comparison of environmental aspects of geothermal ... - Orkustofnun
comparison of environmental aspects of geothermal ... - Orkustofnun
comparison of environmental aspects of geothermal ... - Orkustofnun
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Report 17<br />
411<br />
Mwawughanga<br />
3. ENVIRONMENTAL LEGISLATION AND IMPACT ASSESSMENT<br />
Environmental Impact Assessment (EIA) is a fundamental development component in most countries<br />
today, and even in countries that do not have <strong>environmental</strong> regulations, multilateral financial institutions<br />
have made EIA mandatory before lending. Thus, <strong>environmental</strong> legislation has become a crucial<br />
component, alongside finances and other factors in development <strong>of</strong> projects.<br />
Environmental regulations <strong>of</strong> different countries are remarkably similar. Most require an <strong>environmental</strong><br />
analysis <strong>of</strong> proposed power projects, as well as having specific regulations defining quantities <strong>of</strong> pollutants<br />
that may be emitted to the atmosphere or discharged to land and water. The analysis usually comes with<br />
a report referred to variously as Environmental Assessment (EA), Environmental Impact Assessment<br />
(EIA), Environmental Impact Statement (EIS), or Environmental Impact Report (EIR) (Hietter, 1995).<br />
Major variations exist in terms <strong>of</strong> agencies involved and time required for the process to be completed.<br />
The purpose <strong>of</strong> the EIA is to ensure that potential impacts are foreseen and addressed at the earliest<br />
possible opportunity. It also provides information that helps in proper planning and should provide an<br />
opportunity for stakeholder involvement.<br />
3.1 Environmental legislation <strong>of</strong> Iceland and its role in power development projects<br />
In Iceland, there are a number <strong>of</strong> laws addressing <strong>geothermal</strong> development (Andrésdóttir et al., 2003).<br />
These include the following:<br />
1. Planning and Building Act no. 73/1997. The Act states that in order to obtain development permits,<br />
substantial development projects shall be in accordance with development plans and decisions on<br />
<strong>environmental</strong> impact assessment (EIA).<br />
2. Research and Use <strong>of</strong> Underground Resources Act no. 57/1998. The Act requires the developer to<br />
apply for an exploration permit before starting further research and drilling <strong>of</strong> exploration wells, and<br />
utilisation permit before constructing a power plant.<br />
3. Nature Conservation Act no. 44/1999. According to the Act, certain landscapes and habitats enjoy<br />
special protection. Amongst these are hot springs and other <strong>geothermal</strong> sources, surface <strong>geothermal</strong><br />
deposits, volcanic craters and lava fields, all being frequent features <strong>of</strong> high- temperature <strong>geothermal</strong><br />
areas.<br />
4. The Energy Act no. 65/2003. The Act requires that developers planning to exploit <strong>geothermal</strong><br />
resources for producing more than 1 MW electric power must apply for operation permits.<br />
The Environmental Impact Assessment Act no. 106/2000 deals with all projects that may have impact<br />
on the environment in Iceland and went into effect in June 2000. Legislation on <strong>environmental</strong> impact<br />
assessment was first passed in Iceland in 1993. The main aim <strong>of</strong> the new Act is to ensure that<br />
<strong>environmental</strong> impacts <strong>of</strong> projects likely to have significant effects on the environment, natural resources<br />
or community are assessed before any permission is given for implementation. High priority is given to<br />
public review, unlike the earlier Act, and to cooperation among different groups and the developer. The<br />
main changes from the earlier Act are that responsibility for the screening process has been transferred<br />
from the Ministry <strong>of</strong> Environment to the Planning Agency, and a new formal scoping process has been<br />
introduced whereby the developer prepares and submits an EIA programme for the proposed project to<br />
the Planning Agency as early in the procedure as possible (Thors, 2000). Thus, the Planning Agency<br />
(Skipulagsst<strong>of</strong>nun) monitors the application <strong>of</strong> law and regulations on planning, building, and EIA.<br />
The Minister for Environment has supreme control <strong>of</strong> planning and building under the Planning and EIA<br />
regulations. The assessment must be part <strong>of</strong> a planning process. A regulation supplementing the<br />
Environment Act lists project categories requiring an EIA. Other projects that may or may not be subject<br />
to an EIA depending on their magnitude are listed in Appendix 2 <strong>of</strong> the regulations. This includes drilling