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"Research and Analysis of Environmental Impact Assessment Act 8

"Research and Analysis of Environmental Impact Assessment Act 8 」於資料集「EPQSummary_EnvironmentalImpactAssessment」由單位「行政院環境保護署」的陳先生所提供,聯繫電話是02-2311-7722#2386,最近更新時間為:2023-07-30 01:01:43。 欄位Project Title的內容是"Research and Analysis of Environmental Impact Assessment Act 8 Judgement Guideline Project Work Plan" , 欄位Project Subject的內容是"  This project aims at exploring how to apply Environmental Impact Assessment Act Article 8, especially the requirement provides that “the likelihood of significant impact on the environment”. Although Article 19 of the Administrative Regulation Related to the Application of Environmental Impact Assessment Act provides 8 specific situations, the courts take hard look doctrine to review those judgements made by expert committee in the EIA process. The courts often argue that the EIA resolutions are illegal because they contain judgement flaws or abuse of judgement. The concepts of “the likelihood of significant impact on the environment” are so vague that the administrative courts suggest the Environmental Protection Agency should propose or establish a clear identification method to make those requirements more concrete than before. Therefore, this project made a comprehensive survey, including the legislation history of EIA Act, similar Acts of foreign countries, EIA reports done by developers, EIA resolutions, and judicial judgements.  This project analyzed 158 cases relating to whether the second phase of EIA is necessary to be done. It was found that most of their considerations included significantly adverse influences on environmental resources or environmental characteristics, obviously exceeded the environmental quality standards and exceeded tolerant capacity of local environment. However, it is difficult to generalize a conclusion from a quantitative perspective. On the other hand, this project also reviewed over 44 judgements done by administrative courts. It was found that many judges emphasized the due process of law, well-reasoned, the procedural rights of local citizens to participate the EIA, the complicated relations between EIA resolutions and section 1 article 93 of the Administrative Procedural Act, and whether the resolutions of EIA were based on the record of the meeting. After summarizing all the analysis coming from reviewing EIA resolutions and judgements done by administrative courts, this project established common and specific criteria for general application of the EIA cases. Because quantitative factors are difficult to comply with all scientific verification requirements, this project suggested that it may be proper to adopt the bases set by the amendment of Administrative Regulation of EIA firstly and refer to the criteria secondly.   Based on pragmatic research methods, many dialogues between legal professors and scientific scholars and opinions collected from the public, this project establish “CRITERIA Related to the Likelihood of Significant Impact on the Environment for Judgement of EIA Committee. The outcome of this project may become an effective guideline for the EPA, and experts of EIA Committee. The response of the administrative courts is noteworthy." , 欄位Project Year的內容是2014 , 欄位Organizer的內容是"Department of Comprehensive Planning" , 欄位Executive Unit的內容是"國立臺北科技大學" , 欄位Reporting download URL的內容是https://epq.epa.gov.tw/project/filedownload.aspx?fid=98044 , 欄位Publish Date的內容是20151001

Project Title

"Research and Analysis of Environmental Impact Assessment Act 8 Judgement Guideline Project Work Plan"

Project Subject

"  This project aims at exploring how to apply Environmental Impact Assessment Act Article 8, especially the requirement provides that “the likelihood of significant impact on the environment”. Although Article 19 of the Administrative Regulation Related to the Application of Environmental Impact Assessment Act provides 8 specific situations, the courts take hard look doctrine to review those judgements made by expert committee in the EIA process. The courts often argue that the EIA resolutions are illegal because they contain judgement flaws or abuse of judgement. The concepts of “the likelihood of significant impact on the environment” are so vague that the administrative courts suggest the Environmental Protection Agency should propose or establish a clear identification method to make those requirements more concrete than before. Therefore, this project made a comprehensive survey, including the legislation history of EIA Act, similar Acts of foreign countries, EIA reports done by developers, EIA resolutions, and judicial judgements.  This project analyzed 158 cases relating to whether the second phase of EIA is necessary to be done. It was found that most of their considerations included significantly adverse influences on environmental resources or environmental characteristics, obviously exceeded the environmental quality standards and exceeded tolerant capacity of local environment. However, it is difficult to generalize a conclusion from a quantitative perspective. On the other hand, this project also reviewed over 44 judgements done by administrative courts. It was found that many judges emphasized the due process of law, well-reasoned, the procedural rights of local citizens to participate the EIA, the complicated relations between EIA resolutions and section 1 article 93 of the Administrative Procedural Act, and whether the resolutions of EIA were based on the record of the meeting. After summarizing all the analysis coming from reviewing EIA resolutions and judgements done by administrative courts, this project established common and specific criteria for general application of the EIA cases. Because quantitative factors are difficult to comply with all scientific verification requirements, this project suggested that it may be proper to adopt the bases set by the amendment of Administrative Regulation of EIA firstly and refer to the criteria secondly.   Based on pragmatic research methods, many dialogues between legal professors and scientific scholars and opinions collected from the public, this project establish “CRITERIA Related to the Likelihood of Significant Impact on the Environment for Judgement of EIA Committee. The outcome of this project may become an effective guideline for the EPA, and experts of EIA Committee. The response of the administrative courts is noteworthy."

Project Year

2014

Organizer

"Department of Comprehensive Planning"

Executive Unit

"國立臺北科技大學"

Publish Date

20151001

「"Research and Analysis of Environmental Impact Assessment Act 8 」所屬的資料集:「EPQSummary_EnvironmentalImpactAssessment」的其他資料

Project Title: The Supervision Project for Environmental Impact Assessment
Project Subject: This Plan is directed toward six developing plans which had through environmental effect appraisal e
Project Year: 2009
Organizer: Department of Comprehensive Planning

Project Title: The Supervision Project for Environmental Impact Assessment
Project Subject: The scope of the project was the review and supervision the approved environmental impact assessment
Project Year: 2017
Organizer: Bureau of Environmental Inspection

Project Title: Cumulative environmental impact assessment
Project Subject: Rapid growth of economics and society has driving force in continuously mining natural resources and
Project Year: 2002
Organizer: Department of Comprehensive Planning

Project Title: Environmental Impact Assessment Inquiry Application System data collection and maintenance project
Project Subject: This project had developed many results this year in the Environmental Impact Assessment inquiry app
Project Year: 2013
Organizer: Department of Comprehensive Planning

Project Title: 111 Taichung City Environmental Education Promotion/Talent Cultivation and Environmental Impact Asse
Project Subject: The Environmental Protection Bureau of the Taichung City Government organized the 111 Years Taichung
Project Year: 2022
Organizer: Environmental Protection Bureau, Taichung City

Project Title: EIA Documents Data Processing (II)
Project Subject: In order to improve accuracy and prompt data processing and data transporting in Environmental Impa
Project Year: 2002
Organizer: Department of Comprehensive Planning

Project Title: Analysis of Environmental Impact Assessment and decision-making supporting project in 2019
Project Subject: The 2019 Analysis of Environmental Impact Assessment and decision-making supporting project was cont
Project Year: 2019
Organizer: Department of Comprehensive Planning

Project Title: Total Load Control Plan for Environmental Impact Assessment in Slope-Land and Coast Areas
Project Subject: According to the environmental carrying capacity, total load control aimed to develop and use enviro
Project Year: 2004
Organizer: Department of Comprehensive Planning

Project Title: The Reviews and Perspectives of Strategic Environmental Assessment in Taiwan
Project Subject: Since the National Environmental Policy Act(NEPA)was implemented in the United States in 1970’s, the
Project Year: 2004
Organizer: Department of Comprehensive Planning

Project Title: Construction of regional non-ionizing radiation monitoring data and information management project
Project Subject: In order to achieve a more comprehensive investigation of the distribution of environmental electrom
Project Year: 2018
Organizer: Department of Air Quality Protection & Noise Control

Project Title: "Environmental Impact Assessment Supervision and Inspection of Listed Cases Involving Air Pollutant
Project Subject: "The main purpose of this project is to assist the Environmental Protection Agency in supervising an
Project Year: 2021
Organizer: "Bureau of Environmental Inspection"

Project Title: Review of Directions for Examination of Environmental Impact Assessment and Draft of Environmental I
Project Subject: The implementation of this project achieves the following: (1)Comparison analysis between the curren
Project Year: 2008
Organizer: Department of Comprehensive Planning

Project Title: Strategic Environmental Assessment on Changes in Scope of the Drinking Water Source Quality Protecti
Project Subject: Taiwan has announced the delineation of 86 drinking water source and quality protection areas and 49
Project Year: 2015
Organizer: Department of Environmental Sanitation & Toxic Substance Management

Project Title: Design of biodiversity offsets technical guidance and construction of GIS databases in EIA
Project Subject: Ecosystem services and biodiversity are the foundation to human sustainable development and are supp
Project Year: 2012
Organizer: Department of Comprehensive Planning

Project Title: Evaluation of EIA Technical Consulting Organizations in 2015 and Communication Conferences
Project Subject: The Environment Protection Administration (EPA) has been annually undertaking the Evaluation of Envi
Project Year: 2014
Organizer: Department of Comprehensive Planning

Project Title: 109 Annual Poison and Chemical Source Inspection Management Plan
Project Subject: In order to effectively check and manage the operation and use of the environmental impact assessmen
Project Year: 2020
Organizer: Environmental Protection Bureau, Chiayi County

Project Title: Review And Correction about Scoping and Policy Evaluation in Development activity of Environmental I
Project Subject: Recently, more and more development activities are obliged or volunteer to undergo the second stage
Project Year: 2014
Organizer: Department of Comprehensive Planning

Project Title: "Plan of technical support on environmental impact assessment for river water quality"
Project Subject: "  The purpose of this study is to assist Taiwan EPA in reviewing the report of environmental impact
Project Year: 2015
Organizer: "Department of Comprehensive Planning"

Project Title: "Assessing Health Risk of Residents Nearby the Coastal Area of Yunlin County"
Project Subject: "In order to evaluate the health impact of the Yunlin offshore industrial park on the local communit
Project Year: 2017
Organizer: "Environmental Protection Bureau Yunlin County"

Project Title: "Environmental impact assessment review operations Project after the Implementation of the Geology A
Project Subject: " Geology Act is promulgated by the Ministry of Economic Affairs on December 1st 2011. “Geologically
Project Year: 2017
Organizer: "Department of Comprehensive Planning"

Project Title: "Environmental Impact Assessment Inquiry Application System Management and Maintenance Project"
Project Subject: "This project had developed many results this year in the Environmental Impact Assessment inquiry ap
Project Year: 2020
Organizer: "Department of Comprehensive Planning"

Project Title:
Project Subject: This plan deals with the 2016 “New Taipei City EIA Supervision and Control and Sustainable Developme
Project Year: 2016
Organizer: Environmental Protection Bureau, Taipei County

Project Title: Environmental Impact Assessment Inquiry Application System Management and Maintenance Project
Project Subject: This project had developed many results this year in the Environmental Impact Assessment inquiry app
Project Year: 2021
Organizer: Department of Comprehensive Planning

Project Title: The Design and Implementation of Greenhouse Gases Voluntary Reduction Project Review Mechanism and D
Project Subject: There are five main work items in this project; the results achieved for each item are summarized as
Project Year: 2021
Organizer: Department of Environmental Sanitation & Toxic Substance Management

Project Title: Project for Assistance on Holding EIA Review Meetings in 2021, Evaluation of EIA Technical Consultin
Project Subject: The main objective of this project is to improve the efficiency and qualityof the Environmental Impa
Project Year: 2021
Organizer: Department of Comprehensive Planning

Project Title: Environmental impact assessment review operations Project after the Implementation of the Geology Ac
Project Subject: Geology Act. is promulgated by the Ministry of Economic Affairs on December 1st 2011. “Geologically
Project Year: 2019
Organizer: Department of Comprehensive Planning

Project Title: The Supervision Project for Environmental Impact Assessment
Project Subject: The scope of the project was the review and supervision the approved environmental impact assessment
Project Year: 2018
Organizer: Bureau of Environmental Inspection

Project Title: "Enhanced Environmental Impact Assessment Supervisory and law Enforcement Project 2021."
Project Subject: "The scope of the project was the reviewed and supervised the approved environmental impact assessme
Project Year: 2021
Organizer: "Bureau of Environmental Inspection"

Project Title: Environmental resource management and decision-making supporting project in 2017
Project Subject: The 2017 environmental resource management and decision support project was contracted to the IER by
Project Year: 2016
Organizer: Department of Comprehensive Planning

Project Title: Air Pollution Control and Carbon Reduction Plan-Four Aspects of Reduction Project in Authorities and
Project Subject: Regarding to the issue that energy saving and carbon reduction has became a global trend, the Govern
Project Year: 2012
Organizer: Taoyuan County Government Environment Protection Bureau

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