LAW OF UKRAINE ON ENVIRONMENTAL IMPACT ASSESSMENT
(№ 2059-VIII dd 23.05. 2017)
Law of Ukraine On Environmental Impact Assessment provides the list of planned activities (any construction, reconstruction, modernization etc) which are subject to a mandatory environmental impact assessment procedure. Amongst energy related objects there are, inter alia, the following objects which are subject to mandatory i.e.:
construction of power lines with voltage 220 kv or more and length over 15 km
wind farms with 2 or more turbines and with height of 50 meters and more.
subsoil exploration, e.t.c.
It is prohibited to start activities which are subject to mandatory EIA without the respective EIA. Some activities are subject to assessment for a cross border influence
The EIA procedure provides the following stages:
- notification by the respective business entity to the authorized state agency (either local state administrations or Ministry of Ecology and Natural Resources of Ukraine)about planned activity which is subject to EIA;
- preparation by the respective business entity of an EIA report;
- public hearings;
- analysis by the authorized state authority of information provided in the EIA report, any other information, including information obtained during public hearings;
- rendering of a motivated conclusion regarding EIA by the authorized state agency (either local state administrations or Ministry of Ecology and Natural Resources of Ukraine);
- taking into account the conclusion regarding EIA in a decision on conducting a planned activity by the authorized state or self-government agency which will issue the respective permit (decision) for activities
- if envisaged by the conclusion regarding EIA, the respective business entity shall monitor the project after its completion
The failure to comply with the EIA procedure may be a ground for a suspension or even prohibition for the use of enterprises or its parts via court proceedings.
If the decision on conducting a planned activity was made by the authorized state or self-government agency before the entry into force by the Law, the Law does not cover such activities (with some exceptions). Conclusions on state ecological expertise obtained before the enforcement of the Law are valid.