KAT Exploration Inc (KATX)

[falon]

Gump,

You make it sound like it is a difficult process. All governments have their bureaucratic elements, however people familiar with the process know how to get the paperwork push through. It works they way all over the world.

ENVIRONMENTAL ASSESSMENT
... A Guide to the Process


http://www.env.gov.nl.ca/env/env_assessment/ea_guide.pdf


PURPOSE OF ENVIRONMENTAL ASSESSMENT
The purpose of the Act is “to facilitate the wise management of the natural resources of the province and to protect the environment and quality of life of the people of the province”. It requires anyone who plans a project that could have a significant effect on the natural, social or economic environment to present the project for examination. The EA process ensures that development projects proceed in an environmentally acceptable manner. When the potential environmental effects of projects are of concern, the EA process generates real benefits by: (i) providing for comprehensive project planning and design, (ii) maximizing environmental protection, (iii) enhancing government coordination, accountability and information exchange, (iv) facilitating permitting and regulatory approval of projects.

The Environmental Assessment Division of the Department of Environment and Conservation administers the EA process including: (i) consulting at every stage with interested government departments and the public, (ii) evaluating submissions by proponents and reviewers, (iii) advising the Minister on potential environmental effects prior to decisions and (iv) monitoring approved undertakings to ensure compliance and effectiveness of mitigation.

FEES
Undertakings are subject to a fee structure in accordance with the current Cost Recovery Policy of the Department. The fee for registration is $200 plus HST (non-profit organizations are exempt). In addition, following registration, undertakings with an estimated capital cost greater than $15 million are subject to a schedule of fees (available from the Department) to offset the Department’s cost of conducting the assessment.

OFFENCES
A proponent who proceeds with an undertaking without proper authorization or otherwise contravenes the Act may be ordered by the Minister to stop work and may be fined by the Courts. A person found guilty of an offence under the Act is liable to a fine of not less than $1,000 and not more than $50,000. For a corporation, fines range from $5,000 to $1,000,000.

ENVIRONMENTAL ASSESSMENT PROCESS
STEP ONE: REGISTRATION AND REVIEW
An undertaking that is subject to the Act is required to be registered for examination with the Department. The registration outlines the proposed project and describes how it will effect the bio-physical and socio-economic environment. Proponents must demonstrate in the registration document how the best practicable technology and methods will be used to minimize harmful effects.
The proponent must submit 40 copies* (with fee) of the registration document. The Minister will announce in the EA Bulletin, within 7 days, the receipt of a registration. Copies of the registration are made available and the public has 35 days to submit written comments to the Minister. The registration will also be examined by all interested government departments. The EA Division coordinates the public and governmental review and prepares a recommendation to the Minister. The suggested registration format is shown in Appendix 1 of this Guide. Early registration may prevent costly delays and unnecessary expense.

STEP TWO: MINISTER'S DECISION
Within 45 days of receiving a registration, the Minister will advise the proponent of the decision on the undertaking. All decisions will be announced in the EA Bulletin within 10 days of notifying a proponent. There are four options for Ministerial decisions:
1. The undertaking may be released. The proponent may proceed as indicated in the registration, subject to any terms and conditions that the Minister may set, other Acts or regulations (federal, provincial or municipal). No permits, approvals or authorizations are to be issued or any associated physical activities are to proceed, until the project is released from the assessment process.An Environmental Preview Report (EPR) may be required. An EPR provides additional information not contained in the registration so that the Minister may judge whether a project may be released or if an Environmental Impact Statement (EIS) is necessary.
3. An Environmental Impact Statement (EIS) may be required. An EIS is ordered where significant negative environmental effects are indicated or where there is significant public concern about a proposal. This requires a comprehensive environmental review of a complete project description including alternatives, original research on the existing environment, identification and evaluation of potentially significant environmental effects, an evaluation of proposed mitigation measures to minimize harmful effects and monitoring programs.
4. The undertaking may be rejected. This may occur if an unacceptable environmental effect is indicated, is not in public interest, and/or if the proposal is inconsistent with an existing law or government policy. A decision to reject would be made by Cabinet.
STEP THREE: GOVERNMENT PREPARATION OF EPR/EIS GUIDELINES
Assessment Committee: When an EPR or EIS is ordered, the Minister will appoint an Assessment Committee, in accordance with section 5 of the Regulations. Committees are comprised of technical experts from both provincial and federal government departments with an interest in a given project. The committee is chaired by a staff person from the Environmental Assessment Division. The basic roles of committees include: (i) recommending EPR and EIS guidelines for issuance by the Minister, (ii) reviewing and evaluating the EPR and EIS documents submitted by the proponent, (iii) reviewing public submissions, (iv) providing advice to the Minister. Proponents are guided by the Committee during the course of preparing the guidelines and EPR and EIS documents.

EPR and EIS Guidelines: Guidelines are based on registration stage comments and meetings with the proponent, government agencies and public groups. The Assessment Committee will consult with the proponent during the course of preparing Guidelines. Guidelines will focus on the main unanswered questions in determining the significance of environmental effects. EPR Guidelines are issued by the Minister to the proponent within 60 days of the EPR decision and then made available to the public. EIS Guidelines are issued within 120 days of the EIS decision and are subject to a 40 day public review prior to approval by the Minister.
STEP FOUR: PROPONENT PREPARATION OF EPR/EIS
The EA Division will endeavour to facilitate the process for proponents at all stages.
Proponent prepares an Environmental Preview Report. An EPR will focus only on the main unanswered questions in the registration, based on EPR Guidelines. EPRs typically rely on existing information and no original fieldwork is required.
Proponent prepares an Environmental Impact Statement. An EIS will focus on key issues relating to the effects of the project on both the bio-physical and socio-economic environments, based on EIS Guidelines. Original research is often required on the existing environment and anticipated effects. The EIS is required to contain information as outlined in Section 57 and 58 of the Act.
One or more component studies may be required in the preparation of an EIS, in accordance with the Regulations. This is typically done when data is needed on existing valuable ecosystem components (such as caribou, fish or rare plants), which may be significantly affected by the project. Component studies, although part of the EIS, are distinct documents with separate Guidelines, public review and approval.
In the course of gathering data for an EIS, the proponent is required to implement a public information program for the area affected by the undertaking. Through such a program, local residents will be fully informed of the nature of the project and its effects on the environment, and copies of all reports on original studies undertaken for the EIS will be made available. The concerns of the public must be recorded and addressed in the EIS.

STEP FIVE: EPR/EIS REVIEW AND DECISION
The EPR approval process is contained in section 54 of the Act and section 7 of the Regulations including: receipt of the EPR, Ministerial announcement, public review and comment, EA Committee recommendation and Minister’s acceptance and decision.
The EIS approval process is defined in sections 57 to 67 of the Act and section 11 of the Regulations and includes the following steps: receipt of the EIS; Ministerial announcement; public review and comment; EA Committee recommendation and Minister’s acceptance; Ministerial recommendation to Cabinet; and Cabinet decision. If there is strong public interest or concern regarding an undertaking, the Minister may request Cabinet to appoint an environmental assessment board for the purpose of conducting public hearings.
Cabinet may reject any undertaking where (i) unacceptable impacts are identified, (ii) the undertaking is contrary to law or policy, (iii) where it is in the public interest to do so.
FEDERAL ENVIRONMENTAL ASSESSMENT PROCESS:
Undertakings that are subject to the Act are also reviewed by the Federal government in accordance with the Canadian Environmental Assessment Act (CEAA) in an effort to informally harmonize the provincial and federal review processes in an effective and timely manner.
The following consists of a series of questions designed to give proponents an idea of whether a federal authority is likely to require a federal environmental assessment of a project in Newfoundland and Labrador. The questions contained herein are for guidance purposes only, and should in no way be a substitute or replace the official version of the Canadian Environmental Assessment Act and Regulations.
If the answer to any one of the questions 1 to 4 is Yes, a federal environmental assessment would be required for the project.
1: Is a federal authority proposing or implementing the project?
2: Are any federal authorities providing financial assistance for the purpose of enabling the project to be carried out in whole or in part?
3: Are any federal authorities providing federal lands through a sale, lease or other disposal of an interest in federal land for the purpose of enabling the project to be carried out in whole or in part?
4: Will a federal authority have to exercise(s) a regulatory duty in relation to the project, such as issuing a permit, licence or approval that is covered under the Law List Regulations? (The legal text of the Canadian Environmental Assessment Act and Regulations can be found on the Canadian Environmental Assessment Agency’s web site at www.ceaa-acee.gc.ca)