EIA AND STANDARD PROJECT APPROVAL CONDITIONS

The objectives of the EIA component of the proposed holistic regulatory framework are to:

• ensure the EIA is undertaken, and reviewed, in the context of the landscape-level strategic planning for linear infrastructure;

• ensure that resilience and inclusivity expectations for assessing project proposals are clearly articulated;

• establish standard conditions to be attached to project approvals;

• define expected content for environmental management and monitoring plans for approved projects.

An EIA for a linear infrastructure project proposal should be undertaken and reviewed prior to project approval with reference to the landscape-level strategic plan (or, in its absence, another strategic assessment of linear infrastructure) by:

• ensuring baseline information is aligned;

• undertaking an assessment of cumulative impacts by reference to the landscape plan;

• considering resilience and inclusivity at the project level in the same terms as the landscape level.

This approach would not require amending EIA laws, which exist in all ASEAN member states,110 but would instead involve providing detailed context and considerations for applying those laws to linear infrastructure project proposals. The regulatory framework for the holistic model complements the existing EIA laws by establishing these criteria for project proponents and EIA consultants when undertaking EIAs, and for government officials when reviewing submitted EIAs.

Approved EIAs are generally used to authorize permits that allow the project to proceed to construction, with implementation subject to compliance with the recommendations and EMP contained in the approved EIA. These recommendations are supplemented by additional conditions appropriate to the jurisdiction and project.

An EMP should be clear, concise, and—following EIA approval—updated to address all relevant conditions of approval and any related legislative requirements. For new projects, an EMP comprises a construction EMP (CEMP) and an operational EMP (OEMP). Each of these documents identifies the issues needing to be managed, who is responsible, and how the management is carried out. The EMP should address these concerns in a way that ensures that all relevant environmental and social management issues are resolved.

Adopting standard conditions for EIA approval that incorporates links between the specific project and relevant strategic landscape planning and sets expectations for inclusive approaches to project implementation–particularly through community consultation and operational grievance mechanisms–presents an opportunity to raise awareness and expectations among stakeholders in an efficient and legally binding manner. Similarly, providing guidance to project proponents and EIA consultants on the content of both the project approval conditions and an EMP increases the likelihood that environmental and inclusivity considerations are applied consistently through the construction and operation phases. Annex 7 provides draft standard conditions for approved linear infrastructure projects and Annex 8 provides a draft checklist for preparing EMPs.

These standard conditions for project approvals and guidance for preparing EMPs can be adopted immediately, using existing EIA arrangements, and can be formally integrated into regulations adopted when establishing the holistic model for resilient and inclusive linear infrastructure development.

Role For Asean

ASEAN has a pivotal role in planning linear infrastructure connectivity and in supporting member states to adopt planning frameworks that can facilitate such connectivity.

ASEAN’s Charter and Vision 2025 reiterated the importance of sustainable development as a feature of ASEAN. Significant work has been undertaken to integrate the ASEAN Economic Community and to reduce trade barriers between ASEAN member states. The recommendations in this report also align with the ASEAN Connectivity 2025 master plan and the Framework for Improving ASEAN Infrastructure Productivity.

ASEAN has also developed the Taxonomy for Sustainable Finance containing four main environmental objectives and two essential criteria.111 The objectives are: climate change mitigation; climate change adaptation; protection of healthy ecosystems and biodiversity; and promoting resilience and the transition to a circular economy. The essential criteria are to do no significant harm and to consider how to avoid impacts at the outset. The taxonomy provides a clear message for investors in ASEAN—that investment should be inclusive, resilient, and sustainable.

Through its bilateral ties with China, Japan, the EU, the USA, and Australia, ASEAN is negotiating and developing investment in linear infrastructure in accordance with ASEAN principles. The ASEAN Intergovernmental Commission on Human Rights (AICHR) has been working to enhance the EIA system in ASEAN for the past eight years and has adopted projects to harmonize and strengthen EIA and environmental rights in ASEAN.112

ASEAN coordinates with other institutions such as the World Bank, IFC, and ADB, as well as UN bodies such as UNESCAP, UNEP, and UNDP.

111 https://asean.org/book/asean-taxonomy-for-sustainable-finance/ (last accessed 19 September 2022)

112 https://aichr.org/news/aichr-un-discuss-milestones-towards-a-regional-instrument-on-environmental-rights-in-asean/