S.L. 549.46 Art. 16Scoping: terms of reference.

(1) After the developer has complied with sub-

regulation (2) of regulation 15, the Authority shall initiate scoping. The terms of reference for the environmental impact assessment shall be based on the information established in Schedule IV, and shall specify the information that may be required for reaching an informed conclusion on the significant effects of the project on the environment, taking into account the screening outcome. The environmental impact assessment shall, with a view to avoiding duplication of assessments as well as to optimize the quality of the assessment, take into account the information contained in, and results of, other relevant environmental assessments and studies undertaken in terms of these regulations or under any other legislation, insofar as such information is relevant, reasonably available and still appropriate.

(2) The Authority shall invite:

(i) Government entities as the Authority deems relevant;

(ii) the local councils responsible for the localities where the project, including its ancillary infrastructure, is proposed to be sited;

(iii) other local councils that in the opinion of the Authority are likely to be affected by the project or its ancillary infrastructure; and

(iv) the public, and the public concerned;

to make recommendations and ancillary reasoned justifications on any relevant matters that merit inclusion in the terms of reference, within 30 calendar days of such notification. The Authority shall also inform the developer in writing of the names and addresses of the Government entities and local councils so notified. The Authority shall have the right to factor any recommendations in its terms of reference as well as to partly adopt or decline them as it deems most appropriate. The Authority may also request further clarification or information from the afore-mentioned parties.

(3) Prior to the setting of the terms of reference, the Authority may convene:

(i) one or more scoping meetings, when it is considered by either party that the proposed project is of major significance because of its nature, scale, location, hazardous properties or other reasons; and or

(ii) one or more meetings between the Authority and the developer, and the reasonable cost of such meetings, if any, shall be borne by the developer.

(4) Following these consultations, the Authority shall formulate draft terms of reference for the EIA report. The Authority shall give the developer and the coordinator, if already appointed in accordance with these regulations, the opportunity to propose amendments thereto for the Authority’s consideration. Thereafter, the Authority shall issue the final terms of reference for the assessment, without prejudice to the provisions of these regulations and to any further requirements or modifications at a later stage in the light of the evolution and findings of the assessment itself.

(5) The Authority shall communicate a copy of the final terms of reference to the developer. The final terms of reference for the environmental impact assessment shall also be available to the public through the Authority’s website without delay.

(6) Notwithstanding the provisions of sub-regulations (2) to (5), the Authority may adapt or modify the terms of reference, with due justification, at any time according to the environmental considerations relevant to the project, and the provisions of these regulations shall apply. The information provided to the public in line with sub-regulation (5) shall be updated accordingly without delay and not later than fifteen (15) days from the adoption or modification of the terms of reference.