Regulations on environmental impact assessment and appraisal of the planning areas in Svalbard
Date FOR 2002-06-28-650
Department Climate and Environment Ministry
Published in 2002 Booklet 7
Commencement 01.07.2002
Edited
FOR 2014-04-04-378 from 01/05/2014
Changes
For
Svalbard
Legal
LOV-2001-06-15-79-Section 47, LOV-2001-06-15-79-section 59
Promulgated
07/02/2002
Corrected 01.14.2014 (map size in attachments)
Short Title
Regulations on planning areas in Svalbard etc.
Chapter Overview:
Chapter I. Definition of planning areas (§1)
Chapter II. Impact (§§ 2-10)
Chapter III. Commencement (§11)
Annex. Plan Area Longyearbyen
Adopted by Royal Decree. 28 June 2002 pursuant to the Act of 15 June 2001 no. 79 on environmental protection in Svalbard (Svalbard Environmental Protection Act) § 47 and § 59, last paragraph. Promoted by the Ministry of Environment (now Climate and Environment Ministry).
Changes: Amended by regulations 20 Dec 2013 No.. 1688, 19 Dec 2013 No.. 1757, April 4, 2014 No.. 378.
Corrections: 08/01/2002 (paragraphs in legal field), 14/01/2014 (map size in attachments ).
Chapter I. Definition of planning areas
§ 1 (planning areas) rules on land use planning in the Svalbard Environmental Protection Act, Chapter VI applies within the following defined planning areas in Svalbard, Longyearbyen, Svea, Ny-Alesund, Barentsburg, Pyramiden and Colesbukta.
Plan areas are shown on maps and included as an annex to the regulation. The maps are kept by the Climate and Environment Ministry, the Governor and plan responsibly.
Climate and Environment Ministry can make changes to the delimitation of areas.
Chapter II. Impact
§ 2 (purpose) The purpose of the EIA is to clarify the effects of a business may have contiguous wilderness, landscape, flora, fauna and cultural heritage. Regulations to ensure that these effects are taken into account during the planning of a project, when assessing whether the measure is appropriate and if so on what conditions it can be completed.
§ 3. (Progress businesses required) Undertakings need permission for Svalbard Environmental Protection Act § 57 or § 58 subsection and that
A)
can get more than negligible effect on the natural environment outside areas or
B)
could have a significant and lasting impact on the environment and society in a plane area
Shall be examined by the developer.
Governor will decide whether a business falls under the first paragraph and may decide that a particular business is necessary to carry out an environmental impact assessment.
If two or more companies each of which does not trigger the assessment obligation in the first paragraph, apply localized within the region, the Governor may impose duty to investigate these if businesses collectively meet the requirements of subsection.
Governor's decision on the assessment obligation under this provision, cf. Svalbard Environmental Protection Act § 59, fourth paragraph, second sentence may be appealed to the Climate and Environment Ministry.
§ 4. (procedural) project owner shall at the earliest possible send Governor prior notification of proposed assessment program. Governor sends the advance notification for consultation. The Governor shall set a reasonable time limit for comments to the prior notification. Limit should not be shorter than six weeks.
In light of the comments prepares and approves the Governor a final assessment program. The study program shall lay down which studies must be performed to elucidate the consequences. The Governor may also decide that the report should include impacts on local settlements and other lawful activities. The Governor shall prescribe the study program within a reasonable time, usually more than ten weeks after the deadline for the advance notification has expired.
Governor should take the necessary steps to facilitate the participation of the relevant authorities and interested parties in advance of the determination of the assessment program.
Prescribed study program transmitted developer, with a copy to those who have submitted comments to the message, along with a summary of how the comments have assessed in relation to the scheduled program.
The developer prepares the EIA according to the study program.
Governor shall submit the environmental impact assessment at the time of application for a permit, ref. Svalbard Environmental Protection Act § 57 or § 58 subsection. The Governor shall set a reasonable deadline for comments on the EIA. Limit should not be shorter than eight weeks.
The Governor may, on the basis of the consultation, require further investigation or additional information before permission is granted.
Governor shall decide whether the EIA can be approved within a reasonable time, usually within six weeks after the deadline for comments on the environmental impact statement has expired.
The developer bears the cost of preparation and disclosure of prior notification, impact assessment and to meet the EIA.
Determination of the study program and approval of environmental impact assessment considered procedural provisions and so can not be appealed.
§ 5. (prior notification and impact assessment for several businesses) If several companies is located in the same area, the Governor may order the preparation of common prior notification and / or joint environmental impact measures.
§ 6. (contents in advance notice) Prior notification pursuant to the Svalbard Environmental Protection Act § 59 subsection provides a brief description of the measure and, on the basis of the information available at the time of notification, the presumed consequences of wilderness, landscape elements, flora, fauna and cultural heritage.
Advance notification shall contain the map where the location of the planned activity and any alternative locations is checked.
Advance notification shall include a proposal for a study program, which covers current issues in relation to the clarification of whether the measure should be implemented and on what conditions this may occur.
§ 7 (content and design of EIA) EIA should according to the Svalbard Environmental Protection Act § 59, second paragraph, on the basis of an approved study program to account for the measure and appropriate alternatives and elucidate possible effects of wilderness, landscape elements, flora, fauna and cultural heritage with regard to what can be done to prevent or mitigate any damage or inconvenience. The impact assessment should also account for the social effects of the measure.
Assessment shall include a description of the direct and indirect consequences of the measure, as well as a compilation of the consequences and a comparison and assessment of impacts of the various options.
Impact assessment shall contain an assessment of the need for further studies before implementation of the measure, and the need for research aimed at monitoring and elucidating the actual effects of the measure.
Impact assessment shall be treated as one overall document and contain the necessary illustrations and maps.
Relevant background material will be available from the Governor.
§ 8. (operation and monitoring of the environmental impact statement) may not be granted permission related to the measure before the assessment obligation.
The grounds for the decision on authorization or decision of refusal shall indicate how the EIA and the comments that have been evaluated and the impact they've had for the decision.
Undertaking shall comply with the conditions of the permit, conduct a regular and effective monitoring of the environment to
A)
assess impacts of ongoing activities, including verification of anticipated impacts, and
B)
facilitate that unforeseen effects can be detected at an early stage.
§ 9. (renewed environmental impact assessment) If the business has not commenced within five years after the permit was issued, must be drawn up new environmental impact assessment. The Governor may exempt new environmental impact assessment, but may require supplemental reports on specific topics or issues.
§ 10. (businesses with transboundary environmental effects) If a measure may have a significant environmental impact in another state, or if another State which may be significantly affected by the measure so requests, the information on the measure and its possible effects in that State sent to the authorities of the State concerned.
Advance notification shall contain information about potential transboundary impacts, how these would be further examined and what decisions impact assessment shall be based.
Chapter III. Commencement
§ 11 (entry into force) This Regulation shall enter into force on 1 July 2002.
Annex. Plan Area for Longyearbyen
