The Legal Process

of Environment
Impact Assessment
(EIA)
 Background:

• Human activities for over centuries have resulted in the depletion and degradation of
environment. The environment is utilized for numerous purposes , a few examples being
large scale commercial developments, economic developments, housing and farming.
• At the rapid growth of population and advancements there is a need for proper planning,
relevant insight and information when it comes to developments.
• Developments must be thoroughly researched on and the negative consequences must
be outlined prior to the actual development. This is where the Environment Impact
Assessment (EIA) comes in place.
 What is EIA?
• The EIA is a tool which is used to identify environment, social and economic impacts of a
project proposal prior to its approval or rejection. An EIA is an assessment of a planned
activity on the environment prior to its actual development.
• In Fiji the EIA is seen as a preventative measure with the process of identifying, predicting,
evaluating and mitigating harmful aspects of a developmental proposal.
• In Fiji, an EIA is a requirement under the Environment Management Act 2005.
Functions of EIA?
• Studies the effects of a proposed action
• Compares alternatives of a proposal in terms of the financial cost, benefits and environmental
impacts
• Attempts to weigh, evaluate and predict environmental effects, financial costs and the overall
benefits of the project.
• Aids relevant authorities in decision making to either approve or reject the proposal

Why predict?
Predictions are necessary in EIA as most developments are novel and there are usually limited to no
precedent set. Moreover, predictions are also necessary because the nature of science is always
evolving, thus, there are limited certainties as to the benefits and detrimental impacts of a development
to the long term impact of a development to the environment and climate.
 Legal Process of EIA:
There are eight (8) steps when it comes to the process or guidelines of EIA in Fiji. These
include:
Step 1 Screening
Step 2 Scoping
Step 3 EIA Study
Step 4 Review of the EIA Report
Step 5 EIA Report Approval and Environmental Bonds
Step 6 Appeal System
Step 7 Compliance
Step 8 Monitoring
Step 1 Screening
• Screening is done to determine whether EIA is required for development. Screening sorts development proposals into 3 categories such as:
• Category 1 proposals which require EIA to be sent to the Administrator at the Ministry of Environment and includes proposals which will
drastically affect the environment through ways such as the erosion of coastline, foreshore, beaches, pollution of marine waters, freshwater
bodies, the contamination or degradation of agricultural land or area, a proposal for construction of a dam, artificial lake, hydro-electric
scheme or irrigation project, proposal for heavy industrial development or noxious industrial development and a proposal for commercial
logging or for a saw milling operation etc.
• Category 2
• Includes proposals which require EIA and must be processed by the approving relevant authority.
• Some examples of proposals under category 2 include but are not limited to are proposals which could possibly endanger or degrade public
health or sanitation, destroy important cultural resources such as archaeological sites, cemeteries, historic sites and landmarks proposals for
a residential subdivision of not more than 10 lots; a proposal for civic or community development; a proposal for general commercial
development and a proposal for general industrial development
• Category 3
• Includes development proposals which do not require an EIA unless required by an EIA administrator. This category includes proposals on a
small scope such as but not limited to a proposal for the construction of a single family residential building in an approved residential
development area which does not drastically harm the environment on a large scale.
 Step 2: Scoping
• The primary objective of scoping is to identify any possible environment impacts
for further assessments.
• Scoping identifies all possible environmental impacts which a developmental
project may cause.
• Scoping covers formal and informal meetings with people possibly affected by
the project either directly/indirectly.
• Scoping increases local, regional and national awareness on the project and the
environmental concerns while facilitating a quick analysis and data collection.
• A scoping meeting may be organized by the consultant on behalf of the proponent
or the environmental officer.
 Step 3: EIA Study
•The EIA study assesses potential environmental issues which may be a result of the project. The study will then develop appropriate methods
to further resolve or mitigate potential environmental issues. An EIA report can be lodged with a relevant processing authority at the end of
the study and the format of the EIA includes:
1. Title of the project - the type of project proposed as well as specific location.
2. Project Initiator -clear statement on who is the public/private organization or individual responsible for a project and who is the person
preparing the EIA Project
3. Project Description - scope of project and other details such as the raw materials which will be utilized, the assumed energy consumption,
the land used, the water, labour investment, special infrastructure requirements..
4. Description of Existing Environment - this is the general description of the baseline characteristic of existing environment
5 Impacts on the environment - this is the most significant aspect of the EIA as it will address matters such as whether the development will
present adverse or beneficial effects, if the impacts will be directly or indirectly detrimental, whether the impacts are unavoidable, whether the
impacts are short term/temporary or permanent as well as other risk assessments.
6 Mitigation - these are simply mitigation factors which prevent or minimize detrimental environmental impacts.
7 Monitoring - Parameters to be monitored by the persons involved in the EIA and who will the report be submitted to
8 Summary and conclusion - Summary of environmental impacts of the proposal and steps taken to address or mitigate the environmental
impacts.
9 Reference - List down sources utilized for the EIA report
10 Responsibility of report - report should be dated and signed by developers or representatives who takes full responsibility of the contents of
the EIA report.
 Step 4: Review of the Report

The review of the report despite being technical is open for the
general public as well interested organisations.
The review of the report requires careful analysis and includes the
following:
The description, the coverage of the EIA and the assessed approach,
the impact prediction, mitigation and monitoring, evaluation, the
careful communication of impact information followed by a
responsibility clause. These are similar to the format of the EIA and
form a checklist.
 Step 5 EIA Report Approval and Environmental Bonds

• The approving authority under step 5 will enter a formal approval

of the EIA report in the Environmental Registry.
• An approval may impose a requirement that a bond be lodged with
the Environment Trust Fund to cover the estimated cost of
preventing, mitigating or rehabilitating any environmental damage
to the site and its surroundings.
 Step 6 Appeal System
• Any developer who disagrees with the decision of the Administrator or
approving authority may appeal to a permanent secretary of the department of
environment and if need be can further appeal to the Environmental tribunal.
• The appeal system allows the developer to challenge the decision of the
Administrator and argue points which favour the developers proposal
development.
 Step 7 Compliance
• Compliance refers to implementation of the Environment Management
Plan (EMP). The EMP outlines environmental protection as well as
other measures which can be possibly taken to adhere to environmental
conditions, laws and regulations to decrease harmful impacts caused by
the developmental project.
 Step 8: Monitoring

• Under monitoring an environment management and monitoring committee

comprising of numerous representatives from sectors such as the ministry of
environment, local authority, EIA consultants as well as other relevant
minsters will monitor the phases of project development. This step allows
relevant authorities to oversee that development is in accordance to the EIA
report.
Conclusion:
Ultimately, the EIA proves to be a very valuable resource when it comes to
assessing development projects. The EIA not only considers the alternatives
of a project but significantly considers the impacts of the project on the
environment and the climate. Although science is constantly evolving there are
numerous research which backup the fact that human activities impact impact
the environment negatively and cause detrimental effects in the long term.
Therefore, the EIA assists in ensuring that new development proposals are
environmentally sound and sustainable in the long term for the environment
and the climate as a whole.