Environmental impact assessment

Environmental impact assessment (hereinafter referred to as environmental impact assessment) aims to identify the impact of any planned activity on the state of the environment and the well-being of the population. When analyzing this impact, the following are taken into account: character, degree and intensity. The Law of Ukraine “On Environmental Impact Assessment” regulates the legislation of the Ministry of Internal Affairs and Communications. Carrying out an analysis of the impact on the environment is one of the components that are taken into account in the process of making a decision regarding the approval of the activity of an economic activity subject. If you need to receive a package of documents with an environmental impact assessment, Prykhodko and Real Estate Partners specialists will help you with this.

Do all subjects of economic activity have to go through OVD?

Of course, not all projects go through the procedure. This applies only to those entities that theoretically can influence the general state of the environment. The Law contains a clear list of objects subject to the OVD. The law prohibits the commencement of planned activities without an environmental impact assessment.

The bodies defined by the Law are responsible for conducting ATS. This procedure has regulated features, stages, indication of the rights and obligations of subjects. Thanks to the environmental impact assessment, the following results can be achieved:

• Prevention of damage to the environment.
• Environmental protection.
• Ensuring safety for the environment.
• Rational use and reproduction of natural resources.

Among the main subjects of OVD:

• Business entity.

This is a person who plans to carry out the planned activity.

• Authorities authorized by the Law.

These are, first of all, the Ministry of Nature and local authorities.

• Public.

Anyone can participate in the discussion. These can be both legal or physical persons, as well as organizations, associations, groups of citizens.

Difference of environmental impact assessment from other documents

Let’s start with the fact that the OVD conclusion is a permit document that provides detailed information on the possible impact of the business entity’s activities on the state of the environment. In addition, the environmental impact assessment clearly indicates the measures aimed at eliminating or minimizing the impact on the environment.

Before the implementation of the Law, it was enough for business entities to obtain an opinion from an environmental expert. It was based mainly on project documentation. He almost did not agree with the environmental protection measures contained in the project.

The conclusion of the OVD can be considered either “negative” or “positive”. A “negative” conclusion means that the implementation of the planned activity is prohibited, a “positive” conclusion legally enshrines the basic “ecological parameters” for the subject of economic activity. In the future, they cannot be changed during the design or construction of the object.

How are the interests of all parties ensured during the implementation of ATS?

The ATS procedure involves the active involvement of members of the public. Regarding the intention to start a planned activity, which may have a theoretical impact on the environment, the subject of economic activity must declare in the Notification regarding the planned activity. It is from this Notice that interested parties can obtain information about future construction plans, potential impacts of such activities on the environment.

Within 20 days from the moment the Notice is published, initiative groups of citizens can express their proposals or comments. Further comments may be taken into account or rejected (the main condition is their justification).

The ATS report must be available to members of the public. It must be placed in places accessible to the public: on the website, in the premises of the territorial Department of Ecology, etc. The duration of the discussion should not exceed 35 working days. This process involves a combination of public hearings and collection of written comments.

Conducting hearings among citizens is under the jurisdiction of the Ministry of the Environment or a hired organizer. Interested parties can obtain information about the conduct of such hearings in the Unified Register of Internal Affairs and Communications, through mass media.

The main purpose of public hearings is to inform about the implementation of the planned activity and its potential consequences. Representatives of any public organizations can participate in the discussion.

The next stage is the discussion of comments received from the public in the Ministry of Environment. This will be reflected in the minutes of the public hearing.

If you still have questions, we will be happy to answer them during the online/offline consultation. Fill out the form below to calculate the cost of the services of a specialist in matters of obtaining OTD.