concept EIA-rapport - Staatsolie

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SRK Consulting: Project No: 439414 Staatsolie Pipeline EIA – Draft EIA Report Page 4 A draft Environmental Act (2002) has been developed as a framework law in response to the 1992 Rio declaration. The draft Act lays down rules for the conservation, management and protection of a sound environment within the framework of sustainable development. The draft Act has been under consideration by the Council of Ministers for some time and has not yet been promulgated. After acceptance by the Council of Ministers and the Council of State, the draft Act will be considered by the National Assembly for promulgation. Nevertheless, the principles in the draft Act provide guidance for conducting an EIA in Suriname. The two principal legal requirements of the draft Act that are relevant to the Staatsolie pipeline project and the EIA are the requirements relating to the preparation and execution of EIAs (Section 2 (2.2)), and the requirements relating to permitting procedures (Section 2 (2.3)). While there is currently no legislative basis for the assessment of environmental impacts of development proposals in Suriname, NIMOS has published Guidelines for Environmental Assessment (EA) in Suriname. The EA Guidelines are being applied by NIMOS as part of the project permitting process and project developers are expected to comply with the guidelines. The EA Guidelines series consists of the following volumes: • Volume I: Generic (2009) – This volume contains general guidelines for determining the need for an EA, the nature and extent of the analysis required and the procedure that should be followed in conducting an EA. The guidelines cover aspects such as project screening, classification of projects, scoping guidelines, public consultation, structure of EA reports and the EA report review process, including criteria for review and compliance checklist. Project screening is required to determine the need for and required level of EA. Projects are classified according to three categories, namely Category A (EA is mandatory), B (some form of environmental assessment is required) or C (no environmental assessment is required). The proposed construction of the three pipelines has been classified as a Category A project under the listing of “Pipelines for oil and/or gas” and a full EIA process is therefore required. • Volume II: Mining (2005) – These guidelines are not relevant to this project. • Volume III: Forestry (2005) – These guidelines are not relevant to this project. • Volume IV: Social Impact Assessment (2005) – These guidelines provide an outline of the requirements for conducting Social Impact Assessment, whether as part of an EA process or required independently for projects that have potential impacts on the social environment. • Volume V: Power Generation and Transmission Projects (2005) – These guidelines are not relevant to this project. 2.2.2 Other environmental legal requirements A draft Waste Act (2004) has been compiled but not yet promulgated. The draft Act sets out regulations for the treatment of waste materials to protect the environment, based on the “polluter pays” principle. Different types of waste materials are identified and rules laid down for adequate storage, transportation and treatment (including recycling, composting and disposal) of each waste type. The Act makes provision for the prosecution of transgressors. The draft Waste Act is synchronised with the draft Environmental Act to ensure that there are no inconsistencies. Other legal instruments governing environmental management in Suriname, categorised according to the environmental issues that they address, are presented in Table 2-1 below. Note the table only lists key instruments and is not necessarily comprehensive, and not all of the listed instruments necessarily apply to this project. REUT/DALC 439414_StaatsoliePipelineEIA_Draft EIA Report_Final June 2012
SRK Consulting: Project No: 439414 Staatsolie Pipeline EIA – Draft EIA Report Page 5 Table 2-1: Selected relevant national environmental legislation Title Objective Implementing agency Remarks MINERAL RESOURCES Mining Decree 1986 S.B. 1986 no. 28 as amended by S.B. 1997 no. 44 Petroleum Law 1990 S.B. 1991 no. 7 as amended by S.B. 2001 no. 58 LAND / LAND USE Planning Law 1973 G.B. 1973 no. 89 Construction Law 1956 G.B.1956 no. 30 as amended by S.B. 2002 no. 72 City-Construction Law G.B. 1972 no. 96 Law on Ecological Circumstances in Residential Areas S.B. 1980 no. 68 Police Criminal Law G.B. 1915 no. 77 as amended by S.B. 1990 no. 24 Civil Code G.B. 1860 no. 4 WATER Water Supply Law G.B. 1938 no. 33 Harbours Decree 1981 S.B. 1981 no. 86 Governs exploration and exploitation of mineral resources. Article 2 stipulates that all raw materials in and above the ground, including the territorial sea, are property of the State. Provides provisions for the exploration and exploitation of hydrocarbons. Provisions for national and regional planning e.g. landuse policy issues. Provides requirements for the construction of buildings. Provisions for urban development. To improve the ecological circumstances in residential areas Contains many general environmental provisions with respect to public places, including waste disposal, noise, control of pests, hunting and fishing, water pollution, etc. Addresses all matters of private law. Contains prohibitions with respect to water wells, etc. that serve as water supply sources. Provisions for harbour activities. MNH (GMD) Articles 2, 4, 16, 43, 45 are applicable to environmental protection. Contains requirements for consideration of affected communities of Indigenous Peoples. Several implementation regulations have been issued under this decree. MNH Article 6e deals with the management of adverse impacts on the environment. Minister of Planning, Planning Coordination Commission and Planning Council. Ministry of Public Works Ministry of Public Works District Commissioners Ministry of Justice and Police MNH, Ministry of Public Health Maritime Authority Suriname and District Commissioners, assisted by the Prosecutor's office, the Police and the Ministry of Trade and Industry Contains the mechanism to establish Special Management Areas, to be developed as Multiple-Use Management Areas Article 39a penalizes the disposal of waste in public places. Article 51 penalizes the contamination of a water resource. Article 625 deals with ownership/proprietary rights as well as expropriation for the general good prior to compensation. According to this Law the President is responsible for its implementation, but in practice the ministries assume the role. Prohibits the discharge of waste, oil, and oil-contaminated water and condemned goods into public waterways and harbours. REUT/DALC 439414_StaatsoliePipelineEIA_Draft EIA Report_Final June 2012
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concept EIA-rapport - Staatsolie

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