S.L. 549.46 ст. 32Incorporation of environmental measures and safeguards in permits.

When development consent is granted for a project which had been subjected to an environmental impact assessment or screening under these regulations, the following provisions shall apply:

(a) The Authority may recommend to the permitting authority to include any conditions and measures in the development consent. It may also recommend amendments to the project or specifications on any features of the project to ensure that the assessment or screening outcome is duly fulfilled, or to avoid, prevent or reduce and, if possible, offset significant adverse effects on the environment. Such measures may also include inter alia:

(i) the imposition of financial guarantees in favour of the Authority;

(ii) insurance against damage to the environment;

(iii) contributions to the Environment Fund;

(iv) the submission of any data, information or documentation; and

(v) environmental permitting requirements, other authorizations, and enforcement considerations.

(b) The Authority shall require monitoring of the relevant effects of the project on the environment, in accordance with specifications and procedures as it deems most appropriate and effective in order to avoid, prevent or reduce and, if possible, offset significant adverse effects on the environment.

(c) The following provisions shall apply with regard to monitoring undertaken in terms of paragraph (b):

(i) the monitoring shall be undertaken either by the Authority or by any other person acting on the Authority’s instruction, or in liaison with other authorities, and shall address the effects of the project on the environment;

(ii) the type of parameters to be addressed and the duration of the monitoring shall be relevant and proportionate to the nature, location and size of the project, the site environment and the potential effects on the environment;

(iii) existing arrangements resulting from other relevant legislation may be used if appropriate, with a view to avoiding duplication; and

(iv) the Authority shall require any remedial measures, including adjustments to the project or of the works methodology, to address to its satisfaction any impacts, risks or adverse implications identified.

(d) The Authority may also require any other post-permit analysis as may be relevant including verification and auditing of predictions and assessments, and implementation of corrective measures.

(e) The application of any measures in line with paragraphs (a) to (d) shall not be construed as a justification for the project, and shall be without prejudice to the Authority’s assessment of the overall merits of the project and of its impacts and implications on the environment.