China University of Geoscience (Wuhan)
School of Environmental Studies
Environmental Impact Assessment course
Dr. YanPing Cui 崔艳萍
School of Environmental Studies
Institute of Environmental Impact Assessment
Final Report :
Environmental Impact Assessment in Mongolia
Bulgan Enkhbat
Student ID Number : 1201590046
( Master Student)
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Student ID:1201590046
Table of Content
Introduction …………………………………………………………………… …..3-4
Environmental Impact Assessment Law of Mongolia ……………………………...4-6
Environmental Impact Assessment system In Mongolia ………………………….7-12 o Environmental
Protection
plan
and
Monitoring
program…………………………………………………………………
Conclusion………………………………………………………………………..12-14
Reference ……………………………………………………………………………15
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1. Introduction
Mongolia is a landlocked country in east-central Asia. It is bordered by Russia to the north and China to the south, east and west. Ulaanbaatar, the capital and largest city, is home to about 45% of the population. At 1,565,000 square kilometres (603,909 sq mi), Mongolia is the 19th largest and one of the most sparsely populated independent countries in the world, with a population of around 3 million people. It is also the world's second-largest landlocked country. The country contains very little arable land, as much of its area is covered by grassy steppe, with mountains to the north and west and the Gobi Desert to the south.Lifestyle is nomadic civilization up to now in the classic form but more than a half of its population live in cities. A vast front of cold, heavy, shallow air comes in from Siberia in winter and collects in river valleys and low basins causing very cold temperatures while slopes of
mountains
are
much
warmer
due
to
the
effects
of
temperature
inversion (temperature increases with altitude).
Mongolian economy is mainly based on mining industry. Since 2006 Mining industries growth in Mongolia. Due to the sudden growth the environmental impact assessment was highly significant to the procedures implementing mining companies. The mining activities also have several negative impacts which need timely remedial interventions. When
the mining growth took place the Mongolian Environmental Impact Assessment Law had its defect. Throughout recent years the guideline and procedures of Environmental Impact
Assessment Law has been improving and revising to its current condition. In my opinion the environmental impact assessment is a key factor in prevention, protection, reduce negative impacts and rehabilitation.
The 2012 amended Law defined the purpose of the law of environmental impact assessment as “1.1.The purpose of this Law is to protect the environment, prevent ecological
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imbalance, ensure minimal adverse impacts on the environment from the use of natural resources, and regulate relations that may arise in connection with the assessment of environmental impacts of and approval decisions on regional and sectoral policies, development programs and plans and projects.”
2. Environmental Impact Assessment Law
Mongolia Government established Environmental Impact Assessment system when Asian
Development bank implemented “ Environmental Impact Assessment Improvement” project in 1993. Government Resolution No.121 1994 gave legal status to the EIA procedures
( Mongolian Emvironmental Impact Assessment Procedures) and gave responsibility for managing EIA system to the Ministry of Nature and Environment. A statustory basis for the system was provided by the Mongolian Law on Environmental Pollution,1995. The regulations cover both existing and proposed projects. In 1998 the Parlaiment of Mongolia approved the first EIA Law. On bases of this law, conducted more than 10 special guidelines relating EIA system by MNET experts. In 2002 and 2012 new amendments occured to the
EIA Law and improved legal system of EIA.
Table 1.1. Key Environmental Legislation in Mongolia
Name of the Law
Year adopted
The Constitution of Mongolia
1992
Law on Environmental Protection
1995, revised in 2006 and 2008
Law of Land
Jun 2002
Law on Land Cadastre and Mapping
Dec 1999
Law on Land Fees
Apr 1997
Law on Land Possession Jun 2002
Law on implementation of regulations related to Land Possession Law
Jun 2002
Law on Geodesy and Cartography
Oct 1997
Law on Special Protected Areas
Nov 1994
Law on Buffer Zones
Oct 1997
Law on Water
Apr 2004
Law on Water and Mineral Water Resource Fee
May 1995
Law on Forests
Mar 1995
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Law on Fees for Timber and Fuel wood Harvesting
May 1995
Law on Prevention of Steppe and Forest Fires
May 1996
Law on Reinvestment of Natural Resource Use Fees for Conservation
Jan 2000
Law on Natural Plants
Apr 1995
Law on Natural Plant Use Fees
May 1995
Law on Protection of Plants
Mar 1996
Law on Hunting 2000, 2003
Law on Fauna 2000
Law on regulation of export and import of endangered species of flora and fauna Nov 2002
Law on Hunting Reserve Use Payments and on Hunting and Trapping Authorization Fees
May 1995
Law on Underground Resources
Dec 1994
Law on Minerals
1997, revised in 2006
Petroleum Law
1991
Law on Air
Mar 1995
Law on Hydrometeorology
Nov 1997
Law on Protection from Toxic Chemicals
Apr 1995
Law on Environmental Impact Assessment
1998, revised in 2012
Law on Tourism 1998
Law on Solid Waste
Nov 2003
Law on prohibiting export and transportation of Hazardous Waste
Nov 2000
___________________________________________________________________________
Source: UNDP. 2008. Institutional Structures for Environmental Management in Mongolia
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Figure 1 Mongolian EIA approval System
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3. Environmental Impact Assessment system
The EIA requirements of Mongolia are regulated by the Law on Environmental Impact
Assessment. The type and size of the planned activity determine whether the responsibility lies with the Ministry of Nature, Environment and Tourism (MNET) or aimag government.
There are two types of EIAs defined in the Law: General EIA and Detailed EIA. To initiate a
General EIA, the project implementer submits a brief description of the project to the
Ministry of Nature, Environment and Tourism or local authority, including the feasibility study, technical details, and drawings.
The General EIA will lead to one of four conclusions:
(i)
No detailed EIA is necessary
(ii)
A the project may be completed pursuant to specific conditions,
(iii)
A detailed EIA is necessary
(iv)
Project cancellation
The General EIA does not involve any cost to the proponent and usually takes up to 12 days.
The scope of the detailed EIA is defined by the General EIA.
The Detailed Environmental Impact Assessment Report shall include the following:
(i)
(ii)
(iii)
(iv)
(v)
The baseline data and indicators of the environment in which the project is proposed to be implemented;
Estimations and findings of studies that are conducted to identify a potential and the major negative impact of the project and establish their magnitude, spatial extent and consequences.
Recommendations for measures to mitigate and eliminate potential and the major impact of the project;
Recommendations for alternative methods and technology that may potentially reduce the pollution level expected from the proposed project and for environmentally-friendly method and technology;
Risk assessment of impacts of the proposed project on human health and environment if the general environmental impact assessment requires doing so;
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(vi)
Discussion of mine closure activities, objectives, scope and indicators of restoration measures and details of ex-situ conservation measures for petroleum, and mining projects and radioactive minerals projects;
(vii)
Discussion of objectives, scope and indicators of environmental management plan;
(viii)
Notes of consultations made with local authority and community likely to be affected by the proposed project;
(ix)
Other issues pertaining to the cultural stratum and special nature of the project. (x)
The project implementer shall be officially asked to comment on the detailed environmental impact assessment report.
(xi)
The project implementer shall bear the costs associated with the conduct of the detailed environmental impact assessment.
(xii)
The entity that has conducted detailed environmental impact assessment shall keep the original copy of the primary data and information collected in the field and findings of the investigation carried out by the assessment specialist. It shall prepare a detailed environmental impact assessment report in four copies of equal validity, one of which is to be submitted to the state central administrative body in charge of nature and environment, another to the project implementer, and third to the soum and district governments having jurisdiction over the proposed project. The entity shall retain the remaining copy.
(xiii)
Local rangers, state environmental inspectors, governors of all levels and the state central administrative body in charge of geology and mining shall verify the existence of environmental impact assessment for projects implemented by individuals, business entities.
3.1 Environmental Protection plan and Monitoring program
The Environmental Protection Plan shall include the measures to reduce, mitigate or eliminate the adverse impacts which were identified during the Detailed EIA and determine the date and estimated budget for the implementation of those measures. The project proponent, implementing the project, except for projects regarding mineral resources, shall centralise the cash equal to not less than 50% of the costs required for the
Environmental Protection measures in the bank account of the soum or duureg as a guarantee of completing the bearing responsibility on the environmental protection, and shall report the result of the plan annually. Costs of environmental protection measures
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related to mineral resources shall be regulated by the Law on Mineral Resources.
Environmental protection plan and monitoring program must be approved by Ministry of
Environment, Green development and Tourism .Environmental protection plan and monitoring program must be inspected by Public repsentative Khural and inspector of local government / Aimag, soum, district/
Environmental and social baseline survey covered, geomorphology, physical and chemical conditions, climate, hydrology, soil, fauna, flora, social and cultural aspects of the survey area.
3.2 Key Stages of EIA
3.2.1 EIA Screening The first stage in the international EIA process involves
‘screening’ or categorisation of the Project in line with the expected environmental risk .
3.2.2 Scoping and Early Consultation Scoping is a key element of the impact assessment process. As part of the regulatory approvals process in Mongolia, the MNET required the EIA preparer for the Project to “take the suggestions and ideas of local residents during the detailed environmental impact assessment and to enclose them into the report”
3.2.3 Compilation of Environmental Baseline Data
Baseline data has been collected through a combination of the following:
Secondary data review of public sources of information, mapping and graphics sources; Collection of data from Project field sampling programmes and surveys, for example for surface and groundwater quality, dust measurement, fauna surveys and vegetation surveys;
Anecdotal evidence provided through interviews both with residents in permanent housing in soum centres and with herders living within the Project Area of Influence;
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Specific monitoring programmes undertaken by the project in accordance with
MNET requirements and in compliance with international standards;
Laboratory analyses. Most recently, the following additional activities (both baseline studies and impact assessment related activities) have been undertaken as part of this
ESIA:
Re-evaluation (QA/QC) of dust modelling results;
Continued development of the air dispersion model for emissions and dust generation within the Mining Licence Area to take account of the current plant design and layout; Modelling of potential climate change scenarios and their impacts on the Project;
Preparation of a greenhouse gas inventory for the Project;
A baseline noise survey taking account of the location of sensitive receptors;
Consideration of the social and environmental baseline in the design and management of the tailings storage facility and the waste rock dump;
Initiation of a long-term study of migratory wildlife patterns within the Project
Area and potential interactions of; and
Preparation of a resettlement action plan (RAP) and undertaking a household survey/completion audit to evaluate and document the effectiveness of the resettlement process. 3.2.4 Design of Mitigation Measures and Monitoring
Mitigation measures that are generally consistent with Good International Industry Practice8 have been built into the Project design and will be implemented throughout construction, operations and closure. For each area of impact, mitigation measures have been prepared describing the steps and actions to be taken. These measures are specified for each project
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phase through construction to operation and closure. In addition to mitigation and management measures, means to manage the residual impacts through the life of Project are set out in the appropriate Management Plans. The following hierarchy of mitigation measures has been followed:
A. “Designing-out” impacts by adopting an initial design that avoids impacts;
B. Assessing alternatives and, where feasible, adopting those with less or lower impacts; C. Modifying the initial design to reduce remaining impacts;
D. Applying mitigation measures to manage remaining impacts; or
E. Establishing fair compensatory measures to address residual impacts that remain
after implementation of the above steps.
3.2.5 Rehabilitation and Closure
The preparation of a rehabilitation and closure plan, prior to the development of a Project,.
This approach to project planning recognises that mining represents a temporary use of the land and that appropriate closure of mining operations contributes to the effective use of natural resources in the long-term. The plan will be reviewed on a regular basis during the operational life of the Project prior to closure to take account of:
Significant changes in the risk profile represented by the closed mine site with respect to environmental sensitivities;
Significant approved changes to the scope, extent or system of mining and mineral treatment with respect to the original plans;
Changes in the national regulatory framework with respect to permitted levels of emissions and any other contaminants and also to standards which would apply to environmental
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aspects of the post-closure mine-site (e.g. permitted levels of heavy metals in soils; quality of mine-water discharges to surface water courses);
International good practice concerning mine closure planning (as set out in the IFC EHS
Guideline for Mining, and EBRD requirements including the EU Mine Waste Directive
2006/12/EC),
Improvements in available technologies and management techniques in the mitigation and remediation of impacts due to mining activity
4. Conclusion
Earlier, the Law on Water Pollution Fee and amendments to the Law on Water drastically increased the responsibility of entities regarding use of water, including additional payments for polluting the water. Since this will be calculated on the basis of the amount of waste water that has to be treated, companies that use water for industrial purposes will gain by applying environment friendly technology in their operation. The issue of using environment friendly technology has been mentioned in some articles of the laws. Since no industry can run without water, companies have to choose environment-friendly technology. These new legal provisions are the first step towards planning the development of this country with less harm to the environment. There are 10 laws in the comprehensive package forming the Law on
Environmental Impact Assessment. The current Law on Environmental Impact Assessment was passed in 1998, and was once amended in 2012. In the years since its passage, the mining industry has developed exponentially and is still developing. EIA in accordance with the old law is no longer adequate or meaningful and miners’ responsibilities and obligations have also changed. The amendments were necessitated by this need to bring the legal requirements up to date and to give the EIA exercise a more professional look and orientation.
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Among the several new concepts now part of the law are those relating to strategy, policy, planning, counselling, organisation and other aspects. The ultimate rationale behind any EIA is to ensure that a project is operated with minimal damage to the environment and to prevent the loss of environmental balance. Mining in Mongolia has had a great deal of negative impact on the environment. Take the matter of coal transportation. No professional assessment is necessary to see that heavy truck movement on unpaved roads has caused massive amounts of dust to rise in the air, but until today, there has been no solution. We hope the present amendments will help in a proper assessment of the situation, as also in preventing or at least minimising the damage. The revised version incorporates changes in the period of performance screening, in expert’s assessment reports, and in extending the period of assessment
The revised law creates a new opportunity for citizens to be involved in the strategy assessment of any project through the Ministry’s website. So far, it has been impossible for citizens to realise what kind of impact mining projects are having on the environment or on public health until this is clearly evident. Now that they have been allowed access to the information, people will be able to study the likely impact and suggest alterations in the way the project is implemented. The revised version has more articles calling for public involvement, but some things remain unclear. For example, the law now enjoins that suggestions are to be taken from the public during the strategic assessment, but there is no definition of “the public”, nor is it clear how these suggestions will be reflected in the assessment.. In a bid to prevent environmental pollution, it has been decided to prepare a list of organisations and business entities that have used technology with harmful impact on the environment, and to pass this on to financial organizations /banks, stock exchanges, international donor organizations etc. The measure will have great benefit, but it will be difficult to successfully implement. The law does not indicate what steps will be taken
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against those who flout the guideline, nor does it say who will prepare the list of offending businesses. This issue, as part of a proper biodiversity offsets programme,has been sharply debated in recent years. In cases where a mining company is unable to rehabilitate and restore to its original form any land degraded because of its work, it is now obliged to rehabilitate a different piece of land in a similar condition.
This
legal
imperative
adds
a
new
dimension
to
environmental
rehabilitation.
Projects to do with petroleum, mining, and mining of radioactive minerals shall be subject to a closure plan, a rehabilitation plan, a scope of rehabilitation, and now a plan for rehabilitation of alternative land. The costs of such alternative rehabilitation will be included in the environmental management plan of any project. However, the law does not indicate how the provision will be enforced, or how many years will be allowed for such alternative rehabilitation, nor is it clear if it will apply only to projects beginning after the law comes into effect, or if it will have retrospective strength. The Mongolian Environmental Impact
Assessment is mainly based on Mining industry thus not focused on different fields such as agricultural, construction, road etc.
By carefully designing plans, conducting assessments
and studies, implementing pollution control recommendations from internal and external sources, monitoring the effects of the project and carefully designing closure plans, we constantly seek to minimize the impact of our activities on the environment.
Prior to implementation of each project, a detailed environmental impact assessment is conducted to identify potential impacts the project may have on the environment and ways to avoid or mitigate these impacts where necessary. In my opinion the current situation on environmental impact assessment is not fully developed to its full extend. I believe in the future the implementation of environmental impact assessment will be intended to promote strategic thinking with regard to a desirable development future for the environment and to encourage consideration of development impacts in an integrated way.
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5.Reference
2012 Amended Law of Mongolia On Environmental Impact Assessment
A Directory of Impact Assessment Guidelines by D.Garry Dalal-Clayton,
Ross Hughes. International Institute of Environment and Development.
Oyu Tolgoi LLC Environmental Management Plan 2014
Southern Gobi’s Regional Environmental assessment Jan, 2010 The World
Bank
