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Adopting new regional SEA legislation in Russia

Adopting new regional SEA legislation in Russia. Polina Agakhanyants ECOM Assessment Centre St.Petersburg, Russia. Legal provisions for SEA in Russia. Two administrative procedures : Assessment of environmental impacts (OVOS) State environmental review (SER).

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Adopting new regional SEA legislation in Russia

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  1. Adopting new regional SEA legislation in Russia Polina Agakhanyants ECOM Assessment Centre St.Petersburg, Russia

  2. Legal provisions for SEA in Russia Two administrative procedures: • Assessment of environmental impacts (OVOS) • State environmental review (SER) Usually neglected, including legislative process.

  3. Failure reasons • No established order • No enforcement/control mechanism • No responsibility • Problems with financing

  4. Draft law of Murmansk region«Preparation order of laws, programs and legal acts with potential negative environmental effects» • Has been prepared in Murmansk by group of NGOs with assistance of ECOM Assessment Centre in order to guarantee civil right for sound environment • Establishes procedure obligatory for state authorities (executive and legislative) of Murmansk Region • Provides for environmental review of official documents authorised by Murmansk Region’s state power bodies • projects of laws and other enactments of Murmansk Region • norms, standards, directive rules and methodical documents of Murmansk Region

  5. The draft law mechanisms: • Screening procedure for proposed legal acts • Assessment of environmental impacts to be conducted for selected legal acts • Informing public and NGOs to in the course of impact assessment • Public discussion in the course of impact assessment • Obligation of state authorities to pay for state environmental review

  6. Scheme of impact assessment List of documents publication, access to texts Project of legal act requiring SER according to federal legislation Project of other legal act or normative document Falls under Annex 1 (“Black list”) Other documents Application of citizens or public organizations Preliminary report of SER authority about potential negative environmental impact Access to report text Responsible authority decides that document does not require SER Responsible authority decides that document requires SER OVOS of draft document Public participation Citizens, NGOs Court decision Access to text of SER decision Draft document is directed for SER Responsible authority considers results of SER, OVOS and public participation

  7. Screening approaches • «Black list» (Appendix 1) contains 9 areas of legal regulation that are of potential significant impact for environment and public health • Expert decision by state authority responsible for SER about potential negative environmental effect • Public request to conduct SER • Court decision to conduct SER

  8. «Black list» areas of legal regulation (I) • Projects of legal acts regulating nature use, environmental protection, environmental safety, protected areas, historical and cultural monuments protection • Projects of legal acts regulating ownership, usage and management of land, subsoil, forests, water and other natural resources including biological resources as well as energy and waste management • Organisation and implementation of measures to eliminate consequences of catastrophes, natural disasters and epidemics

  9. «Black list» areas of legal regulation (II) • Projects of legal acts regulating spatial planning, town planning and architecture, planning of municipal development and transportation • Projects of legal acts regulating sanitary and epidemiological well-being of population, trade and services rules • Projects of legal acts regulating preservation of original environment and traditional lifestyle of indigenous population, civil rights protection, protection of national minorities rights, guaranteeing law and order as well as public safety, etc.

  10. «Black list» areas of legal regulation (III) • Projects of legal acts regulating investments, management of Murmansk Region property, taxation principles • Projects of legal acts regulating education, science, culture and sports • Projects of legal acts regulating international and external economic relations

  11. Current situation Former authorities of regions of Russian Federation in the field of environmental review • to adopt regional legislation regulating environmental review; • to get from responsible authorities information on projects subject to state environmental review; • to delegate observers to participate in state environmental review meetings; • to control implementation of environmental review legislation in the region; • to inform public on conducted and planned state environmental reviews and their results; • other questions not classified as authority of federal level. In December 2004 Federal Law on Environmental Review has been changed

  12. ? Law of Murmansk region«Preparation order of laws, programs and legal acts with potential negative environmental effects»

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