Changes in foreign environmental impact assessment systems

1. The emergence of foreign environmental impact assessment system

In the middle of the 20th century, science, industry, and transportation developed rapidly. The industrial and urban populations were excessively concentrated. Environmental pollution was partially expanded to the region. Atmospheric, water, soil, and food were polluted, and public nuisance incidents continued to occur. Excessive forest harvesting, grassland reclamation, and wetland destruction have brought about a series of problems with the deterioration of the ecological environment. Human beings gradually realize that development and construction activities, development and utilization of the environment and natural resources must respect the laws of nature, must be carried out within the scope of environmental capacity, and measure whether a construction activity is within the scope of environmental capacity and carry out the environment before the construction activities. Impact assessments follow.

An Environmental Impact Assessment (EIA) is a pre-assessment of environmentally influential human activities or an analysis of the likely environmental consequences of a proposed human activity, ie, a proposed adverse impact on the environment. Activities carry out environmental impact assessments. The concept of environmental impact assessment was first proposed at the International Conference on Environmental Quality Assessment in Canada in 1964. Environmental impact assessment, as a formal legal system, was first created in the United States. In 1969, the United States enacted the National Environmental Policy Act (NEPA), which established the Environmental Impact Assessment (ETA) system worldwide. By the end of the 1970s, most states in the United States had established various forms of environmental impact assessment systems. In 1977, the State of New York also formulated a special "Environmental Quality Assessment Law". In 1987, the United States enacted the "Regulations on the National Environmental Policy Law."

After the establishment of the US environmental impact assessment system, it quickly gained the attention of other countries and was used by many countries. Sweden has stipulated the environmental impact assessment system in its 1969 Environmental Protection Law; Japan approved the environmental protection measures for public works on June 6, 1972 by the Cabinet, and first introduced the environmental impact assessment thoughts. The Environmental Protection (Impact of Prop II) Act was enacted in the year, and the Environmental Impact Assessment System was enacted in Article 2 of the Law on the Protection of Nature, which was passed by France in 1976. In 1988, the Regulations on the Evaluation of Environmental Shapes was formulated. After entering the 1990s, Germany in 1990, Canada in 1992, and Japan in 1997 also developed a special law under the name of the Environmental Impact Assessment Law. Russia also enacted the Regulations on Environmental Impact Assessment of the Russian Federation in 1994. There are also special environmental impact assessment laws or regulations in Taiwan and Hong Kong. At the same time, many institutions related to environmental impact assessment have been set up internationally, and a series of meetings on environmental impact assessment have been held. Research and circulation of environmental impact assessment have been carried out to further promote the application and development of environmental impact assessment in various countries. After more than 30 years of development, more than 100 countries have established environmental impact assessment systems.

2. Foreign environmental impact assessment of the development of the young

The environmental impact assessment system mainly includes the objects of environmental impact assessment, the procedures of environmental impact assessment, the management mechanism of environmental impact assessment, and the public participation in environmental impact assessment. The following is a brief introduction to the foreign environmental impact assessment system and implementation.

The object aspect of environmental impact assessment. The US environmental impact assessment targets the federal government's legislative proposals and other federal actions that have a significant impact on the human environment, namely the actions of the federal government. The main types of actions are: 1 bills or legislative proposals submitted by the federal government agencies to Congress, including Application for ratification of the treaty; 2 All or part of a federally funded, assisted, engaged, managed or approved project or project and new or modified administrative decisions, regulations, plans, policies or procedures. It can be seen that the scope of the environmental impact assessment prescribed by the United States is very broad, ranging from the construction of the project to the government's decision-making and legislation, which shows the importance attached by the United States to the environmental impact system.

Environmental impact assessment procedures. From the current situation of environmental impact assessment in various regions of the country, the provisions of the environmental impact assessment procedures are broadly divided into two categories: independent procedures and pre-programs. The main performance of the former is to legislate and independence the environmental impact assessment process, and to make it an independent link to the proposed project through the formulation of environmental impact assessment laws or regulations. The latter is to include the environmental impact assessment process in other existing legal licensing procedures as a pre-procedure for the proposed project.

Countries and regions that use environmental impact assessment as a pre-procedure include Germany, France, the Netherlands, and Hong Kong special administrations. Countries and regions that use environmental impact assessment as independent procedures include Canada, Japan, Portugal, Spain, and Taiwan. World Bank environmental impact assessment quick-impact projects also fall into this category. However, the United Kingdom is a special case. Only a small part of the construction projects in the UK must be subject to environmental impact assessment. As for other projects, environmental impact planning is only required if they are likely to cause significant environmental impact depending on their nature, size and location. And in the UK, an Environmental Report (ES) not available in the European Community is used. Regarding the timing of environmental impact assessment, there is no uniform regulation and procedures in the world.

In terms of public participation in environmental impact assessment. In the foreign environmental assessment system, we can see that the US National Environmental Policy Act Implementation Regulations (CEQ Regulations) provide detailed provisions for public participation procedures in the EIA, including participation and participation. Scope, participants, participation effects, and restrictions on participation. If the citizen does not need to notify the citizen before the project is reviewed, it should be notified after the review. The general public time is 45-90夭; citizens can participate in the planning process, the planning process is open, the public is provided with information, and citizens have the opportunity to obtain EIA documents; citizens can submit relevant information. Written comments on the project; the authorities or the proponents must respond to the public comments; the public can receive relevant information no less than 30 days after participating in the EIA, etc. It can be seen that the US regulations on public participation in environmental impact assessment are quite complete. The public participation stage is early, the participation matters are complete, and the measures are complete.

Aspects of the management mechanism for environmental impact assessment. The main lines running through the US Environmental Assessment are “production” and “publicity”. In the initial stage, if the report preparer determines that the proposed action is not an act that normally requires an environmental impact assessment, it should publish a “No Significant Impact Certificate” and submit it to the relevant parties and the public for review. It is the recognition or overturn of the determination. For the scope of evaluation, the compiler should first publish an "intention notice" in the "Federal Gazette", and then convene the relevant parties to discuss and jointly determine. At the preparation stage of the first draft, it is necessary to fully openly discuss and draft the first draft in the Federal Gazette, invite the parties to participate in the discussion in the form of a public hearing, and make a final report on this basis. In addition to the announcement, it is also sent to the Environmental Protection Agency and the relevant authorities, groups and citizens who have submitted their opinions. It can be seen that the United States implements social supervision and review in a publicized manner, so that the review is separated from the entire process of environmental impact procedures.

Due to differences in political systems, economic levels, cultural traditions, etc. of various countries, the characteristics of the corresponding environmental impact assessment systems are also different. In some countries, there are many changes in the objects, scope, procedures, methods and methods of environmental impact assessment, and some new features have emerged.

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