Study on the Environmental Impact Assessment Act ─ Focus on the Public Participation in Environmental Administration

• Main Authors: TSAI CHIA-HUNG, 蔡嘉宏
• Other Authors: 郭俊麟
• Format: Others
• Language: zh-TW
• Published: 102
• Online Access: http://ndltd.ncl.edu.tw/handle/6qm852

碩士 === 南台科技大學 === 財經法律研究所 === 101 === The countries of the world are gradually increasing emphasis on Environmental Protection problems under the issue of Global Warming, and developing International Conventions to promote convention countries to maintain environmental existence together. Environmental impact assessment is : By possessing ways such as the investigation, prediction, analysis of science, objective, comprehensive property and evaluating in advance, on intensity and range of influence that the economic “development activities” or “government policy” may cause to the environment, propose the plan of environmental management, disclose the explanation and examine it. Environmental Impact Assessment Act is the regulation of standardizing appraisal procedure of environmental impact. As to the part related to citizen participation, although regulation clause has norm proclaimed in writing, the people participate in environmental impact assessment systems, though already according to expressing regulations relevantly and implementing specifically. But there are still a lot of relevant derivation questions, demanding us urgently and find out the very crux of the question. To avoid the above problem, this text proposes that we should study the people participate in environmental impact assessment procedure in terms of constitution, probe into relevant legal norm first. Use a comprehensive review of existing environmental impact assessment systems to investigate the legitimate basis of “Public Participation” in Environmental Impact Assessment Act. The Act should not only add weight on public participation and enhance the ability of free access of information, but also to stipulate the qualification of a composer of a EIA report be an impartial third party chosen by the governing agency similar to United States and Germany in the first stage to prevent bias and distortion of risk assessment data. Second, comparing the actual practice with the system in United States and Germany, the first stage in our system can only be considered as a qualifying process which a veto rights should not be assigned at this stage. This stage can only be concluded in the process of qualification. Finally, review the execution of decision-making agency of state institutions, the importance of public participation and opinion expression, and the compliance with the rule of law etc. The focus of this paper is to explore the core of how these be reflected in the Environment Impact Assessment Review Procedures, and it is the most substantial condition of the sustainable development system.