Environmental Assessment Environmental Assessment in Newfoundland & Labradorin Newfoundland & Labrador

Environmental Assessment in Federations: Environmental Assessment in Federations: Current Dynamics and Emerging Issues Conference Current Dynamics and Emerging Issues Conference

September 13-15, 2009September 13-15, 2009Ottawa, CanadaOttawa, Canada

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History of EA in NLHistory of EA in NL

• Original Legislation in 1980 with the development of the EA Act and EA Regulations 1984.

• Prior to 1980, province participated in FEARO process conducted by federal government.

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Current LegislationCurrent Legislation

Environmental Protection Act 2002 – Environmental Assessment (Part X)

Environmental Assessment Regulations 2003

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MissionMission

To ensure that when development proceeds, it does so in an environmentally

acceptable manner.

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PurposePurpose

1. To protect the environment and the quality of the life of the people of the province,

2. To facilitate the wise management of the natural resources of the province,

through the institution of environmental assessment procedures before and after the commencement of an undertaking that may be potentially damaging to the environment.

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Environmental Assessment ProcessEnvironmental Assessment Process

A stepwise process that requires proposed undertakings that are potentially damaging

to the environment to be submitted for public and government review to enable

the Minister or Cabinet to determine whether or not they can proceed in an environmentally acceptable manner.

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Environmental Assessment ProcessEnvironmental Assessment ProcessGoals:Goals:

• Promote acceptable development• Facilitate project planning• Ensure environmental protection• Promote informed decision-making• Consult with stakeholders• Help proponents meet requirements

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““Environment”Environment”

• Biophysical– air, land, water– plant & animal life (including human)

• Socioeconomic– social, economic, recreational, cultural and

aesthetic factors

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““Undertaking”Undertaking”

An enterprise, activity, project, structure, work or proposal that, in the opinion of

the Minister, may have a significant environmental effect.

Includes modification, abandonment, demolition, decommissioning, rehabilitation and extension.

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UndertakingsUndertakings

All undertakings as listed in the EA Regulations, Part 3, or any undertakings that may be damaging to the environment are required to be submitted for review.

Such include - agriculture, forestry & logging, mining, electric power generation, waste management, hydro developments, roads and highways, golf courses, and industrial facilities.

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““Environmental Effect”Environmental Effect”

A change in the present or future environment resulting from an undertaking

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Steps in EASteps in EAStep 1: Initial Screening Phase (Registration) Proponent submits copies of a project

description which is reviewed by provincial, federal government departments and CEAA and public (35 days) and comments and advice is submitted to the Minister.

Notice of registration in EA Bulletin and on web page.

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Steps in EASteps in EA

Step 2: Analysis

Information analyzed by the EA Divisional staff (EA Scientists) and recommendation submitted to the Executive and Minister.

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Steps in EASteps in EAStep 3: Minister’s Decision

Due 45 days after submission date of registration.

Minister must decide:1. Release with conditions, if necessary, or 2. Require an Environmental Preview Report, or3. Require an Environmental Impact Statement

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Steps in EASteps in EA

• EPR – based on deficient registration document and lacks readily available information needed to make informed decision.

• EIS – potential exists for significant adverse effects to occur combined with high level of public concern.

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Steps in EASteps in EACabinet can decide: 1. Reject the undertaking due to:

a. unacceptable effectsb. against policy or lawc. in the public interest

2.Require public hearings on an EIS

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Fed/Provincial EA CooperationFed/Provincial EA Cooperation

Why?

• Some proposals trigger both EPA and CEAA – therefore the need to submit additional information to satisfy legislative requirements.

• Avoids duplication. • Promotes information sharing between departments with

overlapping mandates.• More efficient, less costly for proponents to submit one EA

document.• Public review is more efficient and complete. • Ministerial decisions incorporate federal requirements and

information.

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Legislative Provisions for EA CooperationLegislative Provisions for EA Cooperation

• EPA (Section 72) provides authority to enter into agreements on EA cooperation with other jurisdictions.

• No formal EA agreement exists between NL and Canada.

• High degree of informal cooperation with federal departments exists in NL.

• EPA (Section 73) provides authority to establish joint panels with other jurisdictions.

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CEAA and EPACEAA and EPA

Some Contrasts

• Single decision making body (ENVC) versus self assessment regime.

• EPA process contains legislative timelines at every process step• EPA triggers based project type as opposed to CEAA triggers such

as funding, permitting, etc. • EPA examines entire project versus limiting scope based decision

making department. • EPA imposes EA fees on proponents to conduct EA reviews• CEAA has participant funding available on some types of EAs to

enable public participation in EA.

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PrioritiesPriorities

• Upcoming participation in the legislative review CEAA 2010

• Develop policy on aboriginal consultation• Training in areas such a cumulative effects

and Regional Strategic EA

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Environmental AssessmentsEnvironmental Assessments• Current:

15-20 current projects going through screening phase.

Lower Churchill Hydro Generation ProjectLower Churchill Transmission Line Regional Waste Management SitesIron Ore projects in northern Labrador Fluorspar mine on south coast Oil Exploration on Northern Peninsula DND Supersonic TrainingForest Harvesting Plans