(PESIA) Weg naar Zee 2D Seismic - Staatsolie

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P-all consultants Staatsolie Maatschappij Suriname N.V. PESIA Weg naar Zee 2D Seismic 2012 2.3 LEGISLATION DRAFTED BY NIMOS Besides these binding laws the following drafts are taken into consideration and Staatsolie will act within the spirit of these draft laws and guidelines: • National policy and legislation drafted by NIMOS and designed to protect the environment. Amongst others : the draft Environmental Act, • The PESIA Guidelines by NIMOS. In this regard NIMOS has declared this Project a Category B, Traject 2, project. By State Resolution of the Council of Ministers (RVM) of 17 March 1998, NIMOS was established as an autonomous government entity (a "Foundation"), but currently NIMOS falls administratively under the jurisdiction of the Ministry of ATM (Labor Technology and Environment) and functions as a technical working arm of the Ministry. NIMOS is in particular responsible for the preparation of national policy and legislation designed to protect the environment, and also to monitor compliance with national environmental laws and regulations. The General Director of NIMOS implement his/her responsibilities through four Offices, one being the Director's and Administration Office, and the other three being technical offices of a cross-sectorial nature: (1) Environmental and Social Assessments; (2) Legal Services, and (3) Environmental Monitoring and Enforcement. 2.3.1 DRAFT ENVIRONMENTAL ACT NIMOS drafted an Environmental Act (a framework law) to lay down rules for the conservation, management and protection of a sound environment within the framework of sustainable development. The Act has been prepared in draft and is returned to the Board of Ministers for review. The Environmental Act has a number of key provisions, which: • allow for the creation and implementation of a comprehensive environmental policy and planning process, • establish the importance of environmental protection and parity with all other considerations, • establish an Environmental Authority, which will become the primary environmental agency in Suriname, • give effect to many internationally-accepted principles of Environmental Law within Suriname, including the concept of environmental impact assessment, the principles of precaution and the polluter pays, • introduce and give effect to the Environmental Impact Assessment Guidelines (see below) • enshrine the principles of access to information, participation and legal protection for the Surinamese public • allow for the introduction of suitable regulations to address specific issues of environmental protection; and establish a framework for enforcement of environmental 16
P-all consultants Staatsolie Maatschappij Suriname N.V. PESIA Weg naar Zee 2D Seismic 2012 legislation and regulations, together with penalties. 2.3.2 DRAFT ENVIRONMENTAL IMPACT ASSESSMENT GUIDELINES In July 2003, the Office of Environmental and Social Assessment of NIMOS published draft guidelines to Environmental Impact Assessment in Suriname, referred to hereafter as the EIA Guidelines. Following consultation with interested parties (including Staatsolie) and review of comments, these guidelines were finalized in early 2004 and revised in 2009. The EIA Guidelines will be given effect by the Environmental Act, once it has been promulgated. The draft EIA Guidelines were prepared as a guide for project sponsors, but are also intended to provide Surinamese Government officials with advice on evaluating and assessing the adequacy and suitability of EIA reports submitted in support of project permit applications. The EIA Guidelines cover the following aspects: • project screening • classification of Projects • scoping guidelines • structure of EIA reports and • EIA report review process, including criteria for review and compliance checklist Although neither the Environmental Act nor the EIA guidelines have any legal status yet, project developers are expected to comply within the spirit of the guidelines. The guidelines allow for classification of projects into several categories, dependent on the adjudged potential for environmental damage: Category A Projects having adverse effects that may be sensitive, irreversible and diverse. The extent and scale of the environmental impacts can only be determined after thorough environmental assessment. Mitigation measures can only be taken after the results of the assessment are known. Category B Projects where the severity of potential impacts depends on the sensitivity of the location, scale and predictability. As stated earlier NIMOS has declared this Project a Category B, Traject 2, project. Category C Projects that have no significant impacts or where the effects are well known, predictable, are small in scale and can be mitigated. 17
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