New Environmental Impact Assessment Procedure Act and Decree entered into force
Act 252/2017 on Environmental Impact Assessment Procedure (the new Act) and Decree 277/2017 on Environmental Impact Assessment Procedure entered into force on 16 May 2017, replacing the previous Act and Decree.
The new Act implements the European Union’s Directive 2014/52/EU and simplifies the environmental impact assessment procedure, or EIA (in Finnish ympäristövaikutusten arvointi, YVA).
An EIA is required for activities including, for example, different uses of natural resources; activities affecting water bodies; metal industry; and energy production. Wind power projects, for example, are concerned if they consist of 10 or more turbines or if the wind park’s total power is at least 30 megawatts. The Centre for Economic Development, Transport and the Environment (ELY Centre) can also require an EIA for an individual project which is not on the list of concerned activities or not exceeding the threshold for an EIA (päätös arviointimenettelyn soveltamisesta yksittäistapauksessa). In the last years, an increasing number of wind parks have been subjected to EIAs based on ELY’s decisions.
The new Act aims to make the process more efficient and predictable by increasing cooperation between the various authorities as well as with the applicant. For example, a procedure of pre-negotiations (ennakkoneuvottelu) between the authorities and the applicant has been introduced, in which the EIA’s scope and schedule are outlined. Under the previous Act, negotiations were held between the authorities on the necessity of the EIA and the applicant had the right to be heard. In the new procedure, the applicant is a party to the negotiations.
More possibilities to coordinate the different environmental procedure have been added, for example, the hearings related to a project’s EIA procedure and land planning procedure can be carried out together. The Natura assessment and the EIA have been merged into one procedure and the applicant can also propose that the environmental impact is assessed under the procedure of another Act if the scope is adequate.
Results from the EIA will be better integrated in environmental permitting as the permitting authorities are required to show that the EIA has been taken into account and describe how significant impacts have been decreased or eliminated.
The new Act is expected to decrease the number of EIAs as the authority can now in some cases decide not to subject a project to an EIA if enough attenuating measures in the planning have been taken. The assessment will be focused on the activity’s significant impacts, which should lighten the applicant’s investigative burden. The pre-negotiation and the coordination of the processes should shorten handling times and decrease costs for applicants.