Businesses have to deal with the environment. The Establishments and activities Decree BES (IAB BES) and the Ministrial regulation establishments and activities BES (RIA BES) lays down environmental rules for all businesses in the Caribbean Netherlands.

Environmental Impact Assessment

When making a decision, the government must also consider whether there are any effects on the environment. With an environmental impact assessment (EIA), the environment gets a place in decision-making of a plan or project, such as a wind farm, the construction of a road, a new business park or applying for an (environmental) permit. The expected effects on the environment are described in an environmental impact report. Alternative solutions are also described so that different effects come into view.

The government, which decides on the plan or project, can thus include the report in its considerations.

A decision may be:

  • granting an (environmental) permit following an application for an activity or change of activity
  • carrying out a project
  • establishing a plan

You can find out whether you need an EIA or EIA assessment for a decision on your activity or plan in the Establishments and activities Decree BES (IAB BES).

Content of this page:

What is an Environmental Impact Assessment (EIA)

An Environmental Impact Assessment  (EIA) is a study on the expected environmental impacts of activities. The aim is to fully consider the environmental interest in the decision-making of a project.  The report is not only about the expected environmental impacts, but also looks at alternatives. Furthermore, a report contains a proposal of measures to reduce environmental impacts or to measure environmental impacts.

What is an EIA-assessment

Some activities are not directly asked for, but must first be assessed by the government whether a EIA should be made.  This is called an EIA-assessment. There are two possible outcomes: significant environmental impacts are not excluded and therefore anEIA report or significant environmental impacts are not expected.

When will you need an EIA

You may have to deal with an EIA where the government has to make a decision on designated activities, such as:

  • applying for an environmental permit (Article 5.1 of the BES Act)
  • applying for a permit (Article 20 of the Maritime Management Act BES)
  • an application based on mining law
  • an application based on a spatial development plan
  • carrying out a designated activity

The IAB BES includes a list of environmental permits and for which activities a compulsory money. This can be found in Annex 2 in column 1 B of the IAB BES. This concerns, for example, the application for an environmental permit for the storage of oil, the production of chemicals.

When will you need an EIA-assessment

In the same Annex 2 of the IAB BES you will also find a list of activities that state when an assessment is needed. The list of activities is set out in column 1 of section C.

In addition, an assessment obligation is always necessary for activities to be carried out in sensitive areas or in buffer zones of a sensitive area and which can have harmful consequences for the landscape, nature or landscape or nature values.

How does an EIA or an EIA-assessment work

When applying for an environmental permit, the EIA is linked to the procedure for the environmental permit. An EIA is part of the application for an environmental permit.

When applying for permits for other activities, it is a separate procedure.

Where to find the rules

The rules for the EIA and EIA assessment are set out in:

  • Chapter 7 of the Public Housing, Spatial Planning and Environmental Management Act BES
    • This chapter sets out the conditions for an EIA and who is responsible.
  • Chapter 4 of the IAB BES:
    • This section describes the activities for which the EIA or EIA assessment applies.
  • Annex 2 of the IAB BES:
    • This annex lists the list of activities that require an EIA or an EIA assessment.

Who needs to pay for an EIA

The person who applies for a decision pays for an EIA. This initiator can be both a company and a government organisation. The initiator of the EIA required activity shall have an environmental impact report drafted by EIA experts at his expense and under his responsibility.

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