Public environmental review: in what cases, examples

The term "public environmental review" first began to be used in the late 80's. last century. Initially, the concept was interpreted in a very broad sense. Currently, the term is enshrined in law. Let us further consider what constitutes a public environmental review, by whom and under what conditions.

General information

Public environmental review is carried out at the initiative of citizens and public associations. The initiators of the procedure may be territorial authorities. The performers are public organizations whose main area of ​​activity is nature conservation.

goal

Public environmental review is organized and conducted to prevent the adverse impact of the proposed activity of the facility on the environment, socio-economic and other consequences associated with it.

These goals are achieved by assessing compliance with the requirements of the law, compliance with the requirements for the development of project documentation. In the course of a general environmental review, an analysis is made of the quality of the forecast of environmental impact.

Rights of initiators of verification

They are enshrined in article 19 of the Federal Law No. 174. In accordance with the norm, citizens and associations are entitled to:

1. Formulate and send proposals to the authorized bodies on the organization of public environmental assessment.
2. Receive information about the examination.
3. Carry out other activities related to environmental audits that are not inconsistent with applicable law.

Rights of performers

The organizations conducting the examination have the right:

1. Receive documentation subject to verification from the customer.
2. Get acquainted with regulatory and technical documents.
3. In the status of observers, participate in meetings of state examination commissions, in the discussion of conclusions drawn up as a result of a public audit.

Conditions

A public environmental review is carried out after state registration of a statement from the initiators. Upon receipt of an application for verification of one object from two or more public associations, one commission may be created.

The territorial authority within seven days from the date of receipt of the application must register it or refuse it. If the registration was not refused within the prescribed period, the application shall be recognized as registered.

Application Form

The following information shall be indicated in the application of public associations:

1. Name.
2. Address (legal / location).
3. The type of activity defined by the charter.
4. The composition of the expert commission.
5. Characterization of the object of examination.
6. The timing of the audit.

Refusal to register application

It is allowed only in cases stipulated by Article 24 of the Federal Law No. 174. The list of grounds given in the norm is considered closed. Refusal to register an application is allowed if:

1. A public environmental review is carried out in relation to an object that has already been double-checked.
2. The public association is not registered according to the rules established by law. We are talking about the lack of state registration in the status of legal entity on the day of treatment.
3. The charter of the association does not comply with the provisions enshrined in Article 20 of the Federal Law No. 174.
4. The requirements for the content of the application provided for in Art. 23 of the Law.

A public environmental review of an object cannot be carried out if information about it is a secret protected by law (state, commercial, etc.).

The unlawful refusal of officials of local authorities to state registration of an application entails liability, according to the norms of the law.

The objects

At the federal and regional levels, a public environmental review is carried out only in relation to :

1. Draft normative-technical and instructive documentation in the field of nature protection, approved by the state authorities of the Russian Federation.
2. Substantiation materials for licenses for certain types of activities that negatively affect the environment, in accordance with the standards governing the use of atomic energy.
3. Draft targeted programs, which include the construction and operation of facilities that affect the environment, in terms of their location.
4. Materials of a comprehensive environmental audit of areas that substantiate the granting of these territories with the status of specially protected zones, zones of ecological disaster or environmental emergency situations.
5. Draft production sharing agreements.
6. Materials substantiating the transformation of a nature reserve into a national park.

The design documentation is also checked:

• on reconstruction, construction of facilities in specially protected areas, including those related to defense and security, especially dangerous, unique, technically complex facilities;
• facilities intended for the disposal / disposal of waste 1-5 cells. dangers, including the decommissioning of them;
• Reclamation of soil disturbed during waste disposal of the above classes, as well as land not intended for their disposal, but used for this purpose;
• to eliminate workings using industrial waste from ferrous metallurgy 4-5 cells. danger.

Nuances

If the facility has previously received a positive opinion, a public environmental review is carried out only in cases:

1. Improvements to this facility, taking into account the comments of the commission.
2. Implementations with deviation from documentation or when changes are made to it.
3. Expiry of the conclusion issued earlier.

The specifics of the

A public environmental review is carried out before the organization of a state audit or at the same time. The corresponding provision is secured by Part 1 of Article 22 of the Federal Law No. 174.

In part 2 of the same norm, however, it is provided that a public environmental review is carried out regardless of the state audit in relation to the same facilities.

According to Part 4 of Art. 22, the experts assessing the facilities are subject to the requirements enshrined in paragraph 2 and paragraph 5 of Article 16 of the Federal Law No. 174.

Expert opinion

This document is sent to:

• to the federal / regional executive authority conducting state audit;
• documentation customer;
• structures making decisions on the sale of objects of expertise;
• local authorities;
• other interested parties.

An expert opinion shall become effective after its approval by a regional or federal executive authority. It is taken into account when performing a state audit if a public environmental review was carried out in respect of the same facility before the date of completion of the state examination .

When giving a conclusion to a force, the members of the commission and the leader shall be subject to the requirements enshrined in Articles 30-34 of the Federal Law No. 174.

The document may be published in the media.

Expert Requirements

Public environmental review is carried out by specialists with practical / scientific knowledge on the issue in question. Subjects are involved in accordance with Article 15 of the Federal Law No. 174.

An expert may not be:

• Representative of the customer / developer of documents that are the subject of verification.
• A citizen who is in labor or other contractual relations with the developer / customer of the documentation.

Expert Rights

Specialists involved in the examination are entitled to:

1. To declare to the federal or regional state body about the need to provide the customer with additional documentation to ensure an objective and comprehensive assessment of the facility.
2. Formulate a dissenting opinion regarding the object being inspected. It is compiled in writing and is attached to the expert opinion.

Specialist Responsibilities

The expert must:

1. Perform a complete, comprehensive, comprehensive and objective analysis of materials using advanced scientific and technological achievements.
2. To determine compliance of documentation with normative and normative-technical acts adopted at the regional and federal levels in the field of nature protection, give conclusions on it.
3. Follow the requirements of the legislation governing the examination.
4. Observe the deadlines and the procedure for performing the audit established by the federal executive body.
5. Ensure the validity and objectivity of the conclusions formulated in the expert opinion.
6. Participate in the preparation of the justifications for taking into account the conclusions of the public examination, well-reasoned proposals from public associations and citizens on the environmental aspects of the activities subject to examination.
7. To ensure the safety of documentation and other materials, the confidentiality of information submitted for verification.

Examples of public examination results

In 1996, on the initiative of the residents of Korenevo, an inspection was carried out on the project for the restoration of the flooded quarry. Using the results of the examination, citizens were able to reverse the decision on land allotment in court and prevent the quarry from turning into a waste disposal site.

In the same 1996, the decision to build a rocket fuel processing plant was canceled in Sergiev Posad. Together with public expertise in the city, signatures of local residents gathered against the implementation of the project, an active media campaign was conducted.

In 1997, in the city of Troitsk, the local Duma, taking into account the opinion of the population and considering the conclusion of a public examination, overturned a number of decisions that allowed the construction of a garbage processing plant in the city. During the examination, hearings were organized in which deputies and members of the commission participated. The opinion was sent to the Ministry of Health, which formed its own commission. By her decision, the plant construction project was blocked.