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O processo de Avaliação de Impacto Ambiental (AIA) de projetos e empreendimentos minerais como um instrumento de gestão ambiental: estudo de casos no Quadrilátero Ferrífero (MG) / The Environmental Impact Assessment (EIA) process from mineral projects and enterprises as an environment management tool: case studies in the Quadrilátero Ferrífero (MG)Prado Filho, José Francisco do 22 February 2001 (has links)
No Brasil, a Avaliação de Impacto Ambiental (AIA), devido a exigência legal e por estar vinculada ao sistema de licenciamento ambiental, é o instrumento/procedimento de gestão ambiental mais conhecido. Porém somente após a publicação da Resolução CONAMA 001/86 é que a AIA, por meio da elaboração do EIA/RIMA e sua análise e discussão, passou efetivamente a ser implementada. Apesar de existirem exemplos de aplicação bem sucedida do processo, verifica-se que os resultados esperados não têm sido satisfatórios para o que se pretende com ele. Falhas tanto na elaboração dos EIAs como na condução das demais fases da AIA têm sido verificadas. Empresários vêem o processo de AIA, principalmente a elaboração do EIA/RIMA, como empecilho legal e burocrático. Enfim, têm-se verificado deficiências na condução, na eficácia da AIA e naquilo que se pretende com esse instrumento de política pública, que é a busca da sustentabilidade do desenvolvimento. Alguns o enxergam, inclusive, como um processo falido. Diante desse quadro, o presente trabalho buscou, principalmente com base em documentos disponíveis no órgão ambiental estadual e em informações obtidas junto às empresas, avaliar a eficácia da AIA como instrumento de gerenciamento ambiental junto de empreendimentos minerais localizados no Quadrilátero Ferrífero de Minas Gerais. Os resultados permitem observar, apesar das deficiências verificadas no seu desenvolvimento, que a AIA em função da gestão ambiental foi mais eficaz em alguns casos que em outros, porém em nenhum deles teve desempenho nulo. As principais falhas verificadas estão na análise dos impactos ambientais do projeto, na fragilidade dos levantamentos de dados de base relacionados ao plano de monitoramento e na condução dos planos de monitoramento. Para os empreendedores, a AIA pouco se relaciona com a pretensa certificação ambiental do empreendimento e unanimemente todos consideram, principalmente, a elaboração da AIA como apenas uma exigência para o licenciamento ambiental do empreendimento. / In Brazil, the Environmental Impact Assessment (EIA) is a legal requirement and has being linked to the environmental licensing system. In addition, the EIA has been the most well known tool of environmental management. However, just after the approval of CONAMA Resolution 001/86, the EIA has been implemented through the elaboration of the EIA/RIMA report, its analysis and discussion. Although there are examples of wellsucceed process application, most of the results have been unsatisfactory. This is a consequence of errors both in the EIA\'s design and application.Many entrepreneurs have considered the EIA process, mainly the EIA/RIMA report, as a legal and bureaucratic constraint. Some see it as a tool with a failed process. In fact, a series of deficiencies have compromised the EIA efficiency, the results are expected from its application, and the search for environmental sustainability. Considering the situation described above, the present studies have the objective of evaluating the EIA efficiency as an environmental managing tool in mining companies of the Quadrilátero Ferrífero, Minas Gerais, Brazil. Most of the basic information was obtained from the governmental environmental agency and the mining companies referred to above. The results of this work have allowed to conclude that the EIA, due to different environmental managing effort, has been more efficient in some cases than in others. Nonetheless, no null result was detected. Main deficiencies of the process reside in the analysis of the project environmental impacts, in the fragility of the field data, on the conduction of the monitoring plan, and the way those data are archived. According to the entrepreneurs, the EIA is poorly related to the environmental certification of the project, all of them consider the EIA application just a legal requirement for the project licensing.
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環境管制行政中的科學框架與決策困境:以台灣石化產業環評爭議為例 / The Science Framework and The Decision Making Dilemma in The Environmental Regulatory Administration: the EIA case studies of the Taiwan Petrochemical Projects.施佳良, Shih, Chia Liang Unknown Date (has links)
在經濟發展的過程中,環境污染往往是其代價。石化產業在台灣經濟發展過程中扮演著火車頭的角色,帶動相關產業的勃興,但也帶來日益增加的環境污染與其社會爭議,成為政府部門必須面對的課題。在傳統的環境管制政策當中,科學評估被視為中立、理性客觀之分析技術,能夠有效處理環境問題的方法,其強調專業中立的形象,也與官僚理性所強調的中立性相似。因此這不僅是環境行政程序設計之核心,也是行政正當性的重要來源。但因著環境議題的複雜化、科學不確定性的增加,在行政程序當中,僅著重專家角色的行政程序,相信專家能夠帶來各樣問題的解答,不僅在程序上限制了多元知識類型的進入,既無法共同建構問題、也無法形成決策基礎的一部分;同時行政機關也此程序將決策責任移轉給專家;然而因著科學不確定性,使得專家必須在未知的情況下進行決策,因而使得決策內容會更加保守,讓環境爭議窄化成「如何收集更多資訊」等技術問題。行政機關原欲以專家作為決策正當性的來源,但狹隘的科學想像框架不僅使程序無法有效地處理環境爭議、無法回應來自多元參與者的提問,反而使得決策正當性更加受到嚴重的挑戰。
本研究以國光石化開發案的健康風險議題與六輕工安大火事件兩個案的環評過程為分析案例。在國光石化環評過程,健康風險議題是主要爭議焦點。當時有學者研究指出國光石化營運之後,將對台灣民眾的健康風險帶來重要影響,並指認環評書中所低估或錯估的部分。面對不同的科學研究爭議,環保署依其狹隘的科學框架,欲創制一套評判程序以解決爭議,卻適得其反。與此同時,六輕也在 2010年7 月傳出工安大火事件,地方陸續傳出有吳郭魚、文蛤、雛鴨等大量死亡的農業損失情事,使六輕營運後所造成的環境影響與健康風險問題,受到社會高度矚目。環保署因而要求台塑提出「環境影響調查報告書」進行審查。但環評專案小組因著科學不確定性而難以依科學論證作為基礎做出決策。最終則是以法院判決來作為決策的正當性來源。
本文透過多重資料來源的蒐集,包括田野訪談、環評專案小組會議、專家會議等相關之會議紀錄、相關事件的剪報資料,以及相關會議的參與觀察紀錄等。藉由兩個案的分析,探討行政程序建立在狹隘的科學框架之上時,為何產生行政決策的僵局,探討結構上的侷限與受到的正當性挑戰。並以論述應邁向具社會強健性的知識建構為基礎的開放行政程序,以強化決策正當性的根基。 / The scientific assessment in the traditional environment regulation policy is generally regarded as a rational technique. The common impression of scientific assessment is neutral and specialized, which is similar to the major principle of Bureaucracy, organization by functional specialty, defined by Max Weber. Therefore, the scientific assessment has been not only a foundation of environmental administration procedure, but also a resource of legitimacy. On the contrary, while the government just focuses on the scientific evidence in administrative procedure, there will be the political debates unable to resolve effectively. Because administrative procedure is unable to include multi-knowledge from different stakeholders, administration deal with environmental problems only limits to the sufficiency of scientific evidences. Consequently, administration transfers the responsibility about decision making to the experts committee. But experts committee could not make decision definitely, and the decision would be conservative, because of scientific uncertainty. As a result, the interpretation of environmental problems is narrowed to the proof of causal relationship between pollutants and environmental impacts. Since unknown causal relationships always exist, there will be ongoing arguments and disputes of environmental problems. Taking two examples of the environment impact assessment of a fire accident in the sixth naphtha cracking project in July, 2010, and the KuoKuang Petrochemical Project, 2011, the research analyze the hidden science framework and limitation behind the administrative procedure. The finding is that the technicalization of administration leads to government role shrinking and erodes the legitimacy of decision. In order to strengthen the foundation of legitimacy, administration should rebuild an open administrative procedure to foster socially robust knowledge.
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An evaluation of the development of environmental legislation governing environmental impact assessments and integrated environmental management in South AfricaArendse, Clarice January 2012 (has links)
Magister Legum - LLM
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A critical evaluation of the quality of biodiversity inputs to environmental impact assessments in areas with high biodiversity value : experience from the Cape Floristic Region / Trevor Winston HallatHallatt, Trevor Winston January 2014 (has links)
Biodiversity considerations form an essential component of Environmental Impact
Assessment (EIA), especially in areas with both a high biodiversity value and development
pressure such as the Cape Floristic Region (CFR) in South Africa. Limited research has
been conducted within the South African context on the quality of biodiversity inputs to EIA.
The aim of this research was to evaluate the quality of biodiversity input to EIA in the CFR.
To address this aim, a customised review package was generated to evaluate the quality of
26 Biodiversity Impact Assessment (BIA) reports in the CFR. The results were then
compared with international trends of biodiversity input to EIA in order to show how prevalent
such trends are within an area with high biodiversity value. This comparison showed that the
quality of biodiversity input to EIA in the CFR generally concur with inadequacies identified in
international EIA literature. Typically, significant weaknesses identified during the review
were the lack of public participation and an insufficient evaluation of alternatives. Specialists
also failed to develop adequate monitoring programmes. Furthermore, a very pertinent
limitation was that, in general, assessments are conducted during inappropriate seasons and
over insufficient time periods. However, some variations to the international trends are also
present within the Region. For example, a particular strength was that a precautionary
approach was adopted by most of the specialists to avoid negative impacts on biodiversity.
In addition, specialists did not merely focus on lower levels (species and habitats) of
biodiversity, but incorporated ecological processes in assessment techniques. The
inadequacies identified in this dissertation pose particular challenges for biodiversity
management and conservation practices. The development and implementation of
mechanisms such as Best Practice Guidelines and improved biodiversity related legislation is
proposed to improve biodiversity input to EIA. / M Environmental Management, North-West University, Potchefstroom Campus, 2014
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Vliv výstavby silničního obchvatu Klatov na biodiverzitu / The effect of the construction of road bypasses by Klatovy on biodiversityŠIZLINGOVÁ, Václava January 2012 (has links)
The theme of this thesis was the influence of the construction of ring road Klatovy and adjacent communities on the landscape and biodiversity (fauna and flora). Road bypass Klatovy best solution would be to reduce noise and emission limits for residents of the city center and surrounding villages. The work was described and compared to the previous (1997) and the current status of the territories. The bypass was assessed in terms of impact on landscape and biodiversity based on the evaluation of environmental impact, not only in my own observation, but also according to the results that emerged from the EIA process. Structure was evaluated invertebrate communities epigeických to pass the planned route in all its variants. In the section I and II. bypass was in the process of EIA (1997) and my own observations assessed and evaluated only one option which was selected in the previous period as the most suitable. In section III. bypass has been assessed and evaluated five options V1 - V5. The EIA process has been selected as the most suitable variant V4, both in terms of impact on landscape, biodiversity, and on the population. The suitability of the V4 variant was also confirmed by my own observations. After their evaluation, I concluded that the bypass, although this variant cross turfy stream, but the forest reaches a minimum. The route passes through predominantly agricultural landscape management, which is already burdened in this area the existence of bike paths and rail corridors.
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O processo de Avaliação de Impacto Ambiental (AIA) de projetos e empreendimentos minerais como um instrumento de gestão ambiental: estudo de casos no Quadrilátero Ferrífero (MG) / The Environmental Impact Assessment (EIA) process from mineral projects and enterprises as an environment management tool: case studies in the Quadrilátero Ferrífero (MG)José Francisco do Prado Filho 22 February 2001 (has links)
No Brasil, a Avaliação de Impacto Ambiental (AIA), devido a exigência legal e por estar vinculada ao sistema de licenciamento ambiental, é o instrumento/procedimento de gestão ambiental mais conhecido. Porém somente após a publicação da Resolução CONAMA 001/86 é que a AIA, por meio da elaboração do EIA/RIMA e sua análise e discussão, passou efetivamente a ser implementada. Apesar de existirem exemplos de aplicação bem sucedida do processo, verifica-se que os resultados esperados não têm sido satisfatórios para o que se pretende com ele. Falhas tanto na elaboração dos EIAs como na condução das demais fases da AIA têm sido verificadas. Empresários vêem o processo de AIA, principalmente a elaboração do EIA/RIMA, como empecilho legal e burocrático. Enfim, têm-se verificado deficiências na condução, na eficácia da AIA e naquilo que se pretende com esse instrumento de política pública, que é a busca da sustentabilidade do desenvolvimento. Alguns o enxergam, inclusive, como um processo falido. Diante desse quadro, o presente trabalho buscou, principalmente com base em documentos disponíveis no órgão ambiental estadual e em informações obtidas junto às empresas, avaliar a eficácia da AIA como instrumento de gerenciamento ambiental junto de empreendimentos minerais localizados no Quadrilátero Ferrífero de Minas Gerais. Os resultados permitem observar, apesar das deficiências verificadas no seu desenvolvimento, que a AIA em função da gestão ambiental foi mais eficaz em alguns casos que em outros, porém em nenhum deles teve desempenho nulo. As principais falhas verificadas estão na análise dos impactos ambientais do projeto, na fragilidade dos levantamentos de dados de base relacionados ao plano de monitoramento e na condução dos planos de monitoramento. Para os empreendedores, a AIA pouco se relaciona com a pretensa certificação ambiental do empreendimento e unanimemente todos consideram, principalmente, a elaboração da AIA como apenas uma exigência para o licenciamento ambiental do empreendimento. / In Brazil, the Environmental Impact Assessment (EIA) is a legal requirement and has being linked to the environmental licensing system. In addition, the EIA has been the most well known tool of environmental management. However, just after the approval of CONAMA Resolution 001/86, the EIA has been implemented through the elaboration of the EIA/RIMA report, its analysis and discussion. Although there are examples of wellsucceed process application, most of the results have been unsatisfactory. This is a consequence of errors both in the EIA\'s design and application.Many entrepreneurs have considered the EIA process, mainly the EIA/RIMA report, as a legal and bureaucratic constraint. Some see it as a tool with a failed process. In fact, a series of deficiencies have compromised the EIA efficiency, the results are expected from its application, and the search for environmental sustainability. Considering the situation described above, the present studies have the objective of evaluating the EIA efficiency as an environmental managing tool in mining companies of the Quadrilátero Ferrífero, Minas Gerais, Brazil. Most of the basic information was obtained from the governmental environmental agency and the mining companies referred to above. The results of this work have allowed to conclude that the EIA, due to different environmental managing effort, has been more efficient in some cases than in others. Nonetheless, no null result was detected. Main deficiencies of the process reside in the analysis of the project environmental impacts, in the fragility of the field data, on the conduction of the monitoring plan, and the way those data are archived. According to the entrepreneurs, the EIA is poorly related to the environmental certification of the project, all of them consider the EIA application just a legal requirement for the project licensing.
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An evaluation of the development of environmental legislation governing environmental impact assessments and integrated environmental management in South AfricaArendse, Clarice January 2012 (has links)
Magister Legum - LLM / This study provides an overview of the development of environmental assessment legislation in South Africa since the advent of democracy and critically assesses whether an effective regulatory system is in place. Where necessary and appropriate, the study may include aspects of foreign and international law. This study also aims to provide an overview of the law as it stands by highlighting both the good and bad elements of the law in relation to EIAs and IEMs. It is furthermore aimed at exposing potential grey areas in the law and proposing possible recommendations for improvement
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Comparative analysis of environmental impact assessment compliance by two developers in the Northern Cape province, South AfricaShubane, Mahlatse Juddy 06 1900 (has links)
The study was undertaken to investigate the following: limiting factors faced by the developers in complying with the EIA conditions and to determine whether the various developers comply with the conditions. The study was undertaken by use of questionnaires, site visits, meetings, photographs, group interviews. Trained fields assistants were also used to administer the questionnaires in order to collect data.
Data from two sites were collected between 2012 and 2014 and were intentionally collected in order to provide information regarding the implementation of mitigation measures. The collected data was subjected to SAS (statistical software). Chi-square test for independence was performed in order to compare the differences (Snedecor & Cocharen, 1978) between the two sites.
Based on the results of the study, it is therefore recommended that competent authorities should consider drafting and supplying follow-up guidelines and these guidelines should also apply to all the relevant role players involved. / Environmental Sciences / M. Sc. (Environmental Management)
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Comparative analysis of environmental impact assessment compliance by two developers in the Northern Cape Province, South AfricaShubane, Mahlatse Juddy 06 1900 (has links)
The study was undertaken to investigate the following: limiting factors faced by the developers in complying with the EIA conditions and to determine whether the various developers comply with the conditions. The study was undertaken by use of questionnaires, site visits, meetings, photographs, group interviews. Trained fields assistants were also used to administer the questionnaires in order to collect data.
Data from two sites were collected between 2012 and 2014 and were intentionally collected in order to provide information regarding the implementation of mitigation measures. The collected data was subjected to SAS (statistical software). Chi-square test for independence was performed in order to compare the differences (Snedecor & Cocharen, 1978) between the two sites.
Based on the results of the study, it is therefore recommended that competent authorities should consider drafting and supplying follow-up guidelines and these guidelines should also apply to all the relevant role players involved. / Environmental Sciences / M. Sc. (Environmental Management)
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“Accumulation by Dispossession” by the Global Extractive Industry: The Case of CanadaKinuthia, Wanyee 13 November 2013 (has links)
This thesis draws on David Harvey’s concept of “accumulation by dispossession” and an international political economy (IPE) approach centred on the institutional arrangements and power structures that privilege certain actors and values, in order to critique current capitalist practices of primitive accumulation by the global corporate extractive industry. The thesis examines how accumulation by dispossession by the global extractive industry is facilitated by the “free entry” or “free mining” principle. It does so by focusing on Canada as a leader in the global extractive industry and the spread of this country’s mining laws to other countries – in other words, the transnationalisation of norms in the global extractive industry – so as to maintain a consistent and familiar operating environment for Canadian extractive companies. The transnationalisation of norms is further promoted by key international institutions such as the World Bank, which is also the world’s largest development lender and also plays a key role in shaping the regulations that govern natural resource extraction. The thesis briefly investigates some Canadian examples of resource extraction projects, in order to demonstrate the weaknesses of Canadian mining laws, particularly the lack of protection of landowners’ rights under the free entry system and the subsequent need for “free, prior and informed consent” (FPIC). The thesis also considers some of the challenges to the adoption and implementation of the right to FPIC. These challenges include embedded institutional structures like the free entry mining system, international political economy (IPE) as shaped by international institutions and powerful corporations, as well as concerns regarding ‘local’ power structures or the legitimacy of representatives of communities affected by extractive projects. The thesis concludes that in order for Canada to be truly recognized as a leader in the global extractive industry, it must establish legal norms domestically to ensure that Canadian mining companies and residents can be held accountable when there is evidence of environmental and/or human rights violations associated with the activities of Canadian mining companies abroad. The thesis also concludes that Canada needs to address underlying structural issues such as the free entry mining system and implement FPIC, in order to curb “accumulation by dispossession” by the extractive industry, both domestically and abroad.
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