s.43Environmental impact assessments
43
Section 43Part 7 — GENERAL

Environmental impact assessments

←→ Navigate  ·  Click subsection badges to collapse  ·  Press ? for help

In any consultations pursuant to section 41(3) or before granting an approval under section 41 (4), the Council may, in its discretion and within such times as it may specify, require an environmental impact assessment to be carried out of the proposed action.
An environmental impact assessment shall —
assess the proposed action having regard to its direct, indirect and cumulative impact and the need to —
protect and improve public health and social and living conditions;
preserve natural resources, ecological functions and biological diversity;
protect and conserve protected areas and conservation areas;
protect and conserve protected, endemic and migratory species and their habitats; and
avoid any adverse effects of climate change on the quality of the environment;
be carried out by a person approved by the Council; and
comply with any directives of the Council and regulations made under this Law.
All documents relating to an environmental impact assessment shall be available for public inspection and review.
The preparation of an environmental impact assessment under this Part and the costs of monitoring inspections pursuant to section 42(1) shall be at the expense of the person undertaking or intending to undertake the proposed action; and for that purpose, the Council may require the provision of a performance bond or an escrow account in a form acceptable to the Council and in such amount as may be specified by the Council having regard to —
the total cost of the proposed action;
the estimated costs of restoration for any potential damage to the environment or natural resources identified by the Director;
the applicant's past record of compliance with the Law and the estimated costs of monitoring the proposal.

Defined Terms

environmental impact assessmentprotected areaconservation areaendemic speciesmigratory species

Cross References

Referenced By