
What is an Environmental impact assessment, or shortened down to an EIA?
Taken with information from the BVI Properrty Guide
The EIA became compulsory in the 2005 planning act, although there has been some version of it around since 1969. The earlier rendition was directed to major developments and the new one now encompasses medium sized developments. Legislation for small developers is on its way though, and it you should be aware that Town and Country Planning Department (TCP) requires approval for ALL development, regardless of the size.
Any alternations that are made to the land and surroundings, DO have an environmental impact, and the study will look at what those impacts are for nature, people, land, fish, birds, the list could go on forever. It also looks at the garbage and waste that will be produced by the development and whether it is at an acceptable level.
Town and Country Planning recently gave a presentation to the public, to help the people to understand the process. It did come out of their that the public had the right of availability of information on the projects, as they are entitled to voice their concerns.
The presentation included the following points from the presenter:
1) One the main differences between an EIA process and other statutory assessment processes is that all government agencies and the public have more opportunities to comment upon how a project is assessed and if approved, how it is managed.
2) Management of development of the land falls under the auspices of the 2004 Physical Planning Act, part IV, section 26, which states, most importantly (it is advised that applicants read the section in full)
3) The authority may also require environmental impact assessment of any development whether it is of the opinion that significant adverse environmental impacts result.
4) On receipt of a the application for development permission the authority shall determine whether environmental impact assessment of the proposals required having regard to:
a) The nature of the development activity
b) The geographical extent, scale, and location of the proposed development
c) The extent and significance of the changes to the environment likely to be caused by the proposed development
d) The extent of general knowledge about the nature of the proposed development and its likely impact of the environment
e) any development plan for the area
f) any other matter as may be prescribed.
In order to assist with the lengthy environmental impact assessment, TCP are currently drafting environmental screening forms. The form asks the developer, whether they are building a single-family dwelling or multi-story hotel complex, to describe some basic information about their planning proposal. The information will be used to determine the environmental risk category of the project, which will in turn determine whether the proposal requires an EIA and if so at what level.
Schedule 3
Matters for which environmental impact assessment shall be required
1) Hotels of more than 12 rooms
2) Any Industrial plant, which in the opinion of the authority is likely to cause significant adverse environmental impacts.
3) Quarry and other mining activities
4) Marinas
5) Airports, Ports and Harbors
6) Dams and Reservoirs
7) Hydroelectric projects and Power plants
8) Desalination plants
9) Water purification plants
10) Sanitary landfill operations, solid waste disposal sites, toxic waste disposal site,s and other similar sites
11) Gas pipeline installations
12) If a development projects generates or potentially generates omissions, aqueous affluent, solid waste, noise vibration, or radioactive discharges
13) Any development, including the storage and use of hazardous materials
14) Coastal zone developments
15) Development and wetlands, Marina Park's, National Parks, Conservation areas, Environmental Protection areas, or other sensitive environmental areas
For more information on the EIA, or information pertaining to the planning process and permissions, please contact:
Town and Country Planning Department
Office of the Chief Minister
33 Admin Drive
Roadtown Tortola
ph# 284 44943701 X 2158
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