Indonesia is a developing country, therefore development in all sectors is implemented. Basically the development aims to provide prosperity for the community, and this is the ideal of the state as outlined in the Preamble of the Constitution of the State of the Republic of Indonesia 1945, paragraph 4th. One of these goals is to promote the general welfare.
Actually Environmental Law in Indonesia has been growing since the time of colonial Dutch East Indies government. The birth of the Stockholm Declaration of 1972, has greatly influenced the development of Environmental Law in Indonesia. What was originally oriented only to the usage then changed included also in protection. As participants of the conference, Indonesia is obliged to formulate and harmonize its legislation to the outcome of the Stockholm conference.
Although Indonesia has had Environmental Law for 36 years, but in fact have not been able to prevent the occurrence of damage / pollution. There are several examples and their case has even been up to the level of the court, such as the case of waste dumping of B3 (Hazardous and Toxic) by P.T. Indo Bharat Rayon (2013-2015), case of P.T. Freeport (2005-2006), cases of mud of P.T. Lapindo Brantas that have occurred since 2006, the pulp mill PT Inti Indorayon Utama (PT IIU) (1998-2000). Even though the community has been given the opportunity to participate in decision making as well as play a role in providing advice and feedback based on the legislation, people are still harmed as in some examples of the following cases, such as the development of PT. Cement Indonesia in Rembang, a mega peatland project in Central Kalimantan, drying up the residents' wells due to the construction of the Fave Hotel, as well as the water crisis in Kwarasan Village due to the bottled water business.
The document discusses the relationship between planning, development, and sustainability in the UK. It explains that the planning system aims to balance development and sustainability by resolving conflicts through regulations. Currently, the government believes localism and community involvement in the planning process can help achieve appropriate development and sustainability outcomes. The key elements of the UK planning system are established in legislation like the Town and Country Planning Act 1990, while policy documents like the National Planning Policy Framework provide further guidance.
The document discusses several key environmental policies and acts in India, including the Forest Conservation Act of 1980, the Environment Protection Act of 1986, the National Environmental Policy of 2006, and the Air Prevention and Control of Pollution Act of 1981. The acts were established to regulate activities that impact the environment, conserve forests, establish standards for pollution control, and advise the government on improving air quality. Violations of the acts can result in penalties such as fines or imprisonment. While the policies aim to protect the environment, pollution remains a major problem in India due to non-compliance, requiring a change in practices to minimize environmental exploitation.
Enforcement of enviornmental legislation, indian scenario in enforment, publi...Vamsi kumar
This document contains summaries of three student papers on environmental topics:
1. Prince Kumar's paper discusses factors affecting international environmental laws such as the identification and severity of problems, statistics, geography, law and order, political pressures, infrastructure, and international cooperation.
2. Tinku's paper examines India's enforcement of environmental legislation, noting that laws need strengthening and proper implementation to protect the environment.
3. Md. Shadab Chaudary's paper focuses on the importance of public awareness for environmental science and sustainable development, the role of various groups in increasing awareness, and suggestions for effective awareness campaigns.
Lecture-1 Understanding of Environmental PolicyShankor Paul
This document summarizes a lecture on environmental policy and planning. It defines key concepts like policy, public policy, and the policy cycle. It also distinguishes between policy and law, and policy and rules/regulations. The lecture discusses the development of international environmental laws and key principles like sustainable development. It provides examples of environmental policies in Bangladesh and outlines the objectives of studying environmental policy.
The document discusses the relationship between planning, development, and sustainability in the UK. It explains that the planning system aims to balance development and sustainability by resolving conflicts through regulations. Currently, the government believes localism and community involvement in the planning process can help achieve appropriate development and sustainability outcomes. The key elements of the UK planning system are established in legislation like the Town and Country Planning Act 1990, while policy documents like the National Planning Policy Framework provide further guidance.
The document discusses several key environmental policies and acts in India, including the Forest Conservation Act of 1980, the Environment Protection Act of 1986, the National Environmental Policy of 2006, and the Air Prevention and Control of Pollution Act of 1981. The acts were established to regulate activities that impact the environment, conserve forests, establish standards for pollution control, and advise the government on improving air quality. Violations of the acts can result in penalties such as fines or imprisonment. While the policies aim to protect the environment, pollution remains a major problem in India due to non-compliance, requiring a change in practices to minimize environmental exploitation.
Enforcement of enviornmental legislation, indian scenario in enforment, publi...Vamsi kumar
This document contains summaries of three student papers on environmental topics:
1. Prince Kumar's paper discusses factors affecting international environmental laws such as the identification and severity of problems, statistics, geography, law and order, political pressures, infrastructure, and international cooperation.
2. Tinku's paper examines India's enforcement of environmental legislation, noting that laws need strengthening and proper implementation to protect the environment.
3. Md. Shadab Chaudary's paper focuses on the importance of public awareness for environmental science and sustainable development, the role of various groups in increasing awareness, and suggestions for effective awareness campaigns.
Lecture-1 Understanding of Environmental PolicyShankor Paul
This document summarizes a lecture on environmental policy and planning. It defines key concepts like policy, public policy, and the policy cycle. It also distinguishes between policy and law, and policy and rules/regulations. The lecture discusses the development of international environmental laws and key principles like sustainable development. It provides examples of environmental policies in Bangladesh and outlines the objectives of studying environmental policy.
Institutional framework of environmental management in bangladeshSamiSharmin
The document discusses the institutional framework for environmental management in Bangladesh. It outlines several key institutions that play important roles:
- The Ministry of Environment and Forests is the leading government agency responsible for environmental protection and management. It oversees departments and organizations like the Department of Environment.
- Several environmental NGOs, research institutes, and universities conduct work related to environmental awareness, education, research, and grassroots initiatives. Major NGOs mentioned include BCAS, BELA, Proshika, and BRAC.
- Other entities that contribute include international donors, private sector groups, media organizations, and television/radio stations.
- An effective institutional framework is important for environmental management in Bangladesh
1) The document discusses environmental policy and the role of the judiciary in environmental justice in India. It outlines the underlying social, economic, and institutional causes of environmental degradation in India.
2) It then describes the evolution of environmental policy and legislation in India from ancient times to the present, including key Acts passed under British rule and modern environmental frameworks and policies.
3) The judiciary has played a significant role in developing environmental jurisprudence in India through public interest litigation and establishing principles like the precautionary principle and polluter pays principle.
NEP is a policy formulated in 2006 by Ministry of Environment and Forest,Govt. of India for providing certain strategies and standards that ensures environmental safety to surrounding areas,working areas, laboratories or facilities, are free from dangers.
Presentation on bangladesh environmental policy (1992)Parves Khan
The document summarizes Bangladesh's Environmental Policy from 1992. The policy aimed to maintain ecological balance, protect the country from natural disasters, regulate polluting activities, ensure environmentally sound development, sustainably use resources, and engage in international initiatives. It covered 15 development sectors and established the Ministry of Environment and Forest to coordinate implementation through a National Environment Committee. However, effective implementation has been limited due to a lack of funding, insufficient resources at the Department of Environment, poor inter-agency coordination, and limited community involvement.
Introduction to Sustainable DevelopmentPreeti Sikder
Learning Outcome:
Students will be able to :
a) discuss about the characteristics of sustainable development
b) grasp the scope of discussion under sustainable development as a branch of law
The National Environmental Policy seeks to extend the coverage, and fill in the gaps that still exist, in light of present knowledge and accumulated experiences.
This document discusses the right to environment as a human right. It outlines several key environmental rights such as the right to clean air and water. The document traces the development of environmental rights from international agreements like the Stockholm Declaration to laws in India protecting the environment. Both substantive rights to a healthy environment and procedural rights to access information are examined. The conclusion emphasizes the close relationship between human rights and the environment, and how recognizing this connection can better protect human dignity.
This document summarizes environmental policy and the judiciary's role in environmental protection in India. It discusses the underlying causes of environmental degradation like population growth, poverty, and lack of regulation. It outlines India's environmental policies from ancient times to the modern National Environment Policy of 2006. It also describes India's constitutional framework and key environmental laws. The judiciary has played a critical role in developing doctrines like the public trust doctrine, polluter pays principle, and sustainable development to impart environmental justice. The Delhi High Court in particular has made important rulings protecting the Yamuna River and regulating polluting industries.
Assessment of the Spatial Compliance and Negligence of Environmental Laws on ...AJSERJournal
This research work examined the spatial compliance and negligence of environmental laws on waste
management practices and consequences in the south-south region of Nigeria. Data for this study were collected from
primary and secondary sources, through the administration of one thousand, seven hundred and twenty eight (1,728)
copies of questionnaire using the random sampling method on respondents. Simple percentages, charts, student’s ttest, anova, and correlation statistical techniques were used in the analysis of the data collected. This study revealed
that waste management practices and controlled dumpsites location in the study area were not in compliance with
environmental laws. The null hypothesis one was rejected in favour of the positive hypothesis and concluded that, there
is a significant relationship between the waste dumpsites in the study area, and the impacts of their health hazards on
the immediate environment. The study therefore recommends that, in our pursuit of environmental protection and
compliance of environmental laws, we should strive towards achieving a balance in the benefits we derive from
activities that cause environmental pollution and the resultant harmful effects.
Presented by Shashya Mishra (Assistant Professor) Amity University Lucknow Campus, Amity Law School at IJSARD (International Journal of Socio-legal Analysis and Rural Development) International Virtual Conference 2017 On Law and Social Sciences.
The document discusses the idea of recognizing a human right to a healthy environment. It provides background on international agreements and jurisprudence that have linked human rights and environmental protection. It outlines three approaches to understanding this relationship and argues that a rights-based approach focusing on individual rights and state obligations is most effective. The document also references a recent UN report that opened debate on recognizing an independent right to a healthy environment.
Implementation of Sustainable DevelopmentPreeti Sikder
Learning Outcome: Students will be able to -
a) comprehend the suggestions for implementing Sustainable Development based on the Brundtland Commission's findings
b) Learn about the nature of SDGs
c) be informed about the current progress in achieving the SDGs
Introduction to Environmental Rule of LawPreeti Sikder
Lesson Outcomes: After completion of this lesson students will be able to -
a) Define environmental rule of law
b) Define environmental governance
c) Distinguish between environmental rule of law and environmental governance
The document discusses the National Environmental Policy Act (NEPA) of 1969 and how it promotes enhancing the environment. NEPA requires federal agencies to prepare environmental impact statements for projects using federal funding that assess possible environmental effects. While supported by the public who see more benefits than costs, NEPA is an example of entrepreneurial politics where a small number directly pay costs while the majority benefits. The Clean Air Act is also discussed, including how it aimed to cut vehicle pollution but people were unhappy with changes to their daily lives despite general pro-environment views. Scientific uncertainty around environmental issues and effects on international relations are noted. Pesticide use is presented as an example of client politics that benefits farmers over public and environmental interests.
The City of Keene, NH initiated a pilot program with ICLEI to develop a climate adaptation plan using ICLEI's 5 milestone process. The first milestone involved forming a committee to identify Keene's vulnerabilities to climate impacts. The committee determined the community's vulnerabilities fall within three sectors: built environment, natural environment, and social environment. This document represents milestone 3 of developing goals and targets to increase resilience in Keene.
The document discusses the history and goals of the environmental justice movement. It began in the US in the late 1960s when Martin Luther King Jr advocated for striking garbage workers facing unfair working conditions. The EPA defines environmental justice as the fair treatment and meaningful involvement of all people regardless of attributes like race in environmental policy. It aims to give all people equal protection from hazards and decision making power over their environment. The document also discusses how environmental justice applies in Bangladesh through demands like food/water security, participation rights, and protections from disasters, pollution, and loss of resources.
The document summarizes the key challenges and opportunities for Ghana related to mitigating forest-related climate change through REDD+ initiatives. It outlines Ghana's ongoing policy approaches, weaknesses in addressing climate change, next operational steps, and a proposed roadmap. Key challenges include deforestation from fuelwood harvesting and agriculture. Weaknesses include issues with land tenure systems. Next steps include developing a REDD+ readiness plan, monitoring systems, and building capacity and institutional arrangements. Opportunities include linking REDD+ with the Ghana-EU partnership agreement and potential carbon market benefits.
The document discusses the role of governments in environmental protection and policy making. It explains that governments can help protect environmental interests through policies that address market failures, full-cost pricing, and the tragedy of the commons. The policy making process involves legislation, funding, rule-writing, and enforcement that is influenced by political processes. Individuals can also work to influence environmental policies through civic engagement, voting, and activism. Environmental laws and regulations are used to control pollution, set safety standards, and protect species. International cooperation and treaties are needed to address global environmental challenges but have been inadequate due to lack of funding and enforcement.
Political ecology of environmental management; a critical review of some rele...caxtonk2008
Introduction
The tremendous increase in the scale of human impact on earth together with our increased although imperfect understanding of ecological processes means that the environment can no longer viewed as a relatively stable background factor. Rather the interaction between economic development and complex and often fragile ecosystems on which that development depends has become a major political issue both locally and globally (Maigua & Musyimi, n.d.).
It is no longer possible to treat ecology and politics as separate spheres. The institutions that matter most are no longer specifically environmental but rather are the core institutions that govern or at least seek to govern the workings of the world politics and economy. A major focus is actually the integration of environmental concerns into the sphere of economic planning and policy making rather than the development of an entirely separate thus peripheral sphere (Maigua & Musyimi, n.d.).
This study therefore aims to make a critical analysis of some important aspects regarding the political ecology of environmental management. Political ecology informs political makers and organizations about the complexities surrounding environment and development thereby contributing to better environmental governance. It helps understand the decisions that communities make about the natural environment in the context of their political environment, economic pressures and societal regulations. Political ecology also looks at how unequal relations in and among societies affects the environment especially in the context of government policy (Grieber, 2009).
The study therefore at various political aspects and their influence on environmental management. Firstly it looks at the issue of environmental democracy and how it influences environmental management. This includes the aspects of participation, environmental justice and information access. It then elaborates environmental governance including global environmental governance and implications on environmental management.
The study then looks at other political aspects of relevance to environmental management including: the global commons, geopolitics, environmental movements and the conduct of politicians. It then looks at trends in the political ecology of Africa and then Kenya specifically. Policy making and how it influences environmental management is then explained. The study then winds up with a review of. The legal and policy frameworks for environmental management in Kenya.
Application and institutionalization of environmental impact assesment and au...caxtonk2008
Environmental impact assessment is the systematic and critical examination of the effects of a project on the environment so as to provide the information to relevant authorities for decision making. Environmental audit on the other hand is the undertaken in order to ensure that the provisions made under the environmental impact assessment for managing impacts emanating from a project are adhered to, check for any new impacts and make recommendations for improvement of the project activity.
The current development activities in East Africa call for adoption of environment impact assessment and audit. This is so as to ensure that this development is done in a sustainable manner. The fact that the East African partner states share many resources with each other also calls for a concerted effort towards development of environment impact assessment and audit process. This also calls for recognition of global developments with an aim of ensuring that environmental management and assessment is carried out in manner that is in tandem with global trends.
This paper aims to study the application and institutionalization of environment impact assessment and audit in the East African community partner states. It starts with a general description of the environmental impact assessment and audit process. This is followed by an elaboration of its history and evolution over time. The paper then goes on to look at the policy, legal and institutional frameworks that guide environmental impact assessment and audit process in East Africa.
The legal and policy review begins at the global level. This looks at the various international treaties relevant to environmental impact assessment and audit that the East African partner states are party and the environmental assessment policies of key financial institutions operating in the region. The paper then reviews the legal and policy framework at the regional level in order to gain a deep understanding of the provisions for harmonization of environmental impact assessment and audit in the East African region.
Policy and legal frameworks for environmental impact assessment and audit in individual East African community countries including: Uganda, Tanzania, Rwanda, Burundi and Kenya are the looked into. The institutional frameworks for the conduct of environmental impact assessment and audit in these countries are also reviewed. The paper winds up by identifying some of the challenges facing environmental impact assessment and audit process among the East African community partner states.
Institutional framework of environmental management in bangladeshSamiSharmin
The document discusses the institutional framework for environmental management in Bangladesh. It outlines several key institutions that play important roles:
- The Ministry of Environment and Forests is the leading government agency responsible for environmental protection and management. It oversees departments and organizations like the Department of Environment.
- Several environmental NGOs, research institutes, and universities conduct work related to environmental awareness, education, research, and grassroots initiatives. Major NGOs mentioned include BCAS, BELA, Proshika, and BRAC.
- Other entities that contribute include international donors, private sector groups, media organizations, and television/radio stations.
- An effective institutional framework is important for environmental management in Bangladesh
1) The document discusses environmental policy and the role of the judiciary in environmental justice in India. It outlines the underlying social, economic, and institutional causes of environmental degradation in India.
2) It then describes the evolution of environmental policy and legislation in India from ancient times to the present, including key Acts passed under British rule and modern environmental frameworks and policies.
3) The judiciary has played a significant role in developing environmental jurisprudence in India through public interest litigation and establishing principles like the precautionary principle and polluter pays principle.
NEP is a policy formulated in 2006 by Ministry of Environment and Forest,Govt. of India for providing certain strategies and standards that ensures environmental safety to surrounding areas,working areas, laboratories or facilities, are free from dangers.
Presentation on bangladesh environmental policy (1992)Parves Khan
The document summarizes Bangladesh's Environmental Policy from 1992. The policy aimed to maintain ecological balance, protect the country from natural disasters, regulate polluting activities, ensure environmentally sound development, sustainably use resources, and engage in international initiatives. It covered 15 development sectors and established the Ministry of Environment and Forest to coordinate implementation through a National Environment Committee. However, effective implementation has been limited due to a lack of funding, insufficient resources at the Department of Environment, poor inter-agency coordination, and limited community involvement.
Introduction to Sustainable DevelopmentPreeti Sikder
Learning Outcome:
Students will be able to :
a) discuss about the characteristics of sustainable development
b) grasp the scope of discussion under sustainable development as a branch of law
The National Environmental Policy seeks to extend the coverage, and fill in the gaps that still exist, in light of present knowledge and accumulated experiences.
This document discusses the right to environment as a human right. It outlines several key environmental rights such as the right to clean air and water. The document traces the development of environmental rights from international agreements like the Stockholm Declaration to laws in India protecting the environment. Both substantive rights to a healthy environment and procedural rights to access information are examined. The conclusion emphasizes the close relationship between human rights and the environment, and how recognizing this connection can better protect human dignity.
This document summarizes environmental policy and the judiciary's role in environmental protection in India. It discusses the underlying causes of environmental degradation like population growth, poverty, and lack of regulation. It outlines India's environmental policies from ancient times to the modern National Environment Policy of 2006. It also describes India's constitutional framework and key environmental laws. The judiciary has played a critical role in developing doctrines like the public trust doctrine, polluter pays principle, and sustainable development to impart environmental justice. The Delhi High Court in particular has made important rulings protecting the Yamuna River and regulating polluting industries.
Assessment of the Spatial Compliance and Negligence of Environmental Laws on ...AJSERJournal
This research work examined the spatial compliance and negligence of environmental laws on waste
management practices and consequences in the south-south region of Nigeria. Data for this study were collected from
primary and secondary sources, through the administration of one thousand, seven hundred and twenty eight (1,728)
copies of questionnaire using the random sampling method on respondents. Simple percentages, charts, student’s ttest, anova, and correlation statistical techniques were used in the analysis of the data collected. This study revealed
that waste management practices and controlled dumpsites location in the study area were not in compliance with
environmental laws. The null hypothesis one was rejected in favour of the positive hypothesis and concluded that, there
is a significant relationship between the waste dumpsites in the study area, and the impacts of their health hazards on
the immediate environment. The study therefore recommends that, in our pursuit of environmental protection and
compliance of environmental laws, we should strive towards achieving a balance in the benefits we derive from
activities that cause environmental pollution and the resultant harmful effects.
Presented by Shashya Mishra (Assistant Professor) Amity University Lucknow Campus, Amity Law School at IJSARD (International Journal of Socio-legal Analysis and Rural Development) International Virtual Conference 2017 On Law and Social Sciences.
The document discusses the idea of recognizing a human right to a healthy environment. It provides background on international agreements and jurisprudence that have linked human rights and environmental protection. It outlines three approaches to understanding this relationship and argues that a rights-based approach focusing on individual rights and state obligations is most effective. The document also references a recent UN report that opened debate on recognizing an independent right to a healthy environment.
Implementation of Sustainable DevelopmentPreeti Sikder
Learning Outcome: Students will be able to -
a) comprehend the suggestions for implementing Sustainable Development based on the Brundtland Commission's findings
b) Learn about the nature of SDGs
c) be informed about the current progress in achieving the SDGs
Introduction to Environmental Rule of LawPreeti Sikder
Lesson Outcomes: After completion of this lesson students will be able to -
a) Define environmental rule of law
b) Define environmental governance
c) Distinguish between environmental rule of law and environmental governance
The document discusses the National Environmental Policy Act (NEPA) of 1969 and how it promotes enhancing the environment. NEPA requires federal agencies to prepare environmental impact statements for projects using federal funding that assess possible environmental effects. While supported by the public who see more benefits than costs, NEPA is an example of entrepreneurial politics where a small number directly pay costs while the majority benefits. The Clean Air Act is also discussed, including how it aimed to cut vehicle pollution but people were unhappy with changes to their daily lives despite general pro-environment views. Scientific uncertainty around environmental issues and effects on international relations are noted. Pesticide use is presented as an example of client politics that benefits farmers over public and environmental interests.
The City of Keene, NH initiated a pilot program with ICLEI to develop a climate adaptation plan using ICLEI's 5 milestone process. The first milestone involved forming a committee to identify Keene's vulnerabilities to climate impacts. The committee determined the community's vulnerabilities fall within three sectors: built environment, natural environment, and social environment. This document represents milestone 3 of developing goals and targets to increase resilience in Keene.
The document discusses the history and goals of the environmental justice movement. It began in the US in the late 1960s when Martin Luther King Jr advocated for striking garbage workers facing unfair working conditions. The EPA defines environmental justice as the fair treatment and meaningful involvement of all people regardless of attributes like race in environmental policy. It aims to give all people equal protection from hazards and decision making power over their environment. The document also discusses how environmental justice applies in Bangladesh through demands like food/water security, participation rights, and protections from disasters, pollution, and loss of resources.
The document summarizes the key challenges and opportunities for Ghana related to mitigating forest-related climate change through REDD+ initiatives. It outlines Ghana's ongoing policy approaches, weaknesses in addressing climate change, next operational steps, and a proposed roadmap. Key challenges include deforestation from fuelwood harvesting and agriculture. Weaknesses include issues with land tenure systems. Next steps include developing a REDD+ readiness plan, monitoring systems, and building capacity and institutional arrangements. Opportunities include linking REDD+ with the Ghana-EU partnership agreement and potential carbon market benefits.
The document discusses the role of governments in environmental protection and policy making. It explains that governments can help protect environmental interests through policies that address market failures, full-cost pricing, and the tragedy of the commons. The policy making process involves legislation, funding, rule-writing, and enforcement that is influenced by political processes. Individuals can also work to influence environmental policies through civic engagement, voting, and activism. Environmental laws and regulations are used to control pollution, set safety standards, and protect species. International cooperation and treaties are needed to address global environmental challenges but have been inadequate due to lack of funding and enforcement.
Political ecology of environmental management; a critical review of some rele...caxtonk2008
Introduction
The tremendous increase in the scale of human impact on earth together with our increased although imperfect understanding of ecological processes means that the environment can no longer viewed as a relatively stable background factor. Rather the interaction between economic development and complex and often fragile ecosystems on which that development depends has become a major political issue both locally and globally (Maigua & Musyimi, n.d.).
It is no longer possible to treat ecology and politics as separate spheres. The institutions that matter most are no longer specifically environmental but rather are the core institutions that govern or at least seek to govern the workings of the world politics and economy. A major focus is actually the integration of environmental concerns into the sphere of economic planning and policy making rather than the development of an entirely separate thus peripheral sphere (Maigua & Musyimi, n.d.).
This study therefore aims to make a critical analysis of some important aspects regarding the political ecology of environmental management. Political ecology informs political makers and organizations about the complexities surrounding environment and development thereby contributing to better environmental governance. It helps understand the decisions that communities make about the natural environment in the context of their political environment, economic pressures and societal regulations. Political ecology also looks at how unequal relations in and among societies affects the environment especially in the context of government policy (Grieber, 2009).
The study therefore at various political aspects and their influence on environmental management. Firstly it looks at the issue of environmental democracy and how it influences environmental management. This includes the aspects of participation, environmental justice and information access. It then elaborates environmental governance including global environmental governance and implications on environmental management.
The study then looks at other political aspects of relevance to environmental management including: the global commons, geopolitics, environmental movements and the conduct of politicians. It then looks at trends in the political ecology of Africa and then Kenya specifically. Policy making and how it influences environmental management is then explained. The study then winds up with a review of. The legal and policy frameworks for environmental management in Kenya.
Application and institutionalization of environmental impact assesment and au...caxtonk2008
Environmental impact assessment is the systematic and critical examination of the effects of a project on the environment so as to provide the information to relevant authorities for decision making. Environmental audit on the other hand is the undertaken in order to ensure that the provisions made under the environmental impact assessment for managing impacts emanating from a project are adhered to, check for any new impacts and make recommendations for improvement of the project activity.
The current development activities in East Africa call for adoption of environment impact assessment and audit. This is so as to ensure that this development is done in a sustainable manner. The fact that the East African partner states share many resources with each other also calls for a concerted effort towards development of environment impact assessment and audit process. This also calls for recognition of global developments with an aim of ensuring that environmental management and assessment is carried out in manner that is in tandem with global trends.
This paper aims to study the application and institutionalization of environment impact assessment and audit in the East African community partner states. It starts with a general description of the environmental impact assessment and audit process. This is followed by an elaboration of its history and evolution over time. The paper then goes on to look at the policy, legal and institutional frameworks that guide environmental impact assessment and audit process in East Africa.
The legal and policy review begins at the global level. This looks at the various international treaties relevant to environmental impact assessment and audit that the East African partner states are party and the environmental assessment policies of key financial institutions operating in the region. The paper then reviews the legal and policy framework at the regional level in order to gain a deep understanding of the provisions for harmonization of environmental impact assessment and audit in the East African region.
Policy and legal frameworks for environmental impact assessment and audit in individual East African community countries including: Uganda, Tanzania, Rwanda, Burundi and Kenya are the looked into. The institutional frameworks for the conduct of environmental impact assessment and audit in these countries are also reviewed. The paper winds up by identifying some of the challenges facing environmental impact assessment and audit process among the East African community partner states.
The document provides details about environmental impact assessment (EIA) in Tanzania, including:
1. It defines EIA and discusses its historical background and use under different policies in Tanzania.
2. It describes the EIA process, including who carries it out, the key steps involved, and how the output is used.
3. It discusses the importance of EIA for decision making, public participation, and sustainable development, as well as some challenges of implementing EIA in Tanzania, such as costs and time requirements.
This document provides an overview of concepts related to environmental policy. It begins with defining key terms like policy, public policy, and the policy cycle. It then distinguishes between policies, laws, rules and regulations. The document outlines the development of international environmental laws and policies starting from the 1972 Stockholm Declaration. It discusses principles of international environmental law like sustainable development, responsibility for transboundary harm, precaution, and polluter pays. The document provides context for why the study of environmental policy is important for scientific understanding, problem solving, and policy recommendations. It concludes with references for further reading.
This report provides an environmental NGO's perspective on environmental justice policy in South Korea for an OECD review. It summarizes major environmental injustice problems in South Korea from 2005-2016 related to nuclear power plants, radioactive waste disposal sites, and high-voltage transmission lines. The report argues that development projects have disproportionately burdened rural and weaker communities while urban areas receive the benefits. It recommends legal and institutional reforms to incorporate public participation and corrective justice into the development process.
This document outlines the course contents for a semester on Environmental Impact Assessment at Anna University. It covers 5 units: (1) introduction to EIA including its historical development, process, and regulatory aspects in India; (2) components and methods used for EIA like matrices, checklists, and modeling tools; (3) impact on socio-economic systems including definitions of social impact assessment; (4) environmental management plans including preparation, implementation and review; and (5) sectoral EIA related to infrastructure, mining, industry and other sectors. The introduction provides a detailed overview of the EIA process involving screening, scoping, analysis, mitigation and its role in decision making for proposed projects and developments.
A REVIEW ON THE SUCCESS FACTORS FOR COMMUNITY PARTICIPATION IN SOLID WASTE MA...Kelly Lipiec
Community participation is key to the success of solid waste management. Effective communication among
stakeholders and welcoming new community participants are important success factors. Communication allows
understanding of issues to develop and identification of conflicts. Welcoming participants openly and valuing their
contributions encourages ongoing involvement.
This document provides an overview of the evolution of South Africa's National Environmental Management Act (NEMA) from 1998 to 2014. It discusses the key principles and purposes established in the original 1998 NEMA legislation. It then summarizes the various additional environmental acts passed between 1998 and 2014 to enforce NEMA and address issues like water resources, protected areas, and biodiversity. The document also outlines amendments made to NEMA in 2009, 2010, and 2012 to improve efficiency, allow for additional environmental management tools, and clarify terminology and processes like public participation and appeals.
The document summarizes a workshop on institutions for ecosystem services that took place from October 27-29, 2014. The workshop objectives were to encourage sharing of research on links between institutions and ecosystem services, synthesize lessons about institutional arrangements needed to ensure ecosystem service projects deliver benefits, and identify policies to strengthen supporting institutions. It provided background on ecosystem services and discussed topics like the importance of institutions at multiple scales, challenges around time lags and spatial disconnects between ecosystem service production and use, and lessons that can be learned from other research and cases.
The document provides background information on community-based adaptation (CBA) and summarizes the proceedings of the 5th International Conference on CBA held in Bangladesh in 2011.
Some key points:
- CBA began in 2005 with workshops in Bangladesh focused on incorporating climate change adaptation into existing poverty reduction and development efforts.
- Subsequent conferences were held every 1-2 years in different locations and grew in size, with the 5th conference in 2011 hosting over 300 participants.
- Conference sessions focused on defining concepts like vulnerability, adaptation and resilience; differentiating CBA from other approaches; and sharing experiences and best practices.
- Field visits exposed participants to local communities' climate adaptation measures and initiatives were discussed to
presentation on a paper of EIA given by Richard K. Morgan. The paper includes the growth of EIA around the world in last 40 years and also includes the effectiveness of EIA.
Public policy making and implementation in nigeria connecting the nexusAlexander Decker
This document discusses public policy making and implementation in Nigeria. It begins by defining public policy and describing it as the means by which governments seek to achieve goals and objectives through programs and services. The document then reviews literature on public policy concepts and characteristics. It identifies several key actors involved in the policy making process in Nigeria, including governmental bodies like the legislature, executive, judiciary, and bureaucracy. The study revealed that in Nigeria there is a disconnect between the government, public, and government agencies in policy formulation and implementation. This helps explain why policies often fail. The conclusion is that Nigeria's problem is not with policy formulation but accurate implementation. Recommendations include improving connections between policymakers and the public to reduce imposed policies, and creating
BasConcept of Eic nvironmental Impact Assessment-pages-2-13,18-65.pdfTausifAhmad53
The document defines the environment and environmental impact assessment (EIA). It states that the environment includes physical, biological, social, cultural, and economic factors that surround organisms. An EIA is the process of identifying and assessing the potential impacts of a proposed project or action on the environment. The goals of an EIA include informing decisions, improving project design, promoting sustainability, and providing information to the public. The document also outlines the different components of the environment and reasons for conducting EIAs, such as preventing negative environmental and social consequences of past projects.
The document discusses the objectives and importance of public involvement in environmental impact assessments (EIAs). It states that public participation is essential for EIAs and environmental decision making as it allows local knowledge and values to be incorporated. This improves the quality of decisions and project legitimacy. It also informs the public about proposed projects and their impacts. Early and meaningful public involvement throughout the EIA process is important for input on identifying impacts and alternatives and improving EIA reports and final decisions.
The document discusses concepts related to environmental management and sustainable development. It defines sustainable development as meeting present needs without compromising future generations' ability to meet their needs. Environmental management aims to control human impact on the environment to preserve resources and improve human welfare now and in the future. It involves planning, resource conservation, evaluation, legislation, and administration to support sustainable development.
This document provides an overview of an introductory unit on environment management. It discusses key topics that will be covered, including defining environment management, the fundamentals of sustainable development, implications of human population growth, and the relationship between environment and business schools. The unit is estimated to take 10-15 hours to complete through readings, self-assessment tests, assignments, and further research. It provides a content map that outlines the main sections and subsections to be addressed.
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2. • Stockholm Declaration of 1972, has greatly influenced the development of
Environmental Law in Indonesia.
• As outlined in article 33, paragraph 3 of UUD 1945, “The earth, the water and
the natural wealth contained therein are controlled by the state and used for
the greatest prosperity of the people”.
• As stated in the Preamble of UUD 1945 paragraph 4, the goal of the state is
to promote the general welfare. Therefore development in all sectors is
implemented to provide prosperity for the community.
• Act No. 32 of 2009 which regulates the Environmental Protection and
Management (UUPPLH-2009) in article 70, outlines the roles for the
community to participate in the protection and management of the
environment in order to actualize the goal of sustainable development.
• Although Indonesia has had Environmental Law for 36 years, but in fact have
not been able to prevent the occurrence of damage/ pollution. There are
several examples and their case has even been up to the level of the court.
3. 1. How is the government's seriousness in implementing and enforcing Environmental
Law in the midst of Sustainable Development in Indonesia?
2. How effective is the mechanism and form of community participation as a form of
prevention of environmental damage resulting from a business and/ or activity?
4. Based on Article 1 point (1) of Law Number 32 Year 2009: Environment is the unity of space
with all objects, power, circumstances, and living things, including humans and their behaviour,
which affects the viability of life and the welfare of human beings and other living beings.
Environme
nt
Law
Environmental
Law
Based on Law Dictionary (2009), Law is the whole set of rules in which each person must
comply: a system that regulates human behaviour in a society or nation; constitution,
ordinances or regulations established by the government and signed into law.
According to Drupsteen (1978), Environmental law is the whole regulation that regulates the behaviour of people
About what should be done to the environment, whose implementation can be imposed with a sanction
by the authorities. Environmental law has two functions, which regulate human behaviour in managing
the environment and at the same time providing protection to the environment itself.
5. According to Sumijatun (2006), community is a group of people who have similar values and interest that are a special groups with
clear geographical boundaries and norms and values that have been institutionalized.
Community Planning
Community
Planning
In general, planning can be defined as an attempt to utilize available resources with due regard to any limitations that exist in order to
achieve an objective efficiently and effectively (Sujarto, 1985).
In line with Sujarto, Friedmann (1987) stated that planning is a systematic activity to maximize the utilization of available resources in
order to minimize conflict, due to greater development needs. Through planning, the formulation of development activities can be
efficient and effective to provide optimal results in utilizing available resources and developing existing potential.
Community planning is a policy, a plan, and/ or a development programs that must be imbued by the obligation to
preservation of the environment with the use of harmonious and balanced natural resources in realizing the goal of
sustainable development to protect NKRI from pollution and/ or damage (UUPPLH).
6. Community
(Crow & Allan, 1994)
By Location or Place
The area or place of a community can be seen as a place where a
group of people have something similar geographically.
Based on Interests
A group of people who establish a community because they share the
same interests, such as religion, occupation, ethnicity, race, or gender.
Based on Communion
Communion can mean a basic idea that can support the community
itself.
7. Making a plan is always through a fairly complicated process. The process is never
separated from the fruit of human thought. Therefore, ideology is very influential on the
planning done in a community, especially the country (Karim, 2011).
According to Saul M. Katz (2005), the reason / foundations for planning are:
a. A plan is expected to make a briefing of an activity, the guidance for the
implementation of activities that aim to achieve an estimate.
b. A plan is expected to make an estimate of the things in the implementation period
to be passed. Not only about the potential and prospects of development, but also
about the obstacles and risks that may be faced and to ensure that uncertainty can
be limited.
c. Planning provides an opportunity to choose alternatives on how to choose the best
combination.
d. With planning there is a preparation of the priority scale. Selecting sequences in
terms of the importance of the goals, objectives and business activities.
e. A plan will be a measuring instrument or standard for monitoring or evaluation.
Planning
8. White (2009) states, participation as an active involvement of local
communities in a decision-making or implementation of a development
projects.
It means there is a close relationship between community participation
and sustainable development.
Community
Planning
According to Saiful Arif (2009), the concept of an effective development
planning is touching the dimensions required by the community.
Development in a democratic country is carried out from, by and for the
benefit of the people. In this case the public participation is the key word
to determine the success or failure of a development being undertaken.
8 rights in UUPPLH Article 62, 65 and 70
1. The right for a good and healthy environment;
2. The right to get an environmental education;
3. The right for an access of information;
4. The right to participate;
5. The right to propose/ object to a proposed business/ activity that is
expected to have an impact on the environment;
6. The right to participate in the protection and management of the
environment;
7. The right to make a complaint due to alleged pollution and or damage
to the environment; and
8. The right not to be prosecuted criminally and civilly in the fight for the
right to a good and healthy environment.
9. Policies Tools Program
Keppres No. 16/1972
Committee and the Work Plan for the Government
in the Field of Environment
Item 10 Chapter II GBHN 1973-1978
and Chapter 4 REPELITA II
Keppres No. 27/1975
Committee for Inventory and Evaluation of Natural
Wealth
Law No. 4/1982 on the Basic Provisions of Environmental Management
(UULH-1982)
PP No. 29/1986
Environmental Impact Assessment
(AMDAL)
Keppres No. 23/1990 updated with Keppres No. 77/1994, updated with
Keppres No. 196/1998 updated with Keppres No. 10/2000
Environmental Impact Management Agency
(BAPEDAL)
Law No. 24/1992 on Spatial Planning (UUPR-1992) updated with Law No.
26/2007 (UUPR-2007)
Law No. 23/1997 on Environmental Management (UUPLH-1997) update of
Law No. 4/1982 (UULH-1982)
Keppres No.2/2002 updated of Keppres No. 10/2000
Transfer of duty, function and authority of
BAPEDAL to Minister of Environment
Law No. 32/2009 on Protection and Environmental Management (UUPPLH-
2009) update of Law No. 23/1997 (UUPLH-1997)
PP No. 27/2012 on Environmental Permit
Permen LH No. 17/2012 on guidelines for Community Engagement in the
Environmental Impact Analysis and Environmental Permit Process
Various policies and tools issued by the government in the effort to preserve the environment
11. Objectives of community
involvement in the AMDAL
preparation process:
o Communities are informed about business plans and/ or activities that have a
significant environmental impacts;
o Communities may submit suggestions, opinions and/ or responses about
business plans and/ or activities that have an important environmental impact;
o Communities may be involved in the decision-making process related to feasibility
recommendations or impropriety of business plans and/ or activities that have
significant environmental impacts;
o The public may submit suggestions, opinions and/ or responses related to the
environmental permit process.
2 factors that influence the
success/ failure of a community
participation (Conyers, 2009):
1. As a result of community involvement itself, communities will not participate on
their own or with high enthusiasm in planning activities if they feel that their
participation in the planning has no effect on the final plan.
2. Communities are reluctant to participate in activities that do not interest them or
have no direct effect that they can feel.
Reasons why AMDAL in
Indonesia cannot be run
effectively (Soemarwoto, 2014):
o Delay in the implementation of AMDAL, so it can no longer affect the planning
process without causing delays in program/ project implementation and raising
project costs;
o A poor understanding about meaning and role of AMDAL, so it is implemented
simply to comply with legislation or even misuse to justify a project;
o AMDAL techniques not developed enough to make it relevant with specific and
clear recommendations;
o Lack of skills on AMDAL commissions to check AMDAL reports;
o There is no good monitoring to find out whether the AMDAL recommendations
contained in the RKL document are actually used to improve the planning and are
implemented in the project implementation.
12. Weakness in
Environmental
Law Enforcement
A strong influence of the Modern Science Paradigm "Mechanistic-Reductionism“;
Usually only partial Legal Instruments applied;
Types and licensing procedures are still varied and the authority is not on one
agency;
Overlapping supervisory authority between the Ministry of Environment, Regional
Government and related Sector Ministries;
Economic instruments, administrative sanctions, compensation and the application
of environmental standards are not explicitly regulated, detailed and structured
under UUPPLH-2009;
The difficulty of proving the element of unlawful acts in environmental lawsuits in a
civil lawsuit, as it depends on formal evidence in accordance with formal
procedures and requirements as determined by law;
A law enforcement officer is no more than a "mouthpiece" of the law and state
tools without considering the sense of justice developed within the community.
13. Industrial companies in the country must have a strong commitment to harmonize its economic
activities with the principles of environmental preservation law;
Governments, proponents (business owners) and the society need to understand the role of
AMDAL comprehensively, not just as a study or a requirement document to enforce legislation,
but AMDAL as a form of prevention of environmental damage by using two-way communication;
Enforcement of environmental law should use all legal instruments, especially administrative,
criminal and civil law comprehensively, and also a serious efforts of the state in doing law
enforcement against business actors that cause environmental pollution and destruction;
A well-coordinated supervision authority and an integrated type of licensing;
Implementation of administrative sanctions is not only accompanied by consideration of the
juridical aspect but also the non juridical aspect, in which the interests of the environment and
society should take precedence over the interests of employers and the state;
Law enforcement is done thoroughly, using all legal means comprehensively and the application
of synergistic cooperation between the law enforcer;
A law enforcement officer must be progressive to make a legal breakthrough for the protection of
the ecosystem. The ecosystem approach should take precedence over other interests, mainly
from political, economic, or juridical technical considerations.