing the public the proposals submitted and the results of the public consultation, including the message specified in the report on public participation and public proposals submitted and showing how the proposals submitted are taken into account. Agents in this report, together with the company's written proposal copies in paper form and electronically submit to the competent institution, as well as insert message in your homepage on the internet.
(8) If, in the course of the preparation of the message agent to decide to withdraw from the activities envisaged, it shall immediately submit to the notice of his decision (paper and electronic) to the municipal administrative territory planned for operation, and the competent institution of that agent a notice on its homepage on the internet. "
12. off 18 and article 19.
13. Express article 20 the following: "article 20. Opinion on a report (1) the competent institution shall consider the report and provide an opinion.
(2) the competent institution may call upon experts for preparation of an opinion and to send a message to the evaluation of the national authorities within the limits of their respective competences, as well as, if necessary, request additional information from the proponent.
(3) the competent institution to provide for the preparation of a written opinion, proposals for correcting deficiencies in the message. The agent provides the current message version availability in your or its duly authorized website on the internet and communication on an updated report electronically for the Government home page on the internet.
(4) if the message does not meet the program requirements of the laws or do not take into account the written proposal of the competent institution in respect of the message, or not carried out public information or public consultation has taken place in accordance with this law and other legislative requirements, the competent institution shall send a report to the processing agent, indicating the inevitable failures, as well as, if necessary, ask the agent to provide public information and public debate.
(5) the cabinet shall determine the order in which the competent institution shall send a report to the proposed revision and give an opinion on the report.
(6) the Ministry of the environment shall prepare an information report and the draft order of the Cabinet of Ministers for submission to Cabinet for a decision in the following cases: 1) where, in accordance with the report submitted by the agent the intended action will adversely affect the European meaning of protected natural areas (Natura 2000), but the intended operation is the only solution to the public interest, also a significant social or economic interest, satisfaction;
2) where, in accordance with the report submitted by the agent for the negative impact of the activities of European interest in protected areas (Natura 2000) common European Union priority species or habitats, but the intended operation is the only solution and the need to protect public health, public safety or protection of the environment or other public interests overriding interests to meet.
(7) the requirements of this article, the information referred to in the sixth paragraph the message is determined by the Cabinet of Ministers.

(8) if the activities will have a negative impact on the European interest in protected areas (Natura 2000) common European Union priority species or habitats and in accordance with the decision of the Cabinet of Ministers for action is the only solution and need another public interest is of paramount importance, the competent authority according to the law "on especially protected natural territories" sends information to the European Commission for an opinion. For the rest of this article is the sixth part of the cases referred to in the application of the measures and compensatory competent authority according to the law "on especially protected natural territories" shall inform the European Commission thereof.
(9) the competent institution shall send its opinion on the report, assessing the impact of proposed participating national institutions, other statutory bodies and local authorities (paper and electronic), place it in your home page on the internet. The competent authority in its home page on the internet about the report and the opinion published in at least one local newspaper issued in the local newspaper or other notification that is provided in the opinion on the report as well as inform you about the possibility to get acquainted with the opinions and reports.
(10) the competent institution of the opinion on the report, if necessary, indicate the conditions under which the action is intended to be or is not allowed.
(11) opinion on the report is valid for three years. If this time is not adopted this law referred to in article 21 of the development, a new impact assessment to be carried out. "
14. in article 20.1: turn in the fifth subparagraph, the word "working";
turn off the sixth paragraph, the words "the end";
turn off 6.1 paragraph, the words "and the newspaper" Latvian journal ";
turn off 6.2 paragraph, the words "working".
15. off article 21, second paragraph, the word "final".
16. Article 22 be expressed by the following: ' article 22. The acceptance (1) in order to receive permission to start the action, the country concerned shall submit to the agent the authority, local authority or other statutory authority to make the application, the competent authorities of the report and the opinion on the report, together with any other specific legislation.
(2) the relevant national institution, a municipality or another statutory body to comprehensively evaluated the report, local authorities and public opinion, and subject to the opinion of the competent authorities on the report, the law prescribed, shall decide on the acceptance or non-acceptance.
(3) If the action is planned to take over the municipal area, it is considered accepted if the decision on the acceptance of this transaction have accepted all the relevant authorities.
(4) If the proposed action is a cross-border effect, the relevant public institution, a municipality or another statutory body to decide the acceptance or non-acceptance, examined in the affected country concerned institutions and public opinion, as well as the results of the consultation.
(5) the decision to accept or not accept the Republic of Latvia, the internal maritime waters, territorial sea or exclusive economic zone provided for accepting the Cabinet.
(6) provided for accepting the Cabinet. "
17. in article 23: make the second paragraph, the first sentence by the following: "relevant national institution, a municipality or another statutory body within three days after the decision to put your website on the internet (if any), and five working days send for publication in at least one local newspaper issued or other local newspaper.";
to make the fourth subparagraph by the following: "(4) If the action plan to be implemented outside the jurisdiction of the territory of Latvia and has been consulted in accordance with this law, the seventh paragraph of article 20.1, the competent institution shall, within five working days after receipt of the information on the decision taken this decision in its place the home page on the internet."
18. in article 14.6: Add to sixth with the sentence as follows: "If the chosen solution are inadequate, the competent institution shall indicate in the opinion of the opposition, be taken into account when deciding on the approval of the programming document.";
Express 7.1 part as follows: "(71) Before the competent authority shall issue an opinion on the Ministry of the environment shall prepare an information report and the draft order of the Cabinet of Ministers for submission to Cabinet for a decision in the following cases: 1) where, in accordance with the developer's environmental reports submitted planning document implementation will have a negative impact on the European meaning of protected natural areas (Natura 2000), but the implementation of this document is the only solution to the public interest, also a significant social or economic interests , in order to satisfy;
2) where, in accordance with the developer's environmental reports submitted for the implementation of programming documents will have a negative impact on the European interest in protected areas (Natura 2000) common European Union priority species or habitats, but the implementation of this document is the only solution and the need to protect public health, public safety or protection of the environment or other public interests overriding interests to meet. "
19. Make article 24, first paragraph as follows: "(1) the proponent is responsible for: 1) completeness and accuracy of the information, as well as on the preparation of the report under this law and other legislative requirements;
2) report implementation of the solution. "
20. off article 26, paragraph 1, second subparagraph, the word "final".
21. To supplement the transitional provisions in paragraph 14 and 15 with the following: "14. Amended article 4.1 of this law, the third subparagraph of article 14 in the first and third subparagraphs, article 20.1 on the fifth, sixth, 6.1 and 6.2 and article 21, in the second paragraph of article 26, paragraph 1 of the second paragraph, as well as amendments to this law, the first paragraph of article 15, article 16 of the fourth part, 17., 20. , article 22 and article 24, first paragraph, point 3.1 of the new version of the article, the fourth paragraph of article 14, article 18 and 19 of the law of the shutdown and complementarity with article 6.1 shall enter into force on January 1, 2011.
15. The Cabinet of Ministers no later than January 1, 2011 will be issued this law article 17 in the fifth subparagraph, article 20 in the fifth and the seventh part, as well as article 22 of the sixth part of these provisions. "
22. Make informative references to the directives of the European Union (4) as follows:

"4) of the European Parliament and of the Council of 30 November 2009. the 2009/147/EC the directive on the conservation of wild birds."
23. To make 25 Annex 1 paragraph by the following: "25. projects that provide for the quarrying of 25 hectares or larger area of 150 hectares, or peat extraction, or larger area."
24. in annex 2: make 1. subparagraph 1 of paragraph by the following: "1) agricultural land use change and forestry category, land transformation if this land area is greater than 50 hectares;";
Add to paragraph 1 of section 8 the following: ' 8) European Union authorised genetically modified crops. "
Express 2. subparagraph 1 of paragraph by the following: "1) project, which provides for the extraction of mineral resources of five acres or larger area of 25 hectares, or peat extraction, or larger area;"
make paragraph 2 subparagraph 3 as follows: "3) mineral extraction, cleaning or deepening of surface water or the Sea (except port proper repair of the original designed deepening depth), if the total extraction volume is 1000 cubic metres and over;"
make paragraph 2 subparagraph 4 b paragraph by the following: "(b)) boreholes for storage of radioactive waste,";
Express 10. subparagraph 3 of paragraph by the following: "3) railway line construction, if the length of one kilometer, and cargo handling equipment and terminal construction, except for the renovation of all these objects (any activity not covered by Annex 1 of this law);";
Express 10. point 11. subparagraph by the following: ' 11) Dam, moles and other buildings construction, where possible in the sea coast, except for a change to the existing maintenance; "
Add to paragraph 10 of section 17 the following: "17) enhancing the coast."
Add to paragraph 8 of 11 after the word "destruction" with the words "or processing";
Add to paragraph 11 to 12. subparagraph by the following: ' 12) buildings and premises construction, reconstruction, renovation and restoration of the Baltic Sea and Gulf of Riga coastal coastal dune Strip. "
The Parliament adopted the law of 10 June 2010.
President Valdis Zatlers in Riga 2010 g. at 30 June