New regulation on environmental impact assessment

On 23 May 2017 the Parliament adopted the Law of Ukraine “On Environment Impact Assessment” (the Law). Reference — http://zakon0.rada.gov.ua/laws/show/2059-19.

The newly adopted Law requires mandatory assessment of impact (both direct and indirect) on the environment of certain industrial objects and activities, such as, among others:

• The extraction of mineral resources
• The storage and processing of hydrocarbon crude
• Hydro-power plants
• Wind-power plants with two or more turbines with a height exceeding 50 meters
• Oil and gas processing plants
• CHP stations
• Facilities for the production and enrichment of nuclear fuel
• The extraction of oil and natural gas from the continental shelf
• Pipelines for transporting oil and gas with a diameter exceeding 800 mm and having a length of 40 km or more
• Facilities for oil and petrochemicals storage
• The construction of overhead transmission lines with a voltage of more than 220 kV having a length exceeding 15 km.

The operation of the above objects, and conduct of the above activities, may not be commenced until their impact on the environment has been assessed in accordance with the Law and until a positive decision is received from the relevant authorities.

As part of the assessment process, the environmental authorities need to be provided with an assessment of the environmental impact, and such report becomes subject to public discussion. Based on this, environmental authorities provide their opinion on the assessment. A report on the environmental impact assessment, a report for public discussion and an opinion of environmental authorities forms the basis for local authorities to issue a relevant permit.

The Law also provides for the establishment of a Single Register on the Environmental Impact Assessment.

The new regulations will apply only to new operations/activity provided.

The Law will come into force on 18 December 2017.