Environmental Impact Assessment in the marine environment: A comparison of legal frameworks

Journal Article · Sun Nov 15 04:00:00 EST 2015 · Environmental Impact Assessment Review

DOI:https://doi.org/10.1016/J.EIAR.2015.08.003· OSTI ID:22479772

Guerra, Flávia ^[1]; Grilo, Catarina ^[2]; Pedroso, Nuno M. ^[3]; Cabral, Henrique ^[4]

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1. Institute for Environmental Studies, VU University Amsterdam, De Boelelaan 1087, 1081 HV Amsterdam (Netherlands)
2. Liga para a Protecção da Natureza, 1500-124 Lisboa (Portugal)
3. Laboratório de Ecologia Isotópica — CENA, Universidade de São Paulo, Caixa Postal 96, 13416-000 Piracicaba, SP (Brazil)
4. MARE — Marine and Environmental Sciences Centre, Faculdade de Ciências, Universidade de Lisboa, 1749-016 Lisboa (Portugal)

Environmental Impact Assessment (EIA) is a well-established practice in most developed countries, even though its application to projects in the marine environment is at a much earlier stage of development. We use the Portuguese example to address marine EIA legislation since its exclusive economic zone (EEZ) is currently the third largest in the European Union and its EIA legislation does not require various offshore activities with potentially negative environmental impacts to undergo EIA before being licensed. This paper aims to determine whether three types of projects implemented within Portuguese maritime zones – artificial reefs using sunken ships, hydrocarbon prospecting and wave-energy generation – would benefit from application of an appropriately designed EIA. We have conducted a structured review of EIA legal provisions from seven other countries, and considered whether a full EIA was required for each project type. Consequently, 12 Environmental Impact Statements (EIS) have been compared to identify patterns of (dis)similarity across countries and project types. Additionally, we identified key descriptors and predicted impacts for each project type referred to in their EIS. The main conclusion is that ultimately all three projects would benefit from mandatory EIA in Portugal. This paper is relevant for countries with large maritime areas and underdeveloped marine EIA legislation, helping improve international policy-making relating to these three types of marine projects. - Highlights: • EIA is not mandatory for some project types developed in Portuguese maritime zones. • Artificial reefs, oil&gas prospecting and wave-energy licensing differ in 8 countries. • EIA should be mandatory in Portugal for artificial reefs and oil&gas prospecting. • However, an AEInc approach is enough for wave-energy projects in Portugal. • Findings could be extended to other EU countries with extensive maritime zones.

• OSTI ID: 22479772
• Journal Information: Environmental Impact Assessment Review, Journal Name: Environmental Impact Assessment Review Vol. 55; ISSN 0195-9255; ISSN EIARDK
• Country of Publication: United States
• Language: English

Related Subjects

54 ENVIRONMENTAL SCIENCES
COMPARATIVE EVALUATIONS
DESIGN
DEVELOPED COUNTRIES
ENVIRONMENTAL IMPACT STATEMENTS
ENVIRONMENTAL IMPACTS
ENVIRONMENTAL POLICY
EUROPEAN UNION
HYDROCARBONS
LEGAL ASPECTS
LEGISLATION
PORTUGAL
REEFS
REVIEWS
SHIPS