What is the environmental impact assessment?
The environmental impact assessment is an environmental management tool used in the planning of industry and large-scale objects, infrastructure, issuing activity licences.
The purpose of the environmental impact assessment is to collect and analyse the information necessary for making a decision and to provide solutions to prevent or mitigate an expected significant environmental impact.
The planned activity may have different effects with different scopes and significance. The environmental impact assessment deals only with such effects that may be significant.
NB! The environmental impact is significant if it is likely to:
- Exceed the environmental capacity of the impact area
- Cause irreversible changes
- Endanger human health and well-being, cultural heritage or property.
The environmental impact assessment is provided for in the Environmental Impact Assessment and Environmental Management System Act (KeHJS).
The environmental impact assessment related to planning must comply with the provisions of the Planning Act (PlanS).
- In addition to the option proposed by the planner and a later implementer (hereinafter developer), the environmental impact assessment also assesses the impact of the actual alternative solutions of the proposed activity.
- Where the proposed activity or implementation of a strategic planning document potentially results in significant environmental impact on Natura 2000 site, a so-called the Natura assessment should be carried out during the environmental impact assessment.
- If the proposed activity or strategic planning document is likely to have a transboundary impact, the affected state must be involved in the impact assessment, i.e. a transboundary EIA or a transboundary SEA must be carried out.
The environmental impact assessment is divided into two:
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The Environmental Impact Assessment in a narrower meaning or EIA
The Environmental Impact Assessment (EIA) generally starts with processing an application for an activity licence. The results of the EIA are taken into account when deciding on the granting of an activity licence.
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The Strategic Environmental Assessment, i.e. SEA
The Strategic Environmental Assessment (SEA) is carried out in the preparation of strategic planning documents (SPD) (e.g. plans, development plans, strategists, etc.).
In simple terms, the EIA/SEA procedure includes the following stages:
- An application for a permit is submitted to a holder of the permit/SPD proceedings is conducted.
- The decision-maker needs to find out whether the EIA/SEA is necessary. If necessary, a preliminary estimate takes place.
- The decision-maker initiates the EIA/SEA or fails to initiate the EIA/SEA.
- If the EIA/SEA was initiated, the proceedings of the EIA/SEA are carried out as stipulated in KeHJS/PlanS.
- The permit application/SPD procedure continues.
The EIA is, in certain cases, a necessary part of the proceedings of a development consent/strategic planning document, since it
- Provides the decision-maker with information on the environmental impact of all reasonable alternatives
- Proposes the choice of the most suitable solution
- Helps to avoid or reduce adverse environmental impacts
- Promotes sustainable development.
As an EIA is a public process, all parties interested in the procedure have the opportunity to participate in it and, if interested,
- Examine the environmental impact assessment materials
- Submit reasoned proposals and comments on the disclosed materials
- Participate in a public discussion.
Information system KOTKAS makes possible to examine thease EIA programmes and reports, initiated by the Environmental Board, which are currently publicly displayed.
EIA and SEA reports approved or declared compliant since February 2009 are available in the information system KOTKAS.
The Environmental Board has two roles in the Environmental Impact Assessment procedures
The Environmental Board, as the issuer of development consent (environmental protection permits),
- Decides on the need to initiate the EIA of the proposed activity and, if necessary, initiates EIA of an environmental protection permit application
- Manages the EIA procedure and carries out all the necessary procedural acts, including organising publication
- Checks the compliance of the EIA programme and report with the requirements and makes a corresponding decision.
The initiation of an EIA is decided by the structural unit of the Environmental Board, which processes a specific permit application.
The Environmental Impact Assessment, or EIA, in its narrower meaning
The EIA is required by law in certain cases, but in many cases it starts as a discretionary decision.
The environmental impact is assessed if:
- A development consent is applied for whereby the proposed activity which is the reason for applying for the development consent potentially results in significant environmental impact.
- An amendment to the activity licence is applied for, and the activity which is the reason for the amendment of the activity licence is expected to lead to a significant environmental impact
- An activity is proposed whereby, according to objective information, it cannot be precluded that
- The activity alone or in conjunction with other activities may potentially significantly and adversely affect the protection purpose of a Natura 2000 site
- The activity is not directly related to or necessary for the protection procedure of the site.
- Impact assessment is mandatory if an activities specified in §6 (1) of KeHJS is planned.
- An environmental impact assessment must be considered and a preliminary estimate prepared if the proposed activity is on the list of Regulation No. 224 of the Government of the Republic of 29 August 2005 "A specified list of areas of activities in which a preliminary estimate on the necessity of environmental impact assessment must be given" or among the activities specified in §6 (21) of KeHJS.
The decision to initiate an EIA is made by the authority processing the activity licence, i.e. the decision-maker.
The EIA must provide the decision-maker with comprehensive answers to the questions raised at the initiation and support the developer in their activities.
NB! Upon initiation of an EIA, the processing of an application for an activity licence is suspended until the end of the EIA procedure.
The licence is:
- Building permit
- Use and occupancy permit of a building
- Environmental permit
- Integrated environmental permit
- Radiation practice licence
- Superficies licence
- Other document allowing activities with an expected significant environmental impact.
If the EIA is not mandatory, this does not mean that the EIA is definitely not necessary. Certain activities are expected to have a significant environmental impact, so the initiation of the EIA needs to be considered with a preliminary assessment.
A preliminary assessment of the necessity of the EIA must be given in case of the activities specified in §6 (21) of KeHJS and Regulation No. 224 of the Government of the Republic of 29.08.2005.
The issuer of the applied development consent decides on the necessity of the EIA and provides a preliminary estimate during the procedure of the application.
When applying for an activity licence for the activities specified in §6 (2¹) of KeHJS or Regulation No. 224, the applicant for the activity licence (hereinafter the developer) submits the information specified in §6¹ (1) of KeHJS to the decision-maker. What to describe and where to find data, see the attached table (17.72 KB, DOCX).
NB! There are several exceptions when deciding on the necessity of EIA, which must always be checked from KeHJS.
For example, an impact may not be assessed if the sole purpose of the activity is to ensure national security and the impact assessment may undermine the achievement of this objective. In this example, the Government of the Republic decides on the non-initiation of the EIA.
This exception does not apply if the proposed activity may have an impact on Natura 2000 sites!
When preparing a preliminary estimate, the requirements established in Regulation No. 31 must be taken into account.
The preliminary estimate and the draft decision of initiation/non-initiation of the EIA is sent to the authorities concerned for a position before a final decision is taken. Positions of the participants in the proceedings, whose rights may be harmed by the decision to be made (e.g. developer), are also asked. This ensures that all the significant impacts are certainly considered in providing the preliminary estimate and making a decision.
The choice of the relevant authorities depends on the expected environmental impact of the proposed activity. As a rule, this always includes the local government. The necessity of the EIA is decided on the basis of the preliminary estimate and the position received.
If the Environmental Board has already given a preliminary estimate of the same activity during the processing of another application for an activity licence and has decided not to initiate EIA and the circumstances have not changed significantly, the same preliminary estimate is used again when deciding on the necessity of the EIA. In such case, it is also not necessary to consult the relevant authorities again.
Deadline for preliminary estimate and decision making
The Environmental Board makes a preliminary estimate and decides on the necessity of the EIA during the processing of the application for an activity licence, but no later than on the 90th day after receiving all the information. Although KeHJS gives a deadline for deciding on the necessity of the EIA, the Environmental Board finds out the need to initiate the EIA as soon as possible.
In justified cases, the deadline is extended by notifying the developer in writing. If the procedure for applying for an activity licence lasts up to 90 days and there is no need to initiate the EIA, the Environmental Board provides a preliminary estimate and makes a corresponding decision together with the decision of granting the activity licence. If the procedure for applying for an activity licence lasts longer, the preliminary estimate and the decision not to initiate the EIA are made before the licence is granted.
If the proposed activities are not specified in Regulation No. 224 or §6 (21) of KeHJS, the Environmental Board does not have to give a preliminary estimate or consider the necessity of the EIA.
Pay attention!
- If the sole purpose of the proposed activity is to ensure national security or to solve an emergency situation and impact assessment may harm the attainment of these purposes, environmental impact does not need to be assessed. In this case, the Government of the Republic decides on the non-initiation of the EIA. This exemption does not apply to Natura 2000 sites!
- If the environmental impact of the planned activity has already been thoroughly assessed in the course of some proceedings, the Environmental Board provides a preliminary estimate of whether the earlier estimate is appropriate and whether there is sufficient information to grant an activity licence for the same activity. If this is sufficient, new EIA is initiated. Only one EIA can be initiated when processing the same application for an activity licence.
- EIA must provide thorough answers to the questions raised by the Environmental Board and support the developer in its activities. EIA is not initiated “just in case” or under pressure from the public.
- If EIA is initiated, the processing of the application for an activity licence is suspended until the end of the EIA.
- Normally, EIA is initiated when processing an application for an activity licence. If necessary, EIA is also carried out in the preparation of a construction project or a project for the reclamation of the land disturbed by extraction or before drawing up a landfill closure plan.
After the initiation of the EIA, the developer prepares the EIA programme in cooperation with the leading expert of EIA. A leading expert is a person holding an EIA licence who manages carrying out EIA and is responsible for preparing the EIA programme and report. The EIA programme is a scoping phase where the scope and details of the EIA are agreed.
The program determines:
- To what extent and in how detail the effects are to be assessed
- What assessment methodology is used
- The expected involvement plan and schedule are provided
- A leading expert and/or expert group is approved.
After the completion and disclosure of the programme, the decision-maker declares the EIA programme to be compliance with the requirements.
The report is prepared on the basis of the EIA programme and it must comply with the requirements set out in §20 of KeHJS and Regulation No. 34 of the Minister of the Environment of 01.09.2017 “More detailed requirements for the contents of an environmental impact assessment report”. The EIA report is prepared by the leading expert and the expert group led by him or her and it summarises the results of the impact assessment.
The EIA report
- Explains, describes and assesses the expected environmental impact upon implementation of the proposed activity, and
- Proposes measures to avoid, prevent and mitigate significant environmental impact.
The EIA report is agreed with the relevant authorities prior to the compliance check.
EIA procedure ends with the EIA report being declared to be in compliance with the requirements.
After the EIA report has been declared to be in compliance with the requirements, the procedure for applying for an activity licence continues. When granting an activity licence or refusing to grant an activity licence, the provisions of §24 of KeHJS must be taken into account.
Last updated: 12.04.2024
