1) ENVIRONMENTAL IMPACT ASSESSMENT OF MINING INDUSTRIES 2) Section 51 and Section 53 of Environment Act 2000 3) PNG Environment Act 2000, Section 42 defined Level 3 activities 4) OBLIGATION TO HAVE A PERMIT AND RIGHTS OF PERMIT HOLDERS 5) INCEPTION REPORT 6) ACCEPTANCE OF ENVIRONMENTAL IMPACT STATEMENT 7) 58 COUNCIL’S RECOMMENDATION 8) Environment Act 2000 (Amendment 2010) (Papua New Guinea) 9) Environment (Amendment) Act 2014 10) GUIDELINE FOR CONDUCT OF EIA & PREPARATION OF EIS 11) CHARACTERISTICS OF THE RECEIVING ENVIRONMENT 12) WASTE MINIMISATION, CLEANER PRODUCTION AND ENERGY BALANCE 13) ENVIRONMENTAL MANAGEMENT, MONITORING AND REPORTING

1. SALIENT FEATURES OF EIA ACT OF PNG
Dr. Revanuru Subramanyam
Department of Civil Engineering
NATIONAL WORKSHOP
ON
ENVIRONMENTAL IMPACT ASSESSMENT OF MINING INDUSTRIES
04-05th November, 2019

2. INTRODUCTION
❖Section 51 and Section 53 of Environment Act 2000
❖To meet legal obligations, EIA & EIS is essential to prospective
developers (or their consultants).
❖ With an intention to carry out Level 3 activities in Papua New
Guinea
❖ PNG Environment Act 2000, Section 42 defined Level 3 activities
• Activities that -
▪(a) involve matters of national importance; or
▪(b) may result in serious environmental harm,
➢may be prescribed as level 3 activities.

3. OBLIGATION TO HAVE A PERMIT AND RIGHTS OF PERMIT HOLDERS
➢Without an environment permit
❖Penalty: Where the person convicted of an offence is –
• (a) a Corporation - a fine not exceeding K100,000.00; and
• (b) other than a Corporation - a fine not exceeding K50,000.00
or
• imprisonment for a term not exceeding two years, or both.
• Default penalty: A fine not exceeding K5,000.00

4. INCEPTION REPORT
• (1)Proponent must submit an inception report listing the issues to be
covered by the environmental impact statement.
• (2) The Director may issue Operational Procedures in the form of
guidelines for preparation of inception reports and an inception
report shall comply with those guidelines.
• (3) The Director shall, within 60 days of lodgment of an inception
report -
• (a) where he is satisfied that the inception report lists all the relevant
issues relating to the potential impacts of the proposed activity on
the environment - approve the inception report; or
• (b) refer the inception report back to the proponent for amendment
and re-submission.

5. Section 53. Environmental Impact Statement
• An EIS must cover the issues set out in the approved inception report.
• The developer must submit an EIS that provides a full documentation of all environmental and
social issues and committing to the employment of relevant mitigation measures in relation to
the development activity.
• ASSESSMENT
• Within 30 days of receipt of an EIS, the Director shall notify the proponent in writing of the
period the Director will require to assess the environmental impact statement and to decide
whether or not to accept the environmental impact statement under Section 56.
• The Director may for the purposes of assessing a proposed activity under this section -
• (a) require any person to provide him with such information as is specified in that requirement;
or
• (b) call a conference of interested persons to discuss the application; or
• (c) refer the environmental impact statement to the Environment Consultative Group; or
• (d) appoint a committee to conduct a public inquiry and report its findings to the Director; or
• (e) take any or all of the courses of action set out in Paragraphs (a) to (d) inclusive or take such
other investigations and inquiries as he thinks fit.

6. ACCEPTANCE OF ENVIRONMENTAL IMPACT STATEMENT
• (a) an environmental impact statement contains an adequate description of
• the nature and extent of physical and social environmental impacts which are likely
to result from the carrying out of a proposed activity; and
• (b) all reasonable steps will be taken to minimise environmental harm which may
result from the carrying out of the activity; and
• (c) the activity will be carried out in a manner which is consistent with all relevant
Environment Policies and the Regulation,
✓he shall accept the statement.
• (2) A decision by the Director under this section shall be in writing and specify the
reasons for the decision.
• (4) Where the Director has not made a decision under this section within the period
notified under Section
• 54(2), as extended (if at all) under Section 54(3), the Director shall be deemed to
have refused the environmental impact
• statement (and the provisions of Section 68 apply in relation to such deemed
refusal).

7. REFERRAL TO COUNCIL
• Where the Director has accepted an EIS, he shall within 14 days of the date
of acceptance refer the environmental impact statement to the Council
together with -
• (a) his assessment report; and
• (b) any public submissions and other information, in relation to the proposed
activity.

8. 58 COUNCIL’S RECOMMENDATION (Continue….)
• 1)The Council has consider the reports and other information on the proposed activity
and shall within 90 days
• where it is satisfied that -
• (i) the EIS contains an adequate description of the nature and extent of physical and
social environmental impacts which are likely to result from the carrying out of the
proposed activity; and
• (ii) all reasonable steps will be taken to minimise environmental harm which may result
from the carrying out of the activity; and
• (iii) the activity will be carried out in a manner which is consistent with all relevant
Environment Policies and the Regulation, accept the EIS and make a
recommendation to the Minister to approve the proposed activity in principle and
specify the conditions to which the proposed activity should be subject if it is approved;
or
• (b) refuse to accept the environmental impact statement and advise the proponent to
amend the statement and resubmit it to the Director.

9. 58 COUNCIL’S RECOMMENDATION (Continuous……)
• 2) In making a recommendation to the Minister, the Council shall have regard to -
• (a) the objects of the Act; and
• (b) the matters of national importance; and
• (c) the general environmental duty; and
• (d) any relevant Environment Policy; and
• (e) any relevant environmental impact statement; and
• (f) any assessment or report prepared at the request of the Director; and
• (g) where a Provincial Environment Committee has considered the proposed
activity, the views of that committee; and
• (h) any environmental harm which is likely to result from the proposed activity;
and
• (i) the character, resilience and beneficial values of the receiving environment;
etc.

10. 58 COUNCIL’S RECOMMENDATION
• (3) The Regulations may prescribe for further criteria to be applied
by the Council in making a recommendation to the Minister.
• (4) A decision by the Council under this section shall be in writing
and specify the reasons for the decision.
• (5) Where the Council has refused to accept an environmental
impact statement, the Council shall, on written application of the
proponent, allow the proponent to make representations to the
Council concerning the proposed activity and shall, where satisfied
as to the matters set out in Subsection (1)(a), accept the statement
and make a recommendation in accordance with Subsections (1)
and (2).

11. 59. MINISTER MAY GRANT APPROVAL IN PRINCIPLE
• (1) Subject to this section, where the Minister shall within 28 days of such receipt,
either -
• (a) issue an approval in principle for the activity; or
• (b) in any other circumstance - refuse to approve the activity.
• (2) A decision of the Minister under Subsection (1)(a) or (b) shall be in writing and
shall give reasons for the decision.
• (3) Where the Minister refuses to approve the activity, he shall immediately require
the Council to appoint a working Committee to provide advice in accordance with
Section 24.
• (4) The Regulations may prescribe the form in which the Minister’s decision shall be
recorded and the process for making the decision available to the public.
• Reference: Environmental Act 2000, PNG

12. Environment Act 2000 (Amendment 2010) (Papua New Guinea)
• The Environment Act provides the administrative mechanism to evaluate
impacts on the environment through an environmental approval and
permitting system under the administration of the DEC. In May 2010, the
Act was amended, restricting landowners‟ rights for projects ruled to be of
“national interest.” Current efforts under the new Government are being
made to repeal certain sections of the Amendment (January 2012).
• On Friday 27th May 2010, Parliament passed amendments to the
Environment* Act*2000 (Principal Act). In particular Sections 69A and B
plus Section 87A, B,C and were added to the existing law.

13. Environment (Amendment) Act 2014
• This Act amends the Environment Act with respect to a wide variety
of matters and in relation with the enactment of the Conservation
and Environment Protection Authority Act 2014. Matters subject to
modification include: environment management planning and policy,
environmental audit or investigation, definitions of "contaminants",
general environmental duty, causing environmental harm (defined),
freshwater pollution, classification of activities as being harmful to
the environment.

14. GUIDELINE FOR CONDUCT OF EIA & PREPARATION OF EIS
Dr. Revanuru Subramanyam
Department of Civil Engineering
NATIONAL WORKSHOP
ON
ENVIRONMENTAL IMPACT ASSESSMENT OF MINING INDUSTRIES
04-05th November, 2019

15. ➢EIA process and the EIS are key inputs, together with comments
received from referral bodies and other stakeholders, that will be
used by DEC to assess whether or not a proposal is recommended
for approval.

16. CONTENT OF THE ENVIRONMENTAL IMPACT STATEMENT
• LETTER OF TRANSMITTAL OR COVER LETTER
• It is important that an EIS on the proposal must be transmitted to DEC with a
cover letter signed by the responsible company official or its authorised
representative (i.e., consultant - engaged by the company to act on its
behalf).
• If an external consultant is used, the letter must also authorise the consultant
to make statements and provide further information on behalf of the
company in relation to the application.

17. 1. EXECUTIVE SUMMARY OR OVERVIEW OF PROPOSAL
• description of the proposed development activity and its objectives,
• anticipated bio-physical and socio-economic impacts
(direct/indirect, reversible/irreversible) of the activity,
• details of remedial actions that are proposed,
• description of all benefits to be derived from the project,
• details of consultation program undertaken by the applicant,
including degree of public interest,
• description of rehabilitation and/or end-use plans for the
development activity in relation to community needs.
❖should not be more than five pages in length and be written in
English, Tok Pisin and the relevant Local Dialect.

18. 2. PURPOSE OF THE DEVELOPMENT
• This section shall include but not limited to the following –
➢describe if the development is in line with the Fourth National Goal
and Directive Principle of the National Constitution of PNG,
➢explain if the proposed development is compatible with National,
Provincial and Local Level Government development goals and
planning guidelines,
➢detail the economic benefits to the Nation, Province, Local Level
Governments and to the local community being impacted.

19. 3. VIABILITY OF THE PROJECT
• These details shall include but not limited to the following –
➢ information on the capital cost associated with the development,
➢ details of the proponent’s technological expertise and resources,
➢results of any feasibility investigations that has been carried out,
➢information on the extent of landowner and/or resource owner support,
including a copy of the formal written approval of their consent,
➢details of the life-span and development phases of the project.

20. 4. DESCRIPTION OF THE PROPOSED DEVELOPMENT ACTIVITY
• Details to be provided under this section may include the following -
➢background information to the proposal, process technologies to be
employed, etc.
➢detail location maps (drawn to scale), site layout, etc.,
➢information on method of site selection including alternatives investigated,
plant or building designs, relevant diagrams and drawings,
➢detail flowcharts, mass balances (including feedstocks, products and wastes
generated, etc.),
➢description of nearby development activities that may contribute to additive
effects on background pollution levels or other baseline conditions,
➢information on associated infrastructure/facilities that is to be constructed.

21. 5. DEVELOPMENT TIMETABLE
▪ Information on funding arrangement for proposed activity or if
availability of funds subjected to this or other approvals being granted,
▪ details of pre-construction activities,
▪ information on consultation program with all affected parties (i.e., parties
that may be directly and indirectly affected),
▪ details of construction schedule, staging, etc.,
▪ details of commissioning and operational schedules,
▪ details of infrastructure development schedule.
▪ details of closure and rehabilitation schedule.
❖For reasons of clarity, a Flow chart, Gantt or PERT chart should be used
where appropriate.

22. 6. CHARACTERISTICS OF THE RECEIVING ENVIRONMENT (Conti……)
• Available Environmental Studies & Investigations
➢Information provided in this sub-section shall include but not limited to the following -
✓historic or current baseline data on physical, biological and social systems,
✓a written estimate of research and/or study time already expended and to be further
undertaken.
• Physical Environment
➢Information provided in this sub-section shall include but not limited to the following -
✓geomorphological, topographical and geological characteristics,
✓any natural or induced hazard in the area (e.g. flood, earthquake, volcanic zone, etc.),
✓climatic regime (e.g. rainfall, temperature, etc.),
✓air quality and meteorological data set for air dispersion modeling, etc.,
✓seasonal surface water quality and hydrological information,
✓seasonal ground water quality and flow regime,
✓noise levels.

23. 6. CHARACTERISTICS OF THE RECEIVING ENVIRONMENT (Conti……)
▪Biological Environment
• Shall include but not limited to the following details -
✓presence of a protected area (Conservation Area or Wildlife
Management Area), if any,
✓details of any special purpose areas (e.g., wetland area, etc.),
✓aquatic and terrestrial ecology of the area,
✓information on vulnerable (endangered) species,
✓other relevant biological information

24. 6. CHARACTERISTICS OF THE RECEIVING ENVIRONMENT
▪Social Environment
• shall include but not limited to the following details -
✓demographic information,
✓information on existing infrastructure,
✓information on public health issues (if applicable),
✓information on present economic status of the project area,
✓description of existing social services,
✓details of archaeological, historical, cultural or religious features of
the project area under consideration, etc.

25. 7. WASTE MINIMISATION, CLEANER PRODUCTION AND ENERGY BALANCE
▪ Detail information to be covered in this section shall include but not limited
to -
➢details of other alternative “cleaner production” technologies or processes
that has been considered,
➢information on the basis for choosing the proposed technology or process,
➢available technical background on the process chosen,
➢details of the Waste Minimisation Strategy developed for the proposal,
➢details of an “energy balance” for the proposal.

26. 8. ENVIRONMENTAL MANAGEMENT, MONITORING AND REPORTING
❖Information detailed in this section shall include but not limited to the
following –
➢details of information on plant operating conditions, including management and
monitoring strategy,
➢information on socio-economic management and monitoring strategy,
➢mechanism and frequency for reporting monitoring results to DEC and other
stakeholders, especially to directly affected stakeholder groups,
➢availability of contingency and/or emergency plans drawn up for the proposal,
➢details of Environment Improvement Plan,
➢details of Waste Minimisation and/or Management Plans,
➢information on potential rehabilitation issues and its strategies including Rehabilitation
Plan.

27. 9. OTHER STATUTORY DECISIONS
• Provide detailed information on other statutory decision(s) that are
relevant to this proposed development activity. Provide the draft or
finalised Project Development Contract, Memorandum of Agreements
or other similar legal decisions that are relevant to the proposal.

28. 10. CONFIDENTIAL INFORMATION
• Details of classified information relating to a manufacturing or industrial
process or trade secret used in carrying on or operating any particular
undertaking or equipment or information of a business or financial nature
in relation to the proposed activity should be clearly defined.
• Such information would be classified as “confidential information” and
excluded from the Environmental Impact Statement before the document
is made available for public review.

29. 11. REFERENCES & 12. ACKNOWLEDGEMENTS
• REFERENCES
➢Provide details of reference materials used in sourcing information
and/or data used in the Environmental Impact Statement.
• ACKNOWLEDGEMENTS.
➢Detail relevant acknowledgments.

30. 13. STUDY TEAM
• Provide detailed information on persons who assisted in the conduct
of the EIA study and compilation of the EIS. Information on persons
involved should be the same as those approved in the Environmental
Inception Report.

31. COPIES TO BE LODGED
• THE PROPONENT IS REQUIRED TO PROVIDE TEN (10) COPIES OF THE EIS
DURING LODGMENT OF THE APPLICATION TO ENABLE THE DIRECTOR OF
ENVIRONMENT TO ASSESS THE STATEMENT IN ACCORDANCE WITH
SECTION 54 OF ENVIRONMENT ACT 2000.

32. Source
• http://www.pngcepa.com/wp-
content/uploads/2018/07/Information-Guideline-EIA-EIS.pdf
• https://theredddesk.org/countries/laws/environment-act-2000-
amendment-2010-papua-new-guinea
• http://www.parliament.gov.pg/uploads/acts/14A_10.pdf