| Summary: | 碩士 === 國立中興大學 === 法律學系科技法律碩士班 === 100 === Although Taiwan’s Environmental Impact Assessment Act (hereinafter called “EIA Act”) includes the authorization on proceeding strategic environmental assessment(hereinafter called “SEA”), it was a hasty proposal adopted by the lawmakers. Lacking fully discussions during the lawmaking process, not only the conclusions done by individual case are respectively independent but also reduce the intention of government to activate SEA processes, which leads the poor implementation and low enforcement. The residents only concern whether the environmental impact assessment covers their residency area and attract more attentions on specific development project. However, the lacking of considering cumulative impacts and late reviewing process on individual developing project when proceeding environment impact assessment, this evaluation system can not achieve its goals to protect nature and resources. Only enhancing the implementation and execution on SEA could integrate and combine all conclusions and prevent the possibility of doing double evaluations. This essay collected the academic resources in United States of America, which is the first country to establish SEA system, and also the Directive “on the assessment of the effects of certain plans and programmes on the environment” passed by the European Union for better understanding those related regulations on SEA, implementation and comments. They are essential reference materials to modify the articles of SEA under the current EIA Act.
Many environmental factors shall be considered under EIA Act. Since approaching welfare state is the goal of many governments, they have fully obligations to secure the health of their citizens. Most of the industrialized countries evaluate the impacts on people’s health caused by the chosen policies. Those assessment processes cover evaluations of health impacts and promoted by the World Health Organization (WHO). This essay also discovers the related systems of health impact assessment and its implementations in EU, WHO and US. The findings will be used to analysis the possibilities of adding health impact assessment as context of current EIA Act.
Taiwanese government already aware the future challenges and proposed four bills for bureau reorganization. The President also signed the “International Covenant on Civil and Political Rights” and “International Covenant on Economic, Social and Cultural Rights”. The signature and implementation is essential to the reform and reorganization. This essay suggests not only to review contexts of Taiwan’s Constitution and its Amendments but also review the above two Covenants to find out the legal authorizations of the SEA and health impacts assessment. Based on the legislature reviews on related experiences happened in China, EU and US, it is necessary to create separate and specific chapter to regulate SEA under current EIA Act. The new proposed EIA Act shall have general principles chapter for SEA and individual project on environmental impact assessment to provide clear definitions and consistency reliance. The health impacts assessment and its procedures shall also add into the new EIA proposal. They could provide better protection on environment and health.
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