LAW ON ENVIRONMENTAL IMPACT ASSESSMENT
Chapter I General Provisions
Article 1. Definitions used in this Law
The following definitions are used in this Law:
1) Environmental Impact - direct or indirect changes to the environment caused by a Proposed Development, the results of which affect or may affect human health and safety, biological diversity, soil, air, water, climate, landscape, material assets, cultural and natural heritage values, as well as the interaction of these aforementioned areas;
2) Environmental Impact Assessment (hereafter - Impact Assessment) - a procedure to be carried out as required by this Law in order to assess the potential environmental impact of the Proposed Development and draft proposals for the prevention or reduction of negative impacts;
3) Proposed Development - installation, expansion or alteration of facilities and technologies/processes, construction works, physical planning activities, extraction or use of natural resources, as well as other activities, the performance or result of which may have significant impacts on the environment;
4) Proponent - a person or legal entity proposing to carry out any of the developments listed in Article 4 of this Law;
5) "Transboundary impact" means any impact within an area under jurisdiction of a Party caused by a proposed activity the physical origin of which is situated wholly or in part within the area under the jurisdiction of Latvia.
[With amendments, done by 30 May 2001 law, coming into force from 21 Jun 2001]
Article 2. Purpose of the Law
The purpose of this Law is to prevent or reduce potential negative impacts to the environment of developments proposed by persons or legal entities.
Article 3. Principles of Impact Assessment
Impact Assessment is carried out in accordance with the following principles:
1) Impact Assessment shall be carried out at the earliest possible stage of the planning, design and decision making phase of the Proposed Development;
2) the assessment of impacts of developments listed in the Annex to this Law shall be based on the information provided by the Proponent, and information obtained from interested State and municipal authorities, as well as taking into consideration the viewpoints expressed during public hearings;
3) when a decision has been passed granting permission to proceed with the Proposed Development, the Evaluation Report of the Final Environmental Impact Statement referred to in Article 20 of this Law, is of a recommendatory nature, except in cases where the evaluation prohibits some activities because legal requirements have not been observed;
4) the general public have the right to access information on the Proposed Development and to participate in Impact Assessment procedures;
5) the resolution of environmental problems shall be commenced before comprehensive scientific proof of the negative impact of the Proposed Development on the environment is available. If there is justifiable doubt that the Proposed Development may have negative impacts on the environment, precautionary measures shall be taken and if necessary, the activity shall be prohibited (precautionary principle);
6) the assessment process shall be comprehensive and transparent and in accordance with legal, planning and environmental principles, scientific method, and sustainable economics.
[With amendments, done by 30 May 2001 law, coming into force from 21 Jun 2001]
Article 4. The Need for Impact Assessment
(1) Impact Assessment is required for Proposed Developments which:
1) are listed in the Annex to this Law;
2) require Impact Assessment in accordance with the international agreements ratified by the Republic of Latvia;
3) Competent Authority referred to in Article 6 of this Law have so requested on the basis of the results of an initial assessment.
(2) If the Impact Assessment is not required for Proposed Development, Head of Regional Environmental Board issues Technical Conditions in accordance with the Cabinet of Ministers' Regulations for each Proposed Development. The Cabinet of Ministers shall set the Proposed Developments that require technical conditions, procedure for submitting the application, requirements for the content of the technical conditions and procedure for application and preparation of it.
(3) Impact Assessment is not required for drafts of strategies, action plans, national programs and development programs, the adoption of which may have significant environmental impacts. These drafts must include a section providing information on the environmental impact of the proposed strategy, plan or program.
[With amendments, done by 30 May 2001 law, coming into force from 21 Jun 2001]
Article 5. Financing of Impact Assessments
Each Impact Assessment is financed by its’ Proponent.
Article 6. Organisation of Impact Assessment
The organisation of Impact Assessment is the responsibility of a State authority established by the Cabinet of Ministers (hereafter - Competent Authority). The Statutes and regulations of the Competent Authority are approved by the Cabinet of Ministers.
Chapter II Application for a Proposed Development
Article 7. Application to the Competent Authority for a Proposed Development
If a Proposed Development:
1) is listed in the Annex to this Law;
2) requires Impact Assessment in accordance with international agreements ratified by the Republic of Latvia;
the Proponent shall submit to the Competent Authority a written application (hereafter – Application) of the Proposed Development, which indicates at least two different alternatives for the location or applied technology of the Proposed Development.
[With amendments, done by 30 May 2001 law, coming into force from 21 Jun 2001]
Article 8. Application to a Regional Environmental Board for a Proposed Development
If a Proposed Development is not covered by Article 7 of this Law, but may have a significant impact on the environment, the Proponent shall submit to the relevant Regional Environmental Board a written application (hereafter – Application), which indicates at least two different alternatives for the location or applied technology of the Proposed Development.
Article 9. Contents of the Application for a Proposed Development
The contents of the Application for a Proposed Development is specified in the Cabinet of Ministers’ Regulations “Procedures for Environmental Impact Assessment”.
Chapter III Initial Impact Assessment of a Proposed Development
Article 10. Proposed Activities which require an Initial Impact Assessment
Pursuant to Article 8 of this Law, Proposed Developments of which the Regional Environmental Board has been notified, shall be subject to an initial Impact Assessment (hereafter - Initial Assessment), in order to determine whether the Proposed Development requires an Impact Assessment on the basis of the criteria specified in Article 11 of this Law.
Article 11. Criteria for Assessing the Environmental Impact of a Proposed Development
The environmental impact of a Proposed Development shall be assessed according to the following criteria:
1) characteristics of the Proposed Development:
a) size or scope;
b) interaction of the Proposed Development and other activities;
c) use of natural resources;
d) production of wastes;
e) pollution and nuisances;
f) risk of accidents (from technological processes or substances used);
2) description and geographical characteristics of the area of the Proposed Development:
a) existing land use;
b) the relative quantity and quality of natural resources at the site, and potential for regeneration;
c) the absorption capacity of the natural environment particularly to special protection nature areas, specially protected species and habitats, wetlands of international importance, environmental and natural resources protection belts and important birds areas;
d) areas where pollution levels exceed environmental quality criteria and standards;
e) population density in the vicinity of the site;
f) historical, archaeological and culturally significant landscapes;
3) potential environmental impact of the Proposed Development pursuant to the criteria given in Paragraphs 1 and 2 of this Article and taking into consideration:
a) size (the size and population of the area affected by the Proposed Development);
b) potential transboundary impacts;
c) magnitude and complexity of impacts;
d) probability of impacts;
e) duration, frequency and reversibility of impacts.
[With amendments, done by 30 May 2001 law, coming into force from 21 Jun 2001]
Article 12. Procedure for the Organisation of Initial Assessment
The Initial Assessment shall be organised by the relevant Regional Environmental Board pursuant to the Cabinet of Ministers’ Regulations “Procedures for Environmental Impact Assessment”.
Article 13. Results of Initial Assessment
The Regional Environmental Board shall forward the results of Initial Assessment together with the Proponent's Application for the Proposed Developments to the Competent Authority for approval.
[In the wording of 30 may 2001 law, coming into force 21 Jun 2001]
Chapter IV Procedure for Performance of Impact Assessment
Article 14. Confirmation of the Requirement for Impact Assessment
(1) Having reviewed the Application, if the Competent Authority passes a decision that an Impact Assessment is required for the Proposed Development, it forwards written notification to the Proponent and to interested State and municipal institutions that an Impact Assessment is being initiated.
(2) An interested person or entity may appeal in Court the decision of the Competent Authority that an Impact Assessment is required for the Proposed Development for which an Initial Assessment was carried out.
(3) If the Competent Authority decides that no Impact Assessment is required for the Proposed Development, it forwards written notification to the Proponent, the relevant Regional Environmental Board and the municipality in whose territory the Proposed Development is to be undertaken. Additionally, and pursuant to the Cabinet of Ministers’ Regulations “Procedures for Environmental Impact Assessment”, the Competent Authority shall publish a notice stating that no Impact Assessment is required.
Article 15. Initial Public Hearing for Impact Assessment of the Proposed Development
(1) If the Proponent has received written notification from the Competent Authority that an Impact Assessment for the Proposed Development is required, the Proponent shall, pursuant to the procedure outlined in the Cabinet of Ministers’ Regulations “Procedures for Environmental Impact Assessment”, publish a notice about the Proposed Development and informing members of the public that they may make written submissions concerning the potential environmental impact of the Proposed Development.
(2) In response to the written request of the Competent Authority, relevant Regional Environmental Board, an elected deputy of the relevant municipality or at least 10 citizens or permanent residents of the Republic of Latvia, the Proponent is obliged to arrange an initial public hearing for the Impact Assessment of the Proposed Development. All interested persons are entitled to participate in such a hearing and express their views.
(3) The initial public hearing of the Impact Assessment of the Proposed Development shall take place in accordance with the Cabinet of Ministers’ Regulations “Procedures for Environmental Impact Assessment”, except in the following cases:
1) when the Proposed Development consists of construction works and a public hearing is required pursuant to legislation on construction;
2) when the Proposed Development is physical planning project and a public hearing is required pursuant to legislation on spatial development planning.
(4) The Competent Authority shall participate in every initial public hearing on the Impact Assessment of a Proposed Development carried out pursuant to this Law, legislation on construction and legislation on spatial development planning.
Article 16. Impact Assessment Program
(1) Following the written request of the Proponent, the Competent Authority shall elaborate and forward to the Proponent an Impact Assessment program (hereafter - Program), which includes environmental protection requirements and regulations, as well as a list of studies and organisational measures necessary for the performance of Impact Assessment.
(2) The Program shall be based on the Proponent’s Application of the Proposed Development, the Initial Assessment, if undertaken, the results of the initial public hearing, and take into consideration the submissions from members of the public and information provided by interested State and municipal institutions. The minimum requirements for the contents of the Program and its preparation shall be regulated by the Cabinet of Ministers’ Regulations “Procedures for Environmental Impact Assessment”.
(3) When preparing the Program, the Competent Authority is entitled to consult with various experts and may also request additional information from the Proponent.
(4) The Program remains in effect for a period of three years. The Proponent shall submit to the Bureau a second request for issuing the program, if the time of validity has expired, but Final Statement, as specified in Article 19, has not been submitted to the Competent Authority.
[With amendments, done by 30 May 2001 law, coming into force from 21 Jun 2001]
Article 17. Draft Environmental Impact Statement, its Preparation and Public Hearing
(1) In accordance with the prepared Program, the Proponent prepares a Draft Environmental Impact Statement (hereafter - Draft EIS) and submits it to the Competent Authority for review, as well as to other institutions as instructed by the Competent Authority.
(2) The Draft EIS shall contain information on:
1) the Proposed Development and potential alternatives for the location and applied technology (including cancellation of the Proposed Development);
2) the potential environmental impact of the Proposed Development and the alternatives mentioned in the above paragraph;
3) technological and other measures which may help prevent or reduce the negative environmental impact of the Proposed Development.
(3) The Proponent is entitled to receive information necessary for the preparation of the Draft EIS from the Competent Authority, State institutions and municipalities. All costs relating to the preparation of this information shall be borne by the Proponent.
(4) If the Proponent decides to cancel the Proposed Development during the course of preparing the Draft EIS, he shall immediately notify the Competent Authority of this decision.
(5) The Proponent shall publish a notice informing the public that the Draft EIS is available for public review, that written submissions will be received and that the public is invited to participate in the public hearing on the Draft EIS.
(6) The contents of the Draft EIS, the publication of notices and the procedures for a public hearing on the Draft EIS shall be in accordance with the Cabinet of Ministers’ Regulations “Procedures for Environmental Impact Assessment”.
Article 18. Evaluation of the Draft EIS
The Competent Authority, taking into consideration the viewpoints of interested State and municipal institutions, written submissions by members of the public and the results of public hearings, shall assess the conformity of the Draft EIS to the requirements specified in the Program (inviting experts if required), and prepare an evaluation report on the Draft EIS, which is then forwarded to the Proponent. The Evaluation Report may indicate modifications that need to be made to the Draft EIS.
Article 19. Final Environmental Impact Statement
Taking into consideration the Competent Authority’s Evaluation Report of the Draft EIS, the Proponent shall prepare a final draft of the Environmental Impact Statement (hereafter - Final EIS) and submit it to the Competent Authority.
Article 20. Evaluation of the Final EIS
(1) The Competent Authority shall evaluate the Final EIS in accordance with the Cabinet of Ministers’ Regulations “Procedures for Environmental Impact Assessment”, using as the basic criteria the conformity of the Proposed Development to legislative requirements. If the Final EIS does not conform to the Program, or the Competent Authority’s Evaluation Report on the Draft EIS has not been taken into consideration, the Competent Authority is entitled to return the Final EIS to the Proponent for modification, indicating the modifications to be made.
(2) The Competent Authority forwards its Evaluation Report on the Final EIS to the Proponent and State and municipal institutions involved in the Impact Assessment. It also publishes a notice informing that it has completed its evaluation of the Final EIS, and that copies of the Evaluation Report and Final EIS are available for viewing.
(3) The Evaluation Report of the Final EIS remains in effect for a period of three years. In the event that acceptance of the Proposed Development, as specified in Article 21 of this Law, is not passed during this period, a new Impact Assessment is required.
Article 20.1. Proposed Developments that may have transboundary impact
(1) If the Competent Authority in the decision passed on requiring Impact Assessment indicates that Proposed Development is likely to have a significant transboundary impact, it forwards written notification to the Proponent, Ministry of Environmental Protection and Regional Development, Ministry of Foreign Affairs and to interested State and municipal institutions informing about the case.
(2) Having received opinion from the Ministry of Environmental Protection and Regional Development and the Ministry of Foreign Affairs, the Competent Authority forwards written notification on the Proposed Development to the State which may be affected by a significant transboundary impact of the Proposed Development, before the Proponent informs the public of Latvia on Proposed Development in accordance with Paragraph 1 of Article 15 of this Law.
(3) The notification shall contain following information:
1) the application for a Proposed Development;
2) any available information on the Proposed Development that is likely to have transboundary impact;
3) information about an opinion of the State or municipal institution on the Proposed Development;
4) the closing date and location for the submission of response, indicating whether the State intends to participate in the Impact Assessment.
(4) Upon receipt of a written request from any State, which may be affected by a significant transboundary impact of the Proposed Development, the Competent Authority shall forward the notification mentioned in the Paragraph 3 of this Article to this State, before the Proponent informs the public of Latvia on Proposed Development in accordance with Paragraph 1 of Article 15 of this Law.
(5) If the State which has received notification mentioned in the Paragraph 3 of this Article responds within the time specified in the notification indicating its desire to participate in the impact assessment, the Competent Authority shall forward to it program, Draft EIS and information on the procedure of Impact Assessment.
(6) The Competent Authority in cooperation with the Competent Authority of the State that has intended to participate in the Impact Assessment ensure that those authorities and public concerned are given an opportunity to review the information mentioned in Paragraph 3 and Paragraph 5 of this Article and submit proposals to the Competent Authority before it submits Evaluation Report of the Final EIS.
(7) The Competent Authority shall enter into consultations with the Competent Authority of the State intended to participate in the Impact Assessment procedure regarding potential transboundary impact of the Proposed Development, on measures to reduce or eliminate adverse impact and on the time frame for the duration of the consultation period.
[In the wording of 30 May 2001 law, coming into force from 27 Jun 2001]