329 / 521
authorized establishments/institutions and the project owner in order
to inform the public and receive their opinions and suggestions on the
project at a central place and time determined by the Governorate,
over which the public who will be most affected by the project may eas-
ily attend.
” Therefore, the new Regulation states that the meeting shall
be held in a place that has the most ease for the public to attend.
The first paragraph of Art. 10, titled “Scope and Special Format
Determination by the Commission,” which is established by the
Ministry for the purposes of determining the Special Format for the
project and examining the EIA Report to be drafted, stipulates that as
regards the EIA Report Special Format prepared by the Ministry, opin-
ions and suggestions of Commission member establishment and insti-
tutions, as well as the general public, shall be taken into consideration.
If the EIA report is not paid for, nor presented by the institution to the
Ministry within the prescribed time, the EIA process shall terminate,
rather than the EIA application is being deemed null and void.
Likewise, Art.12 stipulates that if the adjustments made to the EIA
Report are considered unsatisfactory, instead of the EIA application
being nullified, the EIA process shall be terminated. Art. 14 titled
“Environmental Impact Assessment Positive or Environmental Impact
Assessment Negative Decision,” states that the EIA process shall be
terminated instead of the EIA application being deemed null and void,
unless the Final EIA Report, the undertaking letter indicating “the
Final EIA Report and its annexes are undertaken,” as well as the nota-
rized signatory circular are presented to the Ministry within five work-
ing days. Similarly, the regulation concerning “Application and
Examination” sets forth that rather than the EIA application being nul-
lified, the EIA process shall be terminated if the information and doc-
uments within the scope of the file bear insufficiencies, and such insuf-
ficiencies are not fulfilled within the prescribed time period.
With respect to the new Regulation introduced by Art. 15 titled,
“Projects Subject to Selection and Elimination Criteria,” the projects as
indicated in the Annex-2 list, in the event a capacity increase and/or
expansion in relation to the projects falling out of the scope is planned,
and whose new capacities are indicated as the sum of the existing pro-
ject capacity, together with the total of the increased capacity as listed
in Annex-2, are subject to the selection and elimination criteria.
ENERGY LAW
313