Environmental Impact Assessment (EIA) is a mandatory and critical procedure for any large-scale project in Georgia that may have a significant impact on the environment. This process serves as a prerequisite for state and public consent for project implementation. Without an EIA, no hydropower plant, factory, road, landfill, or other major infrastructure facility can be built. Legislation divides activities into two annexes: Annex I activities are directly subject to EIA, while Annex II activities undergo screening to determine the need for an EIA. This is a complex, multi-stage process involving studies, public hearings, and expertise. Errors or improper public engagement can lead to projects being stalled for years, resulting in huge financial losses for the investor.
What Does EIA Legal Service Cover?
Legal support for the EIA process ensures that the project is implemented in full compliance with the law and legal risks are minimized:
- Screening Procedure: Preparing applications for Annex II activities to justify that the project does not require a full EIA (where applicable).
- Scoping Stage: Defining the scope of EIA research and agreeing with the Ministry on the issues that need to be investigated.
- EIA Report Coordination: Legal oversight of report preparation to ensure it meets Code requirements.
- Managing Public Hearings: Organizing and conducting public hearings, recording public comments, and preparing responses.
- Obtaining Environmental Decision: Managing the process of receiving the final administrative act (permit).
- Litigation: Defending the project in court if the EIA results or Environmental Decision are challenged (e.g., lawsuits from NGOs).
Common Scenarios and Needs
The most common problem is starting the EIA at a late stage of project planning when the investor is already in a rush to build. Statutory deadlines (several months) are often a surprise for businesses. Conflicts with the local population opposing the project due to lack of information are also frequent. Mistakes at the screening stage can lead to even simple projects being required to undergo a full EIA, increasing costs and duration. Furthermore, in cases of funding from international financial institutions (EBRD, ADB), the EIA must meet not only Georgian but also international standards.
Georgian Legislation and Regulations
The fundamental document of the field is the "Environmental Assessment Code", which is fully based on EU directives. It details the procedures for screening, scoping, and EIA, as well as rules for public participation. For strategic documents (e.g., master plans), Strategic Environmental Assessment (SEA) regulations apply. The Ministry of Environmental Protection and Agriculture and its LEPL National Environmental Agency are involved in the process.
The Process: How a Specialist Works
At the initial stage, the lawyer determines which annex the activity falls under. A substantiated application is prepared for the screening stage. If an EIA is required, scoping begins — the lawyer and consultants define the research plan. During the preparation of the EIA report, the lawyer ensures that all risks (social, ecological) are assessed and legally addressed. During public hearings, the lawyer defends the company's position and ensures procedural transparency, which is crucial for the legitimacy of the decision.
Why Legal.ge?
EIA is not just an ecological study; it is a complex legal and administrative process. An improperly conducted EIA is a guaranteed lawsuit and a stalled project. Legal.ge gives you access to top environmental lawyers and consultants with a successful track record in approving the most complex projects (HPPs, factories). Ensure the sustainability and legality of your investment with Legal.ge.
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