Preparatory Stages in Obtaining an Environmental Permit

Presented by Indarjit Ramdass
Environmental Protection Agency, Guyana
Environmental Sustainability (ES)
 ES is one of the three pillars of sustainable
development.
 ES is a state where the human demands placed on the
environment can be met without reducing its capacity
to allow people to live well, now and in the future.
 Strong evidence exists globally, that:
 Man is exceeding and eroding the earth's ES in some
extractive activities;
 There are limits to ES on a finite planet; and
 Environmental effects are: interactive, complex,
unpredictable and escalating.
Environmental Governance (EG)
 Environmental Governance :
 Is a pre-requisite for environmental sustainability;
 Safeguards natural resources and people against
environmental threats; and
 Shapes how humans interact with the environment
through rules; practices; policies; and, institutions.
Environmental Governance in
Guyana

An environmental governance regime exists in Guyana
which comprises legal and institutional frameworks, as
well as, practices and policies to engage relevant
stakeholders.
 The Ministry of Natural Resources and Environment
(MNRE) has overarching responsibilities for
Environmental Governance in Guyana.
 The Environmental Protection Agency is the principal
institution leading Environmental Governance in
Guyana.
 Sector Agencies oversee Environmental Governance of
specific sectors, e.g. GGMC oversees EG of mineral and
petroleum resources.
Environmental Governance in
Guyana - Legislation


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The Environmental Protection Act (No. 11, 1996) is the
principal legislation for environmental governance in
Guyana.
A suite of five Environmental Protection Regulations
(2000) developed under the EP Act (1996) supports the
implementation of Environmental Governance.
Specific Acts and Regulations aid environmental
governance of the different sectors.
Environmental Governance – Policies
and Practices in Guyana
 Policies for Environmental Governance are entrenched
in the National Constitution; and the National
Environmental Action Plans I and II.
 Legislative policy on Environmental Governance is
embodied in the EP Act (1996).
 Practices for Environmental Governance are
implemented and enforced by the EPA.
 Sector Agencies have responsibility for enforcing
sector specific Environmental Governance practices .
Environmental Governance
Practices
 Environmental Governance Practices implemented
by the EPA are integrated in its environmental
management processes.
 Four EM practices are implemented by the EPA:
 Environmental Permitting
 Environmental Monitoring and Enforcement
 Complaints Management
 Emergency Response
Environmental Authorization
Process
 The Environmental Authorization Process is provided for under
Part IV of the EPA Act (1996) and the Environmental Protection
Regulations (2000).
 Governs the authorization and monitoring of:


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New developments
Existing developmental activities
Monitoring of Authorized Activities
Monitoring of Unauthorized Activities
 Four (4) types of environmental authorizations are granted:

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No objection letters
Construction Permits
Environmental Permits
Operational Permits (For Existing Developments)
Environmental Assessment Board
 Established under the EP Act 1996, Part IV, 18,
 Is an Independent Body
 Oversees the EIA and Appeals Process
 Conducts Public Hearings as part of the Environmental
Authorization Process
 Makes recommendations to the Agency.
Environmental Management and
Industry
 All developments are required under the EP Act
(1996) to apply for Environmental Authorization.
 Environmental Management is typically a condition of
Environmental Authorization.
 Environmental Authorization is granted only if the
EPA and EAB approve of the methods of mitigation of
environmental impacts proposed by a developer.
 Methods of mitigation of environmental impacts of a
development are usually presented in an
Environmental Management Plan or in an ESIA
Report.
Responsibilities of Industry
 Developers are responsible for meeting the conditions
of their Environmental Authorizations.
 Under the EP Act and its attendant Regulations,
developers shall face penalties when in breach of the
conditions of their Permits.
 The Polluter Pays Principle operates as it relates to
accidents that lead to pollution.
 Social Impacts and their mitigation are addressed in
the ESIA and the Environmental Authorization
Process.
Engagement of Affected Communities
 Communities are engaged as part of the
Environmental Authorization Process.
 Public Notices are used to inform of: proposed
Projects; EPA’s decision or not of an ESIA; and
Consultation Meetings.
 Consultations are conducted with communities before
and after an ESIA is conducted.
 The EAB is responsible for holding the consultations
- the ESIA consultants inform the communities of the
project and answer questions.
Engagement of Communities cont’d
Challenges:

Attendance at scoping meetings has generally
tended to be low.

Public feedback is often not focused on the Project.

There is inadequate awareness at all levels.

In indigenous communities, language and technical
barriers may inhibit full participation in
consultations.
Sustainable Development and the
Extractive Sector
 Some good practices in the extractive sector would
include:
 Standards for Environmental Sustainability must of
necessity be met.
 Any compromises on environmental standards must
never be at the detriment of human health and safety.
 Mechanisms to ensure that local culture and norms are
respected must be established and followed.
 Dialogue , discussion, debate is key to finding the balance
among the environmental, social and economic
dimensions of the extractive sector.
Questions
40