Environmental Impact Assessment (EIA) is an important step in obtaining permits for subsoil use. The environmental impact assessment procedure is mandatory for subsoil use facilities and helps to ensure environmental safety and ensure the rational use of natural resources.
The result of the environmental impact assessment procedure is a positive environmental impact assessment conclusion, which allows the subsoil user to start extraction activities and conduct business.
The environmental impact assessment procedure for subsoil use in Ukraine is regulated by the Law of Ukraine "On Environmental Impact Assessment" №2059-19 від 23.05.2017 (hereinafter referred to as the EIA Law). It was adopted as part of Ukraine's integration into European environmental legislation.
It is worth noting that the EIA Law is based on the Directive 2001/42/EC of the European Parliament and of the Council on the assessment of the effects of certain plans and programmes on the environment, which is Ukraine's obligation under the Association Agreement with the European Union.
What is an EIA?
An environmental impact assessment is a procedure that a subsoil user undergoes to assess the impact of its activities on the environment.
The main stages of the environmental impact assessment can be described as follows:
Preparatory stage. The subsoil user prepares documents for the environmental impact assessment (independently or with the assistance of specialists), draws up a notification and submits it through the electronic cabinet of the EIA register. This notification is processed by the authority that conducts the environmental impact assessment procedure. These bodies are the Ministry of Environmental Protection and Natural Resources of Ukraine or the relevant structural unit of the regional state administration.
Application review stage. The relevant state authority reviews the notification of the start of the company's planned activities and decides whether to proceed to the next stage.
The stage of public discussion. In order to take into account the public opinion, proposals and comments on the planned activities prepared by the subsoil user for the environmental impact assessment are publicly received. Public organisations have 30 days to do so from the date of registration of the notification in the EIA register.
Report development stage. At this stage, environmental studies and scoping are carried out on the object of the planned activity. Inquiries are also sent to various government agencies and processed by the report's authors. In particular, proposals and comments from the public are considered, which should be taken into account in the EIA report.
The stage of reviewing the environmental impact assessment report. The institution reviews the report prepared by the subsoil user and decides on the possibility of carrying out the planned activity, taking into account the proposed environmental impact mitigation measures.
The stage of issuing a conclusion. In case of a positive decision, the institution issues an environmental impact assessment conclusion, which contains a list of actions that can be taken by the subsoil user. The conclusion will contain environmental conditions that limit the impact on the environment and ensure its protection.
The monitoring stage. If necessary, the subsoil user is obliged to carry out post-project monitoring of activities.
Environmental impact assessment procedure in Ukraine: key points
First of all, the environmental impact assessment procedure helps to determine the nature and intensity of possible impact on all components of the environment in the course of the planned activities of the extractive enterprise. That is why, when going through the environmental impact assessment procedure, it is necessary to take into account all the specifics of business activities and comply with the procedure for conducting an environmental impact assessment.
According to Ukrainian legislation, subsoil use objects are divided into categories depending on their significance for the national economy, the degree of complexity of mineral extraction, their location and the degree of environmental impact.
In Ukraine, subsoil use objects are classified into the following groups:
Objects of the first group are facilities that are of particular importance for the country's economy, environment and social sphere. These include, for example, oil and gas facilities, metal mining and processing facilities, coal, ore and construction materials. Such facilities are subject to mandatory state regulation and control, as well as environmental impact assessment procedures.
Objects of the second group facilities that are of lesser economic and social importance, but may have a significant impact on the environment or human health. Such sites include, for example, deep drilling, quarries, sands and clays for construction, coal and other resources, and mineral processing. Activities at such sites must comply with the environmental protection requirements established by law.
Environmental impact assessment: price and duration of the procedure
The cost of the environmental impact assessment procedure for subsoil use facilities starts from UAH 300,000. However, the final cost of the service is determined individually. It depends on the area of the subsoil plot, the type of mineral, the scope of work and the specific conditions of the region of Ukraine.
Сriteria for assessing the environmental impact of subsoil use are usually defined at the legislative level and depend on the specific conditions and context in which subsoil use takes place. However, in general, the following criteria can be identified:
Geographical and climatic features of the region where the planned activity will be carried out.
The degree of risk of accidents and disasters related to subsoil use.
Type of mineral and method of its extraction.
Impact on public health and the life of animals and plants in the area.
The number and scale of construction of facilities for the extraction and processing of minerals.
The impact on the social and economic spheres of the region, including employment, income, infrastructure development, tourism, etc.
The extent and nature of resource, energy and water use.
Measures to rehabilitate the subsoil area upon completion of works and restore the territories after anthropogenic impact.
Impacts on the environment, including air, water, soil, biodiversity, landscapes, atmospheric phenomena and climate.
The degree of compliance of the subsoil use project with national and international standards and norms.
Taking into account all these criteria, an environmental impact assessment is carried out, which helps to make decisions on the subsoil user's activities and minimise its negative impact on the environment.
The EIA procedure can take from 4 months to 1 year.
The EIA procedure is carried out by specially authorised organisations that have the necessary qualifications and certificates to conduct EIA. For extractive enterprises, these organisations may be research institutions, expert companies, environmental assessment organisations, etc.
In addition, according to the law, EIA is carried out at the expense of the customer, i.e. the person who plans to engage in extractive activities. However, it is worth noting that the customer is not entitled to choose the organisation that will conduct the EIA, as this may lead to a conflict of interest and negatively affect the results of the assessment. The customer may submit an application for EIA to the executive authorities responsible for regulating subsoil use and, based on their recommendations, select an appropriate organisation.
Development of an environmental impact assessment report: our advantages
Thus, environmental impact assessment of subsoil use is a procedure that allows to identify possible environmental impacts of mineral extraction and develop measures to reduce or avoid negative impacts.
In order to properly conduct an environmental impact assessment for a subsoil use site, it is necessary to have adequate knowledge of the characteristics of the area, including geological, hydrological, climatic, ecological and socio-economic aspects.
The environmental impact assessment of subsoil use is an important stage in the activities of subsoil users and must be carried out in accordance with the requirements of applicable laws and regulations. That is why the team of Geological Investment Group LLC employs specialised ecologists, geologists and lawyers who support all stages of the EIA procedure for all categories of planned activities defined by the Law of Ukraine "On Environmental Impact Assessment".
Cooperation with us includes the following stages:
Consultation, where the subsoil user provides all the necessary information about the planned activity (enterprise).
Fulfilment of the conditions stipulated in the agreement and necessary for the successful completion of the EIA procedure for the extractive company.
Analysis of environmental risks and providing recommendations.
Writing the EIA report, taking into account the recommendations and comments of the public.
Conclusion of a cooperation agreement.
Obtaining the EIA Conclusion.
Our team has already helped many Ukrainian companies operating in the field of subsoil use and extracting minerals of national and local importance to successfully complete the EIA procedure.
In addition, the team of the Geological Investment Group regularly takes specialised courses to improve their skills, which contributes to the most professional performance of work in this area.
