1. Enforcement of Environmental Impact Assessment Jakarta, June 9 th 2004

2. Outline Why Environmental Impact Assessment (AMDAL)? EIA and Enforcement: some introductory remarks Realities from other countries

3. EIA, Why Is It needed ? Over the past two decades, EIA regulations and procedures in many developing countries EIA ensures that: Environmental and social concerns are integrated into the design of development projects Civil society is aware of related environmental/ social impacts … and can take part Costs of appropriate mitigation measures are incorporated into projects feasibility studies

4. Enforcement and EIA:the mechanics Legislative and administrative approaches are used to introduce EIA into the development planning process: Legislation creates a mandate to apply EIA as an environmental management tool Administrative procedures establish who does what, when and how Environmental standards contained in technical guidelines (air, water, soil, biodiversity) Enforcement implies: administrative procedures are followed environmental standards are achieved EIA not necessarily positioned to effectively reduce negative impacts of development

5. Enforcement and EIA: a broad view Important to maintain a broad definition of enforcement Legal frameworks Institutions Human capacity Sanctions may work, but only where the broader system is healthy

6. Enforcement and EIA: the constraints IssueConstraints Legal frameworks EIA not linked into development planning laws No clear synergies between EIA and other environmental management tools Requirements often to rigorous for enforcement Institutions EIA undervalued as a development planning tool Lack of political support for EIA institutions Limited commitment among bureaucrats Insufficient public scrutiny Human capacity Environment not a core discipline in the civil service Teaching methods technocratic in approach Consulting advice of very varying quality Vested interest undermines all aspects

7. CountryMain Oversight Agency Public Participation Coordination with Local Agency Penalty for Violation BangladeshMinistry of Env and Forestry No ChinaSIPAYes IndiaMinistry of EnvYes IndonesiaKLHYes No Lao PDRMinistry of Agr. and Forestry NoYesNo MalaysiaMOSTEYes PhilippinesDENRYes No ThailandMinistry of Env.Yes VietnamMOSTEyesYes EIA and Enforcement in Asia: An Overview

8. Summary There are no quick fixes The development planning framework is critical Enforcement should be defined broadly, rather than narrowly