Citizens ‘ Rights in EIA procedure

Eco education / 02.06.2020

Citizens can influence the decision to start a potentially hazardous environment during the EIA procedure.

The first thing to note is that anyone can do it. A company, public association or special education is not required to participate in the discussions. A citizen has the right to act on his own behalf. And, if desired, you can join to the environmental community for greater efficiency.

There are several possibilities of influence during the EIA procedure in the public.

  • The right to receive information.

Legislation determines that in the process of EIA the full informing of the public is ensured.
The procedure is open and the population has full access to information. The only exception is related to sensitive data that may isolate from the report. Information affecting the environmental impact, quantities and types of emissions and discharges, biological and physical impact, waste and use of natural resources – cannot be recognized as confidential.

The public has the right to familiarize with the report on ATS and annexes not only in the register on the Internet, but also in the areas where it is located. In addition – make copies, photos and extracts from the documents.

Public authorities should provide free access to information relating to the process of accepting a conclusion on EIA.

  • The right to participate in decision-making.

After the notification from the company about the beginning of the EIA, it is possible to send comments and proposals to the responsible State body for the planned activities and information, which should be noted in the report. It may relate to existing impact on the territory, studies that need to be carried out by the enterprise, the level of existing or anticipated pollution.

Citizens may comment on an EIA report: The impact on the territory studied is insufficient or there are negative consequences in it, there is a suspicion of manipulation in the information from the enterprise, there are questions about the possible impact on the nearest settlements and natural environment. Such comments are provided in writing or electronically to the enterprise and the Ministry of Ecology and the relevant division of the RSA. Also – they can be expressed on public hearings. In any of these cases, comments will be examined.

Public hearings are conducted openly. About them inform on the sites of local government, in the register with ATS and local MEDIA. All citizens are allowed to listen freely.

  • Right to answer.

The legislation determines that all comments and proposals of the public necessarily consider the enterprise and the responsible State body. They can be taken into account in whole or in part. Each declined offer should include explanations about the cause.

The company must send the answers regarding the proposals and public comments to the address specified by them. The results of the oral proposals are published on the Minkoenergo website in the register with the EIA in the report on public discussion.

  • The right to appeal and cancel the conclusion with EIA.

The first thing to note is the appeal of processes during the EIA and the abolition of the conclusion can take place only through the court. The grounds for this may be a violation of the procedure or unaccounted public comments and suggestions. Actions or inaction of the authorities during the procedure can also be appealed. Legal entities and citizens can do it. In other words, Hromada residents themselves have the right to submit claims to the court.

Below is a bit of visualization.