Notional Field Development Final Report - EBN

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EBN Notional Field Development Plan As part of the environmental permit, an environmental analysis should be carried out according to Dutch Soil Protection Guidelines (NRB). This should demonstrate that the risk of soil contamination, as result of the activities, is reduced to a negligible risk. 4.2.12 Environmental Management Act / Decree Environmental Impact Assessment The main purpose of the Environmental Management Act (EMA) is the protection of the physical environment. Before 1 October 2010, this Act formed the basis for the environmental permit; however, this was before the introduction of the Wabo which facilitates the ‘All-in-one’ permit for physical aspects. The EMA is still an important Act for anchoring environmental quality demands, including air quality and external safety. Furthermore, the EMA has a provision for ‘policies on environmental damage or the imminent threat thereof’. Because these articles are present in the EMA, the legislature has implemented the Environmental Liability Directive (2004/35/EG) into Dutch legislation. The EMA sets the basis for conducting an EIA for activities that may have a potential environmental impact, which means it is particularly important for this framework. In the Netherlands a distinction is made between a plan and project EIA. 4.2.12.1 Plan EIA If the realization of gas production is foreseen, a plan EIA should be prepared if an assessment is required within the framework of a zoning or integration plan. As previously noted, the need for this should be confirmed by an environmental pre-verification process. In addition, a plan EIA should be prepared in advance of preparation for a plan which sets the framework for the activity which is being subjected to an EIA evaluation. It can be expected that for the zoning or integration plan, a plan EIA should be prepared. This is due to the nature of the framework of activities under C 17.2 and D 17.2 / D 29.2, for which an EIA evaluation is required, and possibly due to the expected effects on nature. Among other things alternative locations for the project are part of the plan EIA. 4.2.12.2 Project EIA For the present initiative, a project EIA is required if the activity occurs in Annex C of the Decree EIA. This is the case when more than 500.000 m3 of natural gas per day is extracted (category C 17.2). In a project EIA, the installation alternatives, rather than the location alternatives, are important. When the initiative is not mentioned in Annex C, it is necessary to consider whether it is mentioned in Annex D. If this is the case, an EIA assessment is required. The criteria indicate that where significant adverse environmental effects can occur, the preparation of an EIA is required. © 2011 Halliburton All Rights Reserved 138
EBN Notional Field Development Plan 4.2.12.3 Procedure and authority The “plan EIA” requires compliance with an extensive procedure process (shown in the Table 4-1. Comparison of Limited and Extensive EIA Procedures) and is linked to the process for determining the zoning or integration plan and should be included when the draft plan is made available for public review. Determining which institution is the correct authority for the “plan EIA” is dependent upon whether or not the NCR is applicable. Where the NCR is applicable, the Ministers of Economic Affairs, Agriculture and Innovation, and Infrastructure and Environment, would be the appropriate authority. The “project EIA” procedure is linked to the preparation of the ‘All-in-one’ permit. If required it may also be linked to the excavation permit (if required), and to the water permit (if discharge into surface water occurs). Regardless of the applicability of the NCR, the Minister of Economic Affairs, Agriculture and Innovation is the authority for the project EIA. However, joint authority with the General Executive of Noord Brabant and the Department of Waterways or Public Works, is possible. If an assessment for the project EIA activity is required, the project EIA is also prepared using the extensive EIA procedure (see table below). Table 4-1. Comparison of Limited and Extensive EIA Procedures Limited procedure Extensive procedure Notification by initiator to authority Notification by initiator to authority (at project) No notification Public notification Possible consultation with consultants and involved Always consult with consultants and involved governmental agencies about scope and detail governmental agencies about scope and detail No obligation to submissions on the initiative. Obligation to submission opinions on the initiative On request: Advice EIA Committee about scope and detail On request: Advice EIA Committee about scope and detail Possibly advice authority about scope and detail (at If authority ≠ initiator request of initiator or on own initiative) Advice authority about scope and detail (at project) Prepare EIA Make EIA public Obligation to review objections to the EIA At request: assessment advice EIA Committee Decision including motivation Publically announce decision Evaluation Prepare EIA Make EIA public Obligation to review objections to the EIA Mandatory assessment advice EIA Committee Determination of plan / decision including motivation Publically announce plan / decision Evaluation © 2011 Halliburton All Rights Reserved 139
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