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101-406: Key types of impact assessments include global assessments (global level), policy impact assessment (policy level), strategic environmental assessment (programme and plan level), and environmental impact assessment (project level). Impact assessments can focus on specific themes, such as social impact assessments and gender impact assessments. IAs can improve legislation by: The department which

202-466: A principle of law is a source of law. This means that it is compulsory, so a court can quash or confirm a decision through the application of the precautionary principle. In this sense, the precautionary principle is not a simple idea or a desideratum but a source of law. This is the legal status of the precautionary principle in the European Union. On the other hand, an 'approach' usually does not have

303-527: A statutory requirement in some areas of law. The concept "precautionary principle" is generally considered to have arisen in English from a translation of the German term Vorsorgeprinzip in the 1970s in response to forest degradation and sea pollution , where German lawmakers adopted clean air act banning use of certain substances suspected in causing the environmental damage even though evidence of their impact

404-449: A test pilot ). In the case of technological innovation, containment of impact tends to be more difficult if that technology can self-replicate. Bill Joy emphasised the dangers of replicating genetic technology, nanotechnology, and robotic technology in his article in Wired , " Why the future doesn't need us ", though he does not specifically cite the precautionary principle. The application of

505-574: A "general principle of EU law". In Case T-74/00 Artegodan , the General Court (then Court of First Instance) appeared willing to extrapolate from the limited provision for the precautionary principle in environmental policy in article 191(2) TFEU to a general principle of EU law. In France, the Charter for the Environment contains a formulation of the precautionary principle (article 5): When

606-502: A "quasi- option effect" which should induce a " risk -neutral" society to favour current decisions that allow for more flexibility in the future. Gollier et al. conclude that "more scientific uncertainty as to the distribution of a future risk – that is, a larger variability of beliefs – should induce society to take stronger prevention measures today." The principle was also derived from religious beliefs that particular areas of science and technology should be restricted as they "belong to

707-705: A body corporate, or for criminal penalty (maximum) of seven years imprisonment and/or penalty of $ 46,200. EIA provisions within Ministerial Authorities in the ACT are found in the Chapters 7 and 8 of the Planning and Development Act 2007 (ACT). EIA in ACT was previously administered with the help of Part 4 of the Land (Planning and Environment) Act 1991 (Land Act) and Territory Plan (plan for land-use). Note that some EIA may occur in

808-755: A context of sustainable development. According to the Law 4/1994 for the Protection of the Environment, the Egyptian Environmental Affairs Agency (EEAA) was restructured with the new mandate to substitute the institution initially established in 1982. At the central level, EEAA represents the executive arm of the Ministry. The purpose of EIA is to ensure the protection and conservation of the environment and natural resources including human health aspects against uncontrolled development. The long-term objective

909-433: A decision-making component" that provide "...an objective basis for granting or denying approval for a proposed development." Justice La Forest addressed his concerns about the implications of Bill C-45 regarding public navigation rights on lakes and rivers that would contradict previous cases.( La Forest 1973 , pp. 178–80) The Canadian Environmental Assessment Act 2012 (CEAA 2012) "and its regulations establish

1010-452: A healthy environment and a healthy economy; and (i) to encourage the study of the cumulative effects of physical activities in a region and the consideration of those study results in environmental assessments." Canadian Environmental Assessment Act Environmental Lawyer Dianne Saxe argued that the CEAA 2012 "allows the federal government to create mandatory timelines for assessments of even

1111-422: A large and increasing number of international treaties and declarations in the fields of sustainable development, environmental protection, health, trade, and food safety, although at times it has attracted debate over how to accurately define it and apply it to complex scenarios with multiple risks. In some legal systems, as in law of the European Union , the application of the precautionary principle has been made

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1212-588: A meeting of environmentalists in 1998, is another example of the strong version. Strong precaution can also be termed as a "no-regrets" principle, where costs are not considered in preventative action. Weak precaution holds that lack of scientific evidence does not preclude action if damage would otherwise be serious and irreversible. Humans practice weak precaution every day, and often incur costs, to avoid hazards that are far from certain: we do not walk in moderately dangerous areas at night, we exercise, we buy smoke detectors, we buckle our seatbelts. According to

1313-412: A predetermined environmental outcome, but rather they require decision-makers to account for environmental values in their decisions and to justify those decisions in light of detailed environmental studies and public comments on the potential environmental impacts. Environmental impact assessments commenced in the 1960s, as part of increasing environmental awareness . An EIA is prepared to estimate

1414-498: A project, based on predicted harms. The Hydropower Sustainability Assessment Protocol is a sector-specific method for checking the quality of Environmental and Social assessments and management plans. The history of EIA in Australia could be linked to the enactment of the U.S. National Environment Policy Act (NEPA) in 1970, which made the preparation of environmental impact statements a requirement. In Australia, one might say that

1515-410: A proposed undertaking; (2) decision making that both guarantees the adequacy of this process and reconciles, to the greatest extent possible, the proponent's development desires with environmental protection and preservation." La Forest referred to ( Jeffery 1989 , 1.2,1.4) and ( Emond 1978 , p. 5) who described "...environmental assessments as a planning tool with both an information-gathering and

1616-543: A publication by the New Zealand Treasury Department: The weak version [of the Precautionary Principle] is the least restrictive and allows preventive measures to be taken in the face of uncertainty, but does not require them (e.g., Rio Declaration 1992; United Nations Framework Convention of Climate Change 1992). To satisfy the threshold of harm, there must be some evidence relating to both

1717-422: A reason for postponing cost-effective measures to prevent environmental degradation." As Garcia (1995) pointed out, "the wording, largely similar to that of the principle, is subtly different in that: it recognizes that there may be differences in local capabilities to apply the approach, and it calls for cost-effectiveness in applying the approach, e.g., taking economic and social costs into account." The "approach"

1818-462: A remote chance of irreparable damage to the ecology, then you shouldn't do it, no matter how great the possible advantages of the action may be. You are not allowed to balance costs against benefits when deciding what to do. As noted by Rupert and O'Riordan, the challenge in application of the principle is "in making it clear that absence of certainty, or there being insufficient evidence-based analysis, were not impediments to innovation, so long as there

1919-487: A significant percentage of projects not completing legally required environmental impact assessments prior to construction. China's State Environmental Protection Administration (SEPA) used the legislation to halt 30 projects in 2004, including three hydro-power plants under the Three Gorges Project Company. Although one month later (Note as a point of reference, that the typical EIA for a major project in

2020-480: Is addressed via bilateral agreements or one-off accreditation of state processes, as provided for in the EPBC Act. The EPBC Act provides a legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places. It defines this as matters of "national environmental significance". The following are the nine matters of such significance: In addition to this,

2121-472: Is completed in a timely manner; (g) to ensure that projects, as defined in section 66, that are to be carried out on federal lands, or those that are outside Canada and that are to be carried out or financially supported by a federal authority, are considered in a careful and precautionary manner to avoid significant adverse environmental effects; (h) to encourage federal authorities to take actions that promote sustainable development in order to achieve or maintain

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2222-462: Is extensively studied by engineers and philosophers. The principle is often used by policy makers in situations where there is the possibility of harm from making a certain decision (e.g. taking a particular course of action) and conclusive evidence is not yet available. For example, a government may decide to limit or restrict the widespread release of a medicine or new technology until it has been thoroughly tested. The principle acknowledges that while

2323-462: Is generally considered a softening of the "principle": As Recuerda has noted, the distinction between the precautionary principle and a precautionary approach is diffuse and, in some contexts, controversial. In the negotiations of international declarations, the United States has opposed the use of the term principle because this term has special connotations in legal language, due to the fact that

2424-571: Is limited". Various interests being represented by various groups proposing the principle resulted in great variability of its formulation: one study identified 14 different formulations of the principle in treaties and non-treaty declarations. R.B. Stewart (2002) reduced the precautionary principle to four basic versions: Carolyn Raffensperger of the Wingspread convention placed the principle in opposition to approaches based on risk management and cost-benefit analysis . Dave Brower ( Friends of

2525-499: Is made of assignment of liability for environmental harm. Strong versions justify or require precautionary measures and some also establish liability for environmental harm, which is effectively a strong form of "polluter pays". For example, the Earth Charter states: "When knowledge is limited apply a precautionary approach ... Place the burden of proof on those who argue that a proposed activity will not cause significant harm, and make

2626-577: Is much wider, and specifically where preliminary-objective-scientific-evaluation indicates that there are reasonable grounds for concern that potentially dangerous effects on the environment, human, animal or [and] plant health may be inconsistent with the high level of protection [for what] chosen for the Community." The January 2000 Cartagena Protocol on Biosafety says, in regard to controversies over GMOs : "Lack of scientific certainty due to insufficient relevant scientific information ... shall not prevent

2727-415: Is not the risk that must be avoided or amended, but a potential risk that must be prevented. Thus, in the case of regulation of scientific research, there is a third party beyond the scientist and the regulator: the consumer. In an analysis concerning application of the precautionary principle to nanotechnology , Chris Phoenix and Mike Treder posit that there are two forms of the principle, which they call

2828-556: Is required whenever there is a possible risk to health, safety, or the environment, even if the supporting evidence is speculative and even if the economic costs of regulation are high. In 1982, the United Nations World Charter for Nature gave the first international recognition to the strong version of the principle, suggesting that when "potential adverse effects are not fully understood, the activities should not proceed". The widely publicised Wingspread Declaration, from

2929-590: Is responsible for the policy proposal usually has to carry out the IA. Although the purpose and orientation of IA procedures differ, IA guidelines in the various jurisdictions all follow a similar set of steps to be followed by desk officers: The analytical steps, which mainly relate to step 2, can be set out as i. Problem definition ii. Definition of policy objectives iii. Development of policy options iv. Analysis of impacts v. Comparison of policy options and recommendation of one option vi. Defining monitoring measures. Throughout

3030-426: Is to ensure a sustainable economic development that meets present needs without compromising future generations ability to meet their own needs. EIA is an important tool in the integrated environmental management approach. EIA must be performed for new establishments or projects and for expansions or renovations of existing establishments according to the Law for the Environment. A wide range of instruments exist in

3131-624: Is used to govern development and approval process, this system is a mixture of the Environmental Management and Pollution Control Act 1994 (Tas) (EMPC Act), Land Use Planning and Approvals Act 1993 (Tas) (LUPA Act), State Policies and Projects Act 1993 (Tas) (SPPA), and Resource Management and Planning Appeals Tribunal Act 1993 (Tas). The EIA process in Victoria is intertwined with the Environment Effects Act 1978 (Vic) and

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3232-704: The Navigable Waters Protection Act and the Canadian Environmental Assessment Act ", along with gutting existing laws and making cuts to science and research, "will be disastrous, not only for the environment but also for Canadians' health and economic prosperity." On 26 September 2012, Leslie argued that with the changes to the Canadian Environmental Assessment Act that came into effect 6 July 2012, " seismic testing , dams, wind farms and power plants" no longer required any federal environmental assessment. She also claimed that because

3333-672: The Environment Protection and Biodiversity Conservation Act 1999 (Cth) for 'controlled actions'. South Australia (SA) The local governing tool for EIA in South Australia is the Development Act 1993 (SA). There are three levels of assessment possible under the Act in the form of an environment impact statement (EIS), a public environmental report (PER) or a Development Report (DR). In Tasmania, an integrated system of legislation

3434-772: The Environmental policy of the European Union . Among them the European Union has established a mix of mandatory and discretionary procedures to assess environmental impacts. Directive (85/337/EEC) on Environmental Impact Assessments (known as the EIA Directive ) was first introduced in 1985, amended in 1997, amended again in 2003 following EU signature of the 1998 Aarhus Convention , and once more in 2009. The initial Directive of 1985 and its three amendments have been codified in Directive 2011/92/EU of 13 December 2011. In 2001,

3535-517: The Lisbon Treaty states that: Union policy on the environment shall aim at a high level of protection taking into account the diversity of situations in the various regions of the Union. It shall be based on the precautionary principle and on the principles that preventive action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay. After

3636-609: The Mackenzie Valley Pipeline . Thomas R. Berger , Royal Commissioner of the Mackenzie Valley Pipeline Inquiry (9 May 1977), worked extremely hard to ensure that industrial development on Aboriginal people 's land resulted in benefits to those indigenous people . On 22 April 2013, NDP MP Megan Leslie issued a statement claiming that the Harper government 's recent changes to "fish habitat protection,

3737-619: The Supreme Court of Canada described environmental impact assessment in terms of the proper scope of federal jurisdiction with respect to environments matters, "Environmental impact assessment is, in its simplest form, a planning tool that is now generally regarded as an integral component of sound decision-making." Supreme Court Justice La Forest cited ( Cotton & Emond 1981 , p. 245), "The basic concepts behind environmental assessment are simply stated: (1) early identification and evaluation of all potential environmental consequences of

3838-639: The Wingspread Conference on the Precautionary Principle was convened by the Science and Environmental Health Network and concluded with the following formulation, described by Stewart Brand as "the clearest and most frequently cited": When an activity raises threats of harm to human health or the environment, precautionary measures should be taken even if some cause and effect relationships are not fully established scientifically. In this context

3939-557: The "strict form" and the "active form". The former "requires inaction when action might pose a risk", while the latter means "choosing less risky alternatives when they are available, and [...] taking responsibility for potential risks." Thomas Alured Faunce has argued for stronger application of the precautionary principle by chemical and health technology regulators particularly in relation to Ti0 2 and ZnO nanoparticles in sunscreens , biocidal nanosilver in waterways and products whose manufacture, handling or recycling exposes humans to

4040-697: The ACT on Commonwealth land under the EPBC Act (Cth). Further provisions of the Australian Capital Territory (Planning and Land Management) Act 1988 (Cth) may also be applicable particularly to national land and "designated areas". In New South Wales, the Environment Planning and Assessment Act 1979 (EP&A Act) establishes two pathways for EIA. The first is under Division 5.2 of the EP&;A Act, which provides for EIA of 'State Significant Infrastructure' projects (from June 2011, this Part replaced

4141-649: The CEAA 2012—which she claimed was rushed through Parliament—dismantled the CEAA 1995, the Oshawa ethanol plant project would no longer have a full federal environmental assessment. Mr. Peter Kent (Minister of the Environment) explained that the CEAA 2012 "provides for the Government of Canada and the Environmental Assessment Agency to focus on the large and most significant projects that are being proposed across

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4242-697: The EIA procedures were introduced at a State Level prior to that of the Commonwealth (Federal), with a majority of the states having divergent views to the Commonwealth. One of the pioneering states was New South Wales, whose State Pollution Control Commission issued EIA guidelines in 1974. At a Commonwealth (i.e. Federal) level, this was followed by passing of the Environment Protection (Impact of Proposals) Act 1974 (Cth) in 1974. The Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) superseded

4343-496: The EPBC Act aims at providing a streamlined national assessment and approval process for activities. These activities could be by the Commonwealth, or its agents, anywhere in the world or activities on Commonwealth land; and activities that are listed as having a 'significant impact' on matters of 'national environment significance'. The EPBC Act comes into play when a person (a proponent) wants an action (often called "a proposal" or "a project") assessed for environmental impacts under

4444-488: The EPBC Act, he or she must refer the project to the Department of the Environment and Energy (Commonwealth). This referral is then released to the public and the relevant state, territory and Commonwealth ministers, for comment on whether the project is likely to have a significant impact on matters of national environmental significance. The Department of the Environment and Energy assess the process and makes recommendation to

4545-493: The Earth ) concluded that "all technology should be assumed guilty until proven innocent". Freeman Dyson described the application of precautionary principle as "deliberately one-sided", for example when used as justification to destroy genetic engineering research plantations and threaten researchers in spite of scientific evidence demonstrating lack of harm: The Precautionary Principle says that if some course of action carries even

4646-568: The Environment Protection (Impact of Proposals) Act 1974 (Cth) and is the current central piece for EIA in Australia on a Commonwealth (i.e. Federal) level. An important point to note is that this federal legislation does not override the validity of the States or Territories environmental and development assessments and approvals; rather the EPBC Act runs as a parallel to the State/Territory Systems. Overlap between federal and state requirements

4747-416: The IA process, methods can be used for support. In recent years governments have increasingly invested in developing and applying methods and tools for IA. Depending on usage, IA methods can be classified as methods for Environmental impact assessment Environmental impact assessment ( EIA ) is the assessment of the environmental consequences of a plan, policy, program, or actual projects prior to

4848-814: The Inquiries Act 1985 (NT). There are four main EIA processes in Queensland. Firstly, under the Integrated Planning Act 1997 (IPA) for development projects other than mining. Secondly, under the Chapter 3 of the Environmental Protection Act 1994 (Qld) (EP Act) for some mining and petroleum activities. Thirdly, under the State Development and Public Works Organisation Act 1971 (Qld) (State Development Act) for 'significant projects'. Finally, under

4949-704: The Ministerial Guidelines for Assessment of Environmental Effects (made under the s 10 of the EE Act). Part 4 of the Environmental Protection Act 1986 (WA) provides the legislative framework for the EIA process in Western Australia. The EPA Act oversees the planning and development proposals and assesses their likely impacts on the environment. In Friends of the Oldman River Society v. Canada (Minister of Transportation) ,( SCC 1992 ) La Forest J of

5050-656: The Party of [I]mport, in order to avoid or minimize such potential adverse effects, from taking a decision, as appropriate, with regard to the import of the living modified organism in question." Pope Francis makes reference to the principle and the Rio Declaration in his 2015 encyclical letter , Laudato si' , noting that alongside its environmental significance, the precautionary principle "makes it possible to protect those who are most vulnerable and whose ability to defend their interests and to assemble incontrovertible evidence

5151-594: The Sustainable Finance Disclosures Regulation (SFDR), which was created with the purpose of unifying climate risk disclosures across the private sector by 2023. It also requires businesses to report on "principal adverse impacts" for society and the environment. Precautionary principle The precautionary principle (or precautionary approach ) is a broad epistemological , philosophical and legal approach to innovations with potential for causing harm when extensive scientific knowledge on

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5252-638: The USA takes one to two years.), most of the 30 halted projects resumed their construction, reportedly having passed the environmental assessment, the fact that these key projects' construction was ever suspended was notable. A joint investigation by SEPA and the Ministry of Land and Resources in 2004 showed that 30–40% of the mining construction projects went through the procedure of environment impact assessment as required, while in some areas only 6–7% did so. This partly explains why China has witnessed so many mining accidents in recent years. SEPA alone cannot guarantee

5353-523: The adoption of the European Commission's communication on the precautionary principle, the principle has come to inform much EU policy, including areas beyond environmental policy . As of 2006 it had been integrated into EU laws "in matters such as general product safety, the use of additives for use in animal nutrition, the incineration of waste, and the regulation of genetically modified organisms". Through its application in case law , it has become

5454-457: The appellate court to stop the planting of Bt eggplant in test fields, saying the impacts of such an undertaking to the environment, native crops and human health are still unknown. The Court of Appeals granted the petition, citing the precautionary principle stating "when human activities may lead to threats of serious and irreversible damage to the environment that is scientifically plausible but uncertain, actions shall be taken to avoid or diminish

5555-519: The application of the principle... decisions should be guided by: (i) careful evaluation to avoid, wherever practicable, serious or irreversible damage to the environment; and (ii) an assessment of risk-weighted consequence of various options". The most significant points of Justice Preston's decision are the following findings: A petition filed 17 May 2013 by environmental group Greenpeace Southeast Asia and farmer-scientist coalition Masipag ( Magsasaka at Siyentipiko sa Pagpapaunlad ng Agrikultura ) asked

5656-510: The assessment is to ensure that decision-makers consider the environmental impacts when deciding whether or not to proceed with a project. The International Association for Impact Assessment (IAIA) defines an environmental impact assessment as "the process of identifying, predicting, evaluating and mitigating the biophysical , social, and other relevant effects of development proposals prior to major decisions being taken and commitments made". EIAs are unique in that they do not require adherence to

5757-889: The components of the environment that are within the legislative authority of Parliament from significant adverse environmental effects caused by a designated project; (b) to ensure that designated projects that require the exercise of a power or performance of a duty or function by a federal authority under any Act of Parliament other than this Act to be carried out, are considered in a careful and precautionary manner to avoid significant adverse environmental effects; (c) to promote cooperation and coordinated action between federal and provincial governments with respect to environmental assessments; (d) to promote communication and cooperation with aboriginal peoples with respect to environmental assessments; (e) to ensure that opportunities are provided for meaningful public participation during an environmental assessment; (f) to ensure that an environmental assessment

5858-482: The country." The 2,000 to 3,000-plus smaller screenings that were in effect under CEAA 1995 became the "responsibility of lower levels of government but are still subject to the same strict federal environmental laws ." Anne Minh-Thu Quach, MP for Beauharnois—Salaberry, QC, argued that the mammoth budget bill dismantled 50 years of environmental protection without consulting Canadians about the "colossal changes they are making to environmental assessments." She claimed that

5959-590: The cultivation of a cautious attitude toward actions that may endanger the future of humanity or the biosphere that supported it. In 1988, Konrad von Moltke described the German concept for a British audience, which he translated into English as the precautionary principle. In economics, the Precautionary Principle has been analyzed in terms of "the effect on rational decision-making", of "the interaction of irreversibility " and " uncertainty ". Authors such as Epstein (1980) and Arrow and Fischer (1974) show that "irreversibility of possible future consequences" creates

6060-583: The decision of the Court of Appeals which stopped the field trials for the genetically modified eggplant. The court is the first in the world to adopt the precautionary principle regarding GMO products in its decision. The Supreme Court decision was later reversed following an appeal by researchers at the University of the Philippines Los Baños. Body Shop International , a UK-based cosmetics company, included

6161-639: The decision to move forward with the proposed action. In this context, the term "environmental impact assessment" is usually used when applied to actual projects by individuals or companies and the term " strategic environmental assessment " (SEA) applies to policies, plans and programmes most often proposed by organs of state. It is a tool of environmental management forming a part of project approval and decision-making. Environmental assessments may be governed by rules of administrative procedure regarding public participation and documentation of decision making, and may be subject to judicial review. The purpose of

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6262-497: The effects of a proposed development or construction project. EIA provides technical evaluations that are intended to contribute to more objective decision making. In the United States, EIA obtained formal status in 1969, with the enactment of the National Environmental Policy Act (NEPA). EIAs have been used increasingly around the world. The number of environmental assessments filed every year "has vastly overtaken

6363-617: The eight matters of national environmental significance, regardless of any other undesirable environmental impacts. This is primarily due to the division of powers between the states and the Federal government, and the Australian Government environment minister not being able to overturn a state decision. There are strict civil and criminal penalties for the breach of EPBC Act. Depending on the kind of breach, civil penalty (maximum) may go up to $ 550,000 for an individual and $ 5.5 million for

6464-402: The evidence that certain animals are sentient sufficient whenever "statistically significant evidence ... of the presence of at least one credible indicator of sentience in at least one species of that order" has been obtained. For practical reasons, Birch says, the evidence of sentience should concern the order , so that if one species meets the conditions of sentience, then all the species of

6565-431: The extreme, such a requirement could involve bans and prohibitions on entire classes of potentially threatening activities or substances (Cooney, 2005). Over time, there has been a gradual transformation of the precautionary principle from what appears in the Rio Declaration to a stronger form that arguably [by whom] acts as restraint on development in the absence of firm evidence that it will do no harm. No introduction to

6666-399: The federal government is entering into "limited consultations, by invitation only, months after the damage was done." The Environmental Impact Assessment Law (EIA Law) requires that an environmental impact assessment be completed prior to project construction. However, if a developer completely ignores this requirement and builds a project without submitting an environmental impact statement,

6767-458: The full enforcement of environmental laws and regulations, observed Professor Wang Canfa , director of the centre to help environmental victims at China University of Political Science and Law . In fact, according to Wang, the rate of China's environmental laws and regulations that are actually enforced is estimated at barely 10%. Environmental Impact Assessment (EIA) EIA is implemented in Egypt under

6868-448: The issue was enlarged to include the assessment of plans and programmes by the so-called Strategic Environmental Assessment (SEA) Directive (2001/42/EC), which was amended by Directive 2014/52/EU of 16 April 2014. Under the EU directive, a compliant EIA must provide certain information in seven key areas: In 2021, ESG reporting requirements changed in the EU and UK. The EU started enforcing

6969-506: The largest and most important projects, regardless of public opposition." "Now that federal environmental assessments are gone, the federal government will only assess very large, very important projects. But it's going to do them in a hurry." Dianne Saxe On 3 August 2012 the Canadian Environmental Assessment Agency designated nine projects: Saxe compares these timelines with environmental assessments for

7070-399: The legislative basis for the federal practice of environmental assessment in most regions of Canada." CEAA 2012 came into force July 6, 2012 and replaces the former Canadian Environmental Assessment Act (1995). EA is defined as a planning tool to identify, understand, assess and mitigate, where possible, the environmental effects of a project. "The purposes of this Act are: (a) to protect

7171-509: The likelihood of occurrence and the severity of consequences. Some, but not all, require consideration of the costs of precautionary measures. Weak formulations do not preclude weighing benefits against the costs. Factors other than scientific uncertainty, including economic considerations, may provide legitimate grounds for postponing action. Under weak formulations, the requirement to justify the need for action (the burden of proof) generally falls on those advocating precautionary action. No mention

7272-505: The matter is lacking. It emphasizes caution, pausing and review before leaping into new innovations that may prove disastrous. Critics argue that it is vague, self-cancelling, unscientific and an obstacle to progress. In an engineering context, the precautionary principle manifests itself as the factor of safety , discussed in detail in the monograph of Elishakoff . It was apparently suggested, in civil engineering, by Belidor in 1729. Interrelation between safety factor and reliability

7373-405: The minister or the delegate for the feasibility. The final discretion on the decision remains of the minister, which is not solely based on matters of national environmental significance but also on the consideration of social and economic impact of the project. The Australian Government Minister for the Environment and Energy cannot intervene in a proposal if it has no significant impact on one of

7474-405: The number of more rigorous Environmental Impact Statements (EIS)." An environmental assessment is a "mini-Environmental Impact Statement (EIS) designed to provide sufficient information to allow the agency to decide whether the preparation of a full-blown Environmental Impact Statement (EIS) is necessary." General and industry specific assessment methods are available including: At the end of

7575-421: The occurrence of any damage, albeit unpredictable in the current state of scientific knowledge, may seriously and irreversibly harm the environment, public authorities shall, with due respect for the principle of precaution and the areas within their jurisdiction, ensure the implementation of procedures for risk assessment and the adoption of temporary measures commensurate with the risk involved in order to preclude

7676-672: The occurrence of such damage. On 18 July 2005, the City of San Francisco passed a precautionary principle purchasing ordinance, which requires the city to weigh the environmental and health costs of its $ 600 million in annual purchases – for everything from cleaning supplies to computers. Members of the Bay Area Working Group on the Precautionary Principle contributed to drafting the Ordinance. The most important Australian court case so far, due to its exceptionally detailed consideration of

7777-513: The only penalty is that the environmental protection bureau (EPB) may require the developer to do a make-up environmental assessment. If the developer does not complete this make-up assessment within the designated time, only then is the EPB authorized to fine the developer. Even so, the possible fine is capped at a maximum of about US$ 25,000, a fraction of the overall cost of most major projects. The lack of more stringent enforcement mechanisms has resulted in

7878-426: The precautionary principle consists of an epistemic and a decision rule. The former concerns the "evidential bar" that should be required for animal sentience. In other words, how much evidence of sentience is necessary before one decides to apply precautionary measures? According to Birch, only some evidence would be sufficient, which means that the evidential bar should be set at low levels. Birch proposes to consider

7979-473: The precautionary principle has been invoked in order to grant potentially sentient animals "basic legal protections". Birch's formulation of the animal sentience precautionary principle runs as follows: Where there are threats of serious, negative animal welfare outcomes, lack of full scientific certainty as to the sentience of the animals in question shall not be used as a reason for postponing cost-effective measures to prevent those outcomes. This version of

8080-453: The precautionary principle in their 2006 chemicals strategy. Fields typically concerned by the precautionary principle are the possibility of: The precautionary principle is often applied to biological fields because changes cannot be easily contained and have the potential of being global. The principle has less relevance to contained fields such as aeronautics , where the few people undergoing risk have given informed consent (e.g.,

8181-422: The precautionary principle suitable for the problem of animal sentience has been proposed by LSE philosopher Jonathan Birch : "The idea is that when the evidence of sentience is inconclusive, we should 'give the animal the benefit of doubt' or 'err on the side of caution' in formulating animal protection legislation." Since we cannot reach absolute certainty with regards to the fact that some animals are sentient,

8282-459: The precautionary principle would be complete without brief reference to the difference between the precautionary principle and the precautionary approach . Principle 15 of the Rio Declaration 1992 states that: "in order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall be not used as

8383-593: The precautionary principle, is Telstra Corporation Limited v Hornsby Shire Council. The principle was summarised by reference to the NSW Protection of the Environment Administration Act 1991 , which itself provides a good definition of the principle: "If there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reasoning for postponing measures to prevent environmental degradation. In

8484-611: The previous Part 3A, which previously covered EIA of major projects). The second is under Part 4 of the EP&A Act dealing with development assessments for local, regional, and State Significant Developments (other than State Significant Infrastructure). The EIA process in Northern Territory is chiefly administered under the Environmental Assessment Act (EAA). Although EAA is the primary tool for EIA in Northern Territory, there are further provisions for proposals in

8585-425: The principle can be seen in the public policy of requiring pharmaceutical companies to carry out clinical trials to show that new medications are safe. Oxford based philosopher Nick Bostrom discusses the idea of a future powerful superintelligence , and the risks should it attempt to gain atomic level control of matter. Application of the principle modifies the status of innovation and risk assessment : it

8686-496: The progress of science and technology has often brought great benefit to humanity, it has also contributed to the creation of new threats and risks. It implies that there is a social responsibility to protect the public from exposure to such harm, when scientific investigation has found a plausible risk. These protections should be relaxed only if further scientific findings emerge that provide sound evidence that no harm will result. The principle has become an underlying rationale for

8787-556: The project, an audit evaluates the accuracy of the EIA by comparing actual to predicted impacts. The objective is to make future EIAs more valid and effective. Two primary considerations are: Audits can be performed either as a rigorous assessment of the null hypothesis or with a simpler approach comparing what actually occurred against the predictions in the EIA document. After an EIA, the precautionary and polluter pays principles may be applied to decide whether to reject, modify or require strict liability or insurance coverage to

8888-653: The proponent of an activity, rather than the public, should bear the burden of proof. In February 2000, the Commission of the European Communities noted in a Communication from the Commission on the Precautionary Principle that "The precautionary principle is not defined in the Treaties of the European Union , which prescribes it [the Precautionary Principle] only once – to protect the environment. But in practice, its scope

8989-492: The range of the impact of human action and, as such, ethics must be modified so that the far distant effects of one's actions should now be considered. His maxim is designed to embody the precautionary principle in its prescription that one should "Act so that the effects of your action are compatible with the permanence of genuine human life" or, stated conversely, "Do not compromise the conditions for an indefinite continuation of humanity on earth." To achieve this Jonas argued for

9090-422: The realm of God", as postulated by Prince Charles and Pope Benedict XVI . Many definitions of the precautionary principle exist: "precaution" may be defined as "caution in advance", "caution practiced in the context of uncertainty", or informed prudence . Two ideas lie at the core of the principle: One of the primary foundations of the precautionary principle, and globally accepted definitions, results from

9191-423: The responsible parties liable for environmental harm." Reversal of proof requires those proposing an activity to prove that the product, process or technology is sufficiently "safe" before approval is granted. Requiring proof of "no environmental harm" before any action proceeds implies the public is not prepared to accept any environmental risk, no matter what economic or social benefits may arise (Peterson, 2006). At

9292-425: The risk of inhaling multi-walled carbon nanotubes. Appeals to the precautionary principle have often characterized the debates concerning animal sentience – that is, the question of whether animals are able to feel "subjective experiences with an attractive or aversive quality", such as pain, pleasure, happiness, or joy – in relation to the question of whether we should legally protect sentient animals. A version of

9393-516: The same meaning, although in some particular cases an approach could be binding. A precautionary approach is a particular "lens" used to identify risk that every prudent person possesses (Recuerda, 2008) On 2 February 2000, the European Commission issued a Communication on the precautionary principle, in which it adopted a procedure for the application of this concept, but without giving a detailed definition of it. Paragraph 2 of article 191 of

9494-430: The same order should be considered sentient and should be thus legally protected. This is due to the fact that, on the one hand, "to investigate sentience separately in different orders" is feasible, whereas on the other hand, since some orders include thousands of species, it would be unfeasible to study their sentience separately. What is more, the evidential bar should be so low that only one indicator of sentience in

9595-425: The second part of the animal sentience precautionary principle, the decision rule concerns the requirement that we have to act once there is sufficient evidence of a seriously bad outcome. According to Birch, "we should aim to include within the scope of animal protection legislation all animals for which the evidence of sentience is sufficient, according to the standard of sufficiency outlined [above]". In other words,

9696-606: The species of a specific order will be sufficient in order for the precautionary principle to be applied. Such indicator should be "an observable phenomenon that experiments can be designed to detect, and it must be credible that the presence of this indicator is explained by sentience". Lists of such criteria already exist for detecting animal pain. The aim is to create analogous lists for other criteria of sentience, such as happiness, fear, or joy. The presence of one of these criteria should be demonstrated by means of experiments which must meet "the normal scientific standards". Regarding

9797-456: The threat." Respondents filed a motion for reconsideration in June 2013 and on 20 September 2013 the Court of Appeals chose to uphold their May decision saying the bt talong field trials violate the people's constitutional right to a "balanced and healthful ecology." The Supreme Court on 8 December 2015 permanently stopped the field testing for Bt (Bacillus thuringiensis) talong (eggplant), upholding

9898-598: The umbrella of the Ministry of state for environmental affairs. The Egyptian Environmental Affairs Agency (EEAA) is responsible for the EIA services. In June 1997, the responsibility of Egypt's first full-time Minister of State for Environmental Affairs was assigned as stated in the Presidential Decree no.275/1997. From thereon, the new ministry has focused, in close collaboration with the national and international development partners, on defining environmental policies, setting priorities and implementing initiatives within

9999-567: The work of the Rio Conference , or " Earth Summit " in 1992. Principle 15 of the Rio Declaration notes: In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation . In 1998,

10100-484: Was inconclusive at that time. The concept was introduced into environmental legislation along with other innovative (at that time) mechanisms such as "polluter pays", principle of pollution prevention and responsibility for survival of future ecosystems. The precautionary principle was promulgated in philosophy by Hans Jonas in his 1979 text, The Imperative of Responsibility , wherein Jonas argued that technology had altered

10201-568: Was no reasonable likelihood of serious harm". Lack of this nuanced application makes the principle "self-cancelling" according to Stewart Brand , because "nothing is fully established" in science, starting from the precautionary principle itself and including "gravity or Darwinian evolution". A balanced application should ensure that "precautionary measures should be" only taken "during early stages" and as "relevant scientific evidence becomes established", regulatory measures should only respond to that evidence. Strong precaution holds that regulation

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