Enforcement of Environmental Impact Assessment

1. Enforcement of Environmental Impact Assessment Jakarta, June 9th 2004

2. Outline • Why Environmental Impact Assessment (AMDAL)? • EIA and Enforcement: some introductory remarks • Realities from other countries

3. EIA, Why Is It needed ? • Over the past two decades, EIA regulations and procedures in many developing countries • EIA ensures that: • Environmental and social concerns are integrated into the design of development projects • Civil society is aware of related environmental/ social impacts … and can take part • Costs of appropriate mitigation measures are incorporated into projects feasibility studies

4. Enforcement and EIA:the mechanics • Legislative and administrative approaches are used to introduce EIA into the development planning process: • Legislation creates a mandate to apply EIA as an environmental management tool • Administrative procedures establish who does what, when and how • Environmental standards contained in technical guidelines (air, water, soil, biodiversity) • Enforcement implies: • administrative procedures are followed • environmental standards are achieved • EIA not necessarily positioned to effectively reduce negative impacts of development

5. Enforcement and EIA: a broad view • Important to maintain a broad definition of enforcement • Legal frameworks • Institutions • Human capacity • Sanctions may work, but only where the broader system is healthy

6. Enforcement and EIA: the constraints

7. EIA and Enforcement in Asia: An Overview

8. Summary • There are no quick fixes • The development planning framework is critical • Enforcement should be defined broadly, rather than narrowly