Enlist local civil society organizations when appropriate, as was done in some of the consultations on land-related laws. We apologize if this process has introduced errors or caused us to make inappropriate comments or suggestions.
See our comments on Article 5 a. Protection of nature, species and biodiversity Noise pollution Cooperation for the environment with third countries other than EU member states Civil protection Middle East[ edit ] The U. The current lengthy process to enact land-related laws illustrates some of the obstacles of legislating without an underlying policy framework, and several of the civil society submissions to that process may help the proponents of this law avoid them, as well as providing insights into environmental aspects of land management.
It is normal to altogether prohibit a project which impacts on a valuable asset both under law or otherwise, such as Tara Bandu areas or community needs. The rights approach is a break away from traditional environmental regulatory systems, which regard nature as property and legalize and manage degradation of the environment rather than prevent it.
The next few years will be interesting as the Commonwealth continues to Law and environment its clean energy policies and the regional electric grid transitions toward a renewable future. Environmental Licensing Decree-Law Had there been a public consultation prior to enactment the Environmental Licensing Decree-Lawwe would have pointed out some basic weaknesses in addition to those discussed above under public consultation, and perhaps this law can be revised.
The Law fails to acknowledge the potential for significant environmental impacts from the cumulative effects of small individual activities. Stakeholders, civil society organizations, the public and especially local communities must be informed that the consultation is happening and invited to participate.
Given the broad discretion afforded DOER in the development of these program rules, and the relatively short time-frame in which to accomplish the task, the stakeholder process around CPS will likely be robust. It is evident from the bill that the Legislature sees storage as a major player on the road to a renewable future, and this program affords storage another opportunity to fulfill that role.
The protections and implications of this law are not abstract for people who live in those communities. International perspectives are increasingly seeing the environment as a human rights issue, and recent conventions including the UN Declaration on the Rights of Indigenous Peoples have elaborated this right, including the right for indigenous people and communities to exercise or withhold free, prior, informed consent to projects which could affect them.
The general approach of this law appears to be that of resource users - seeing environmental components as something to be exploited for material gain, and the environment itself is a resource. Timor-Leste deserves a 21st-century environmental legal framework; we do not have to relive and relearn the sad experiences of other countries which did not protect their environment until recently.
Individual environmental impacts must not be viewed in isolation; but, must rather account for previous, concurrent, and future development actions at various spatial scales.
If we had been asked about this decree-law before it was enacted, we would have suggested that it incorporate these essential elements for public consultation on environmentally sensitive projects and decisions: This will reduce the burden on SEMA and the Ministry of Economy and Development and ensure that their efforts to implement this law are not overrun or sidestepped by more powerful agencies or politicians.
Many others have suffered the impact of erosion and flooding. For economic benefit, Law and environment accept some damage, and take a minimalist approach to define maximum acceptable levels of damage.
This will make it easier to revise the draft and incorporate information and recommendations from this initial consultation. Every policy, law or regulation should be written with an eye to how it can impact on or protect the environment.
Law and environment is explicitly stated in Article 64, but is referred to in many articles. In conjunction with this need, the principle of "Buen Vivir," or good living—focused on social, environmental and spiritual wealth versus material wealth—gained popularity among citizens and was incorporated into the new constitution.
Either or both approvers will be responsible if the approval was issued in contradiction with the facts or the law, subject to legal action. Special efforts must be made to obtain wide participation from local communities which may be impacted by a project or law, especially vulnerable and remote populations.
The laws should be clear whether the Government or project proponent is responsible for each step of this process; this has been confusing in past EIA consultation processes. It also has economic benefits, increasing the attractiveness of Timor-Leste to visitors and ecotourism.
Comprehensive, accessible, unbiased information including project proposals and draft laws must be provided prior to the consultation in languages people can understand.
Participants must be allowed sufficient time at least 30 days to analyze and comment on that information. The Evaluation Committee Article That Convention guarantees specific rights in broad areas of access to information, public participation and access to justice.
The rights enumerated in both these conventions should be respected for Timor-Leste citizens, especially in rural areas, and for members of vulnerable groups.
There can be no doubt, however, that the cumulative effect of increases to the RPS, the creation of the CPS and the potential for doubling the off-shore wind procurements will affect the competitive wholesale electricity markets.
Without such a policy, the principles underlying this law to the extent that they exist do not represent broad-based Timorese wishes and desires. Decision-makers should use the consultation process as a source of information and perspectives to enable them to make decisions which are better for the nation and the community.
The main roles of SEMA would to research and publish about environmental issues, to coordinate EIA and other processes, and to receive complaints. Allow at least one month for comments, and more time for complex issues like this law that will benefit from outside expertise.
This list is not comprehensive as many other parts of that decree-law need revision, but some of these are also applicable to the Basic Environment Law under discussion: Our comments on articles in the draft law in the tabular part of this submission give some suggestions of how other ministries could be brought into environmental processes, and creative thinking could give many more.
In many of these, we have suggested ways to make public consultation more effective, including: The consultation should go beyond district capitals and include rural communities likely to experience environmental impact.Environmental law, also known as environmental and natural resources law, is a collective term describing the network of treaties, statutes, regulations, common and customary laws addressing the effects of human activity on the natural environment.
The core environmental law regimes address environmental pollution. Before enacting this Basic Environment Law, it would have better to develop a fundamental national environment policy through extensive, nation-wide public consultation, as was done on the Concept Paper for the Petroleum Fund Law in Without such a policy, the principles underlying this law (to the extent that they exist).
On Wednesday, the 4th Circuit Court of Appeals reversed a District Court ruling and rejected the Sierra Club's citizen suit against Virginia Electric Power.
Buy The Common Law and the Environment: Rethinking the Statutory Basis for Modern Environmental Law (The Political Economy Forum) on 5/5(1). Environmental law refers to a variety of protections which share the goal of protecting the environment.
Federal Law The National Environmental Policy Act (NEPA) was passed in along with the Environmental Quality Improvement Act and the National Environmental Education Act. ABA - Environment, Energy, and Resources Section. The Section of Environment, Energy, and Resources is the premier forum for lawyers working in areas related to environmental law, natural resources law, and energy law.Download