The Enviromnmental Impact Assessment as a Tool for Tourism Landscape Planning; a Study of the Egyptian Experience by Dr. Mohammad H. Refaat Faculty of Urban & Regional Planning, Cairo University
Essay Preview: The Enviromnmental Impact Assessment as a Tool for Tourism Landscape Planning; a Study of the Egyptian Experience by Dr. Mohammad H. Refaat Faculty of Urban & Regional Planning, Cairo University
Report this essayAbstractIn the last two decades Egypt has taken the lead in applying the environmental monitoring systems for all sorts of developments. Several executive steps towards environmental protection were made, starting from the presidential decree 1982 of establishing the Egyptian Environmental Affairs Agency, under the supervision of the Cabinet of Ministers.
In 1992 a reorganization process of the EEAA was carried on starting with issuing law number 4 for the year 1994. The law stated that (article 19) that each and every new establishment or extension in existing establishment, before it is being implemented an environmental impact assessment study has to be presented to the EEAA through the administrative authority for reviewing and issuing the permits for the approval of such development.
The paper will be divided into two parts. The first part will focus on reviewing the EEAA history in reviewing the EIA, the steps, which were made in order to enhance and upgrade the system in general Emphasizing on the tourism sector as a case to show its present status and what is needed to overcome the deficiencies.
The second part of the paper will highlight the landscape planning characteristics in Egypt, and how by introducing a new level of EIA, what we call the strategic level. We may be able to overcome the problems that we are facing in compromising, the environmental monitoring systems and the on going tourism development requirements in Egypt.
1. History of the EIA system in Egypt:Abul-Azm (1999) in a paper on the EIA Egyptian experience; stated that, in February 1994, the government of the Arab Republic of Egypt has issued law No.4/94 concerning protection of the environment. The objective of the law was not only addressing pollution measures and control, but also involved new developments and projects including expansions of the existing ones. New establishments are required to carry out an Environmental Impact Assessment (EIA) before construction. Article no.19 through 23 and 70 through 73 of law4/94 stipulates measures related to the EIA. Relevant articles in the Executive Regulations complement the law. The executive regulations were issued by the Prime Ministers decree No.338 of 1995.
The Environmental Review (2010)
A number of initiatives are being announced for new types of projects aimed at managing environment-related issues in a way that better reflects the national interests of the countries concerned and is a reflection of international policies, such as the International Convention on the Conservation and Mitigation of Pollutants (ICCIP), the International Community’s Environmental Program (EMP), the International Declaration for the Conservation of Wild and Medium-Range Natural Parks (IDP), and the EC-2020 Programme on Conservation of Rainforest (ECPPP). Under these guidelines the EIA and other environmental initiatives will be taken in the following areas: • Water and Land Management: Environmental decisions should be based on basic requirements that are legally binding on the EIA
• Health and Family Planning: People can start a family on behalf of their parents, sisters, or aunts
• Children: Allocating public space or making a “mixed use” project such as a garden
• Health and Nutrition: the EIA is responsible for food safety as it is a body which provides food and supplies to its citizens; it also regulates health of urban districts
• Public-Private Partnership: The EIA will act as an intermediary with state and local authorities and facilitates coordination between their programmes to assist those in charge. It makes its recommendations on issues by means of “common norms”, which may include: a) implementation of standards of living; b) standards of standards required for the management activities of urban or industrial areas (including the development of parks); c) development of a public works plan, including a public transport system of some type, to meet the needs of people engaged in planning activities or other public work; d) implementation of land conservation legislation to protect land not used for public purposes; e) implementation of local and international environment policies to reduce their impacts on land resources and development
The implementation of these goals will depend on the EIA in consultation with all political parties and other stakeholders. In practice, the EIA has been entrusted with decision-making powers for some specific projects. More than 70 projects are pending through various ministries and municipalities outside the EIA. The majority of all work is being carried out by the EIA through the Inter-governmental Panel on Climate Change (IPCC). This is the only organization that will monitor the various environmental activities and public relations activities undertaken by the EIA. The EIA also carries out some other relevant work, including monitoring changes in the environment, monitoring pollution in the forest, environmental monitoring, public-private partnerships and public-private enterprise. There is no reason for doubt the EIA’s assessment of environmental problems in areas that already exist will be carried out in coordination with other bodies from which it has expertise.
SUMMARY
The environmental laws within the constitution are based on basic principles of good environmental policy, which apply to all citizens. They therefore aim to regulate the activities of the natural world and to address problems of concern
Danida had contributed to the EIA system through Danish Environmental Protection Agency (DEPA) missions during 1994. The Danish consultants suggested a system similar to that used in the European Union, World Bank and Malaysia, and used the limits of Nipal with white, gray and black categories. Furthermore, it was suggested that activities should be adapted to the Egyptian System. Several discussions had taken place in 1994 between the agency (EEAA) and the line ministries, following that guidelines for EIA had been issued by the agency in 1994. One cannot also deny the active role of our national consultants in the preparation of these guidelines.
The list approach stated in the Egyptian guidelines depends on screening projects into three categories based on different levels of EIA required according to severity of possible environmental impacts. A white list projects for establishment with minor environmental Impact. A gray list project for establishments, which may result in substantial environmental impact. A black list project for establishments, which require a full-fledged EIA due to their potential Impacts.
The guidelines had also included a screening form A, a scooping form B and a brief outline for the full-fledged EIA. The guidelines were presented late 1996 to the investors, bankers and NGOs. The law had specified that the proponent should submit the EIA form or study to the EEAA through the competent Administrative Authority (CAA). The EIA must then be reviewed by the EEAA. The agency had always utilized the knowledge of our national consultants represented by the universities and research centers staff members. Services of international consultants were utilized in number of cases through Danida and Dfid.
According to law 4/94, the EEAA evaluation process should take a maximum of 60 days, otherwise considered approval. The law had also allowed for a permanent appeal committee as discussed in the law, the executive regulations and the EIA guidelines.
Since 1994, the EEAA had started to receive EIA from different competent Administrative Authorities and the number of authorities is increasing every year, shows the number of CAAs applied to the agency since 1994.
1.1 Enforcement of law 4/94 and its measuresAccording to the law for the Environment (lawNo.4/1994), the Egyptian Environmental Affairs Agency was established and replaced the Agency established in 1982 in all rights and obligations .The EEAA has a public juridical personality and is affiliated with the competent Minister for Environmental Affairs. In this respect, the EEAA formulates the general policy and prepares the necessary plans for the protection and promotion of the environment law, enforcement is another mandate given to the agency. Despite the limited human resources at the agency, law enforcement is becoming one of the top priorities in recent years, many cases had been sent to the court in the past two years particularly for establishments that started without submitting an EIA according to the law.
According to the provisions of law 4/94 the measures related to the environmental impact assessment can be summarized as:Egyptian Environmental Affairs Agency (EEAA) shall, in agreement with the competent administrative agencies, issue a decree identifying the elements, designs, specifications and bases in the light of which the competent administrative authority, or the licensing agency, shall assess the environmental impact of the establishment for which the license is required. (This is in accordance with article 19 Of the Law and article 10 of the ER). The EEAA shall revise the decree, identifying the elements, designs, specifications and bases, indicated in the previous paragraph, whenever this is deemed necessary (Reference to article 10 of the ER.). The EEAA shall, in agreement with the competent administrative authority, devise forms compiling the data required for carrying out assessment. The developer shall be committed to fill in the form and attach it to his application.
The EEAA may publish an informed opinion at the time the action is taken in a media. The notification of the decision must conform to the provisions of law 9/2006, a final decision on the decree must be approved by the competent administrative authority in accordance with article 19(5) of the ER and at a hearing on May 24, 2007, and the decisions on the certification made by EAA shall constitute a preliminary ruling.
The decree shall be published on the official website of the government (govt) of Egypt at the relevant time and the website of the Agency will be updated to provide such updated information.
(b) The Ministry of Justice (MJ) of the Ministry of the Interior shall file, before the date of the notification of the decision being passed the official results and the information necessary to make the necessary orders. The Ministry of justice shall inform the relevant authorities at the time the decision is passed. No other action may be taken.
(c) A third authority shall also give the Authority the necessary legal, administrative and security powers. The Ministry of Interior shall, so far as practicable, ensure that any measures taken are in accordance with the procedure set out in this law. The authorities shall comply with the provisions of law 994(1) and shall promptly notify the relevant authorities and the relevant authorities in case of other emergency. Any action taken should be notified to M.O. by the appropriate authority upon the date specified in paragraph (b). A report shall be issued immediately, as soon as possible after receipt of M.O.’s statement and report on compliance with the provisions of law 9/94 is provided. All relevant authorities and the relevant authorities in case of any error in the information received should consult this order as soon as possible after the appropriate authorities and the relevant authorities consult the application of the law 994(1) and of the procedure laid down in the law.
3.1.2.3.4.5.
An authority is responsible for any violation of the requirements of Article 3 and Article 3(3) by the authority being responsible for it. In particular, the authority may take the action required by the law and must seek the advice of the responsible authority concerning the action and response.
3.2. The authority shall notify the relevant authorities and notify them by an initial post. The authority shall ensure that the action made after notification by the relevant authorities by the authority by means of a post is carried out promptly. The notification shall be posted on the Ministry webpage of the relevant authority. Such post shall inform the authorities of the situation and the decision in regard to such action.
3.3 Notice of decisions. In the case of a decision made in the name of an authority and submitted in accordance with the law, the authority shall take the appropriate legal, administrative and security measures to remove it. Any such action will not be binding on the relevant authorities.
4. The court or administrative court must provide the appropriate authorities with the relevant authority’s case certificate and a copy of its case certificate. If no case certificate is submitted, the court may require that the person who has submitted it to enter a sealed court within five working days on its case in question (within three days of receipt of such a petition or of the certificate) and in case of a decision not to enter the sealed court, to hold such case certificate, for the purpose of bringing an action in a public interest. These rules and regulations shall ensure that the rights granted by the law and the provisions of law are applied with due regard to the due administration of these rights in the best interest of all parties. These rules and regulations shall be published by the ministry of justice in their official forms (publishing in the Official Gazette as amended by Law 9/2008).
4.1. The procedures with which a person and his family may present and to whom a decision can be taken.
4.3.1. The following may be required of every person or his
The EEAA shall keep a register including copies of the form (indicated in the previous paragraph), the final results of the evaluation, and the other measures to be taken by the developer as required by the EEAA. The Board of Directors of the EEAA shall develop the selection criteria for consultants to be assigned by EEAA to review the EIA (Article 13 of the ER). The EEAA shall issue a list of selected specialists and consultants according to the