Convention on Biological Diversity
Article 14
Introduce appropriate procedures requiring environmental impact assessment of the proposed projects that are likely to have significant adverse effect on biological diversity with a view to avoiding or minimizing such effects and, where appropriate, allow for public participation in such procedures.
Implications of this are as follows:
- Introduce EIA procedures if not currently in place.
- Review existing EIA procedures to ensure that they take account of impacts on biodiversity.
- Use EIA effectively to avoid or minimize significant adverse impacts on biodiversity.
- Use EIA to check whether proposals comply with all other environmental legislation.
- Introduce mechanisms for public participation in EIA and ensure that biodiversity concerns are included in public consultation exercises for proposed development.
Article 14b
Introduce appropriate arrangements to ensure that the environmental consequences of the programmes and policies that are likely to have significant adverse impacts on biodiversity are duly taken into account.
Implications of this:
- Introduce Strategic Environmental Assessment (SEA) to assess environmental implications of policies and programmes particularly for those which major implications for natural resource use (e.g. transport, hydropower, etc.)
Article 14c
Promote consultation on activities that are likely to significantly affect adversely the biodiversity of areas beyond the limits of national jurisdiction, by encouraging the conclusion of bilateral, regional or multilateral arrangements, as appropriate
Implications of this:
- Introduce provisions for EIA in a trans-boundary context
- Identify important migratory species for which habitat conservation in other jurisdictions is also important.
- Identify activities with potential to cause trans-boundary impacts
Article 14d
In the case of imminent or grave danger or damage to diversity in areas beyond the limits of natural jurisdiction, notify immediately the potentially affected states of such danger or damage, as well as initiate action to prevent or minimize such danger or damage.
Implications of this:
- Introduce system of formal and informal communication.
- Set up trans-border task forces on thematic areas
Article 14e
Promote national arrangements for emerging responses to activities or events, whether caused naturally or otherwise, which prevent a grave and imminent danger to biological diversity and encourage international co-operation to supplement such national efforts and, where appropriate and agreed by the State or regional economic integration organization concerned, to establish joint contingency plans.
Implications of this:
- In cases of proposals that have potential to cause major biological damage, ensure that EIAs recommend appropriate emergency response provisions.
- EIAs should identify the risk of important and highly geographically restricted biological resources being destroyed by possible major accidents or events
Article 14f
The Conference of the Parties (COP) shall examine, on the basis of studies to be carried out, the issue of liability and redress, including restoration and compensation, for damage to biological diversity, except where such liability is a pure internal matter.
Implications of this:
- EIA should incorporate considerations of liability and redress in the event of biological damage that may be caused by a proposal.