Law for Environmental Impact Assessment in Iceland

UNOFFICIAL TRANSLATION LAW FOR ENVIRONMENTAL I!VIPACT ASSESSMENT IN ICELAND. Article 1. The aim of this act is to ensure that prior to a decision regarding projects that ma~ ou account of site, resulting a.cti.vity, nature, or ii:ze have oonsiderable effect on the environment. natural resources and cornmunitv. an Environmental Impact Assessment has been carried out and to ensure that such an assessment is invariably a part of the planning process. Article 2. For the purposes of this act, Developer means the state, municipality, institution or company partly or wholly owned by such parties, legal person or an individual that proposes projects which this act applies to. Gra.ntor means a competent authority granting final pennission for projects. Article 3. The Minister for the Environment ·is the principal authority in the field this act applies to. The Director ot the Natmnal ·Physical Planning Agency is the executor of the act. Article 4. This act applies to all projects which may have considerable ettect on the envll'onment, n:.\tut'M tewurc.es and the community, This act does not repel stricter provisions of other law concerning Environmental Impact Assessment. The provisions of the Planning Act. No. 19 of May 21, 1964, as amended, shall be applied in the execution of this act, as appropriate, Article 5. Tho fulluwing projects are .subject to Environmental Impact Assessment: 1. Hydroelectric power plants with installed power 10 MW or more, or water irrigation where more than 3 km2 of land go under water on account of dams and/or changes of river beds. 2. Geotnennal power plants with capacity of 2~ MW or more in raw energy or installed power of 10 MW or more and other thermal power plants with installed power 10 MW or more. 3. Construction of high voltage lines with 33 kV voltage or more. 4. Gravel mmes on land 50.000 m.2 or larger area or where planned removal of gravel exceeds 150.000 ml, 5, Tourist centers in uninhabited areas. 6. Disposal installations for poisoned and hazardous waste, and waste dlSpas.al installations where waste is disposed of in an organised manner, or buried in land fills. 7. Plants with initial melting or remelting of cast iron, steel and aluminium. 8. Chemical Plants. UNOFF1CIAL TRANSLATION 9. Constrnction of new roads, railways and flirport~ 10. Ports for vessels over 1.350 tonnes. Furthermore, projecls listed in Annex I to this act but not included in paragraph 1 are subject to an Environrnental Impact Assessment. , The Minister of the Environment may decide by regulation that other projects are subject to an Environmental Impact Assessment in accordance with international conventions to which Iceland is a party. Article 6. The Minister of the Environment may, having received the opinion of the Director of the National Physical Planning Agency, decide that a specific project or pro)'<'t:-t1< u.ihi.c,h m,;, y h';I.Vli\' ~'\3nit\c,9,nt .,.,ff.,.....,t r-..n t""'· £>'\\'\l\TC\'fff'\\l"'t\\, 1:'l?i~W'i"<.>.\ i'P.<1.r.,-..rr>"'-"' ",nr\ community, but are not included in Article 5, are subject to an assessment according to thls act. Prior to a decision according to paragraph 1, the Minister shall consult with the developer, the erantor And the municipal anthorities concerned. Article 7. Prior to commencing a project which this act, or regulation according to this act, the developer shall notify the Director of the National Physical PlMning A,eenC-y. Thi . .;; notification should include a description of the planned project, its design, possible disruption of the environment and proposed measures to be taken to reduce this disruption, as well as other information the Director of the National Physical Planning Agency may deem necessary. Within two weeks the Director of the National Physical Planning Agency publishes the developer~s notification with the enclosed information according to paragraph 1 in a public advertisement. Objections shall be submitted within five weeks from the publication of the advertisement. Article 8, Within eight weeks from the publication of the developer's notification the Director of the National Physical Planning Agency shall decide whether: a. conditional or unconditional approval of the project concerned is granted, b. a further Environmental Impact Assessment is to be carried out. The developer, the grantor and the municipal authorities concerned shall be informed when the verdict of the Director of the National Physical Planning Agency is carried out. The verdict shall also be published. Article 9, The developer is responsible for the assessment accord.in~ to this act and bears I.he cost. , . The Director of the National Physical Planning Agency lays down general gmdeltnes on the execuuon of the assessment with regard to special provisions of the \aw and to international commitments. Article 10. . The Environmental !rnpact Assessme!1t sha~ specify in an appropriate manner the 1mpa~t the planned proJ ect and the resultmg activity may have on human beings, commu~uty an~ culture, animals, fauna an~ flora, so11, water, air, climate, landscape and the interact10n of these factors, It shall mclude a separate discourse on the premises on which the assessment is based. . Within two weeks afte,r the Director of the National Physical Planning Agency rece1:cd the r~sults of the El~vu ';)HHlental Impact Assessment, he shall publish them in a public advertisement. ObJect1ons shall be submitted within five weeks from the publication of the advertisement. Article 11, 2 UNOFFICIAL TRANSLATION Within eight weeks from the date the Director of the National Physical Planning Agency publishes the results of the Environmental Impact Assessment he shall pass a substantiated verdict on the basis of existing information. The verdict may: a. approve of the project concerned, conditior1ally or unconditionally: b. require that a further enquiry be made on particular factors, or c. reject of the project concerned. The developer, the granter and the municipal authorities concerned shall be infonned when the verdict of the Director of the National Physical Planning Agency has been pa'hied. 'Th?.. verdi..ct .,,b:aU ~lso be ?\.1b\iehe.d. The verdict of the Director of the National Physical Planning Agency as well as the results of the Environmental Impact Assessment shall be readily accessible to the public. Article 12. The Minister may, by special regulation, decide that a payment be collected from the developer in order to cover costs incurred by the Director of the National Physical Planning Aeency on account of the procedures laid down by this act. Article 13. The gra.ntor sha.lJ grant permission far a project with due regard to the results of the Fnvi.ronme.nta\ 1mrmc1 1\1>.RP'"s.mr>.-nt Article 14. Toe verdict of the Director of the National Physical Planning Agency, according to Articles 8 and 11, can be appealed to the Minister of the, Envfrnnrnent within four weeks from its date of publishing or from the date on which the developer was informed of it. Prior to passing his verdict, the Minister of the Environment shall consult with the Director of the National Physical Planning Agency. th,,. devPIDt1P.r. tht>: grantr:>r and the municipal authorities concerned. The Minister of the Environment shall pass his verdict within eight weeks from receiving a request. Article 15. Th~ Minist~r of the Environment will lay down, by regulation, further details on. the execution of this act. Article 16. A violalion of this act results in fines. The procedure is as in public litigation. Article 17. TI:Us act shall enter into force immediately and apply with effect from May 1, 1994. . . T.fnda lagagreinin: Article 14. A pemussron t? commence a projec~ this act applies to may not be granted, a project begun or plannmg confirmed according to the Planning Act no, 19 of May 21 1964 as amended, unless the provisions of this act have been met. ' · ' J