Exploring the contribution of EIA follow-up governance to EIA effectiveness : a case study of Malta

Abstract

EIA follow-up governance incorporates all the processes, mechanisms and arrangements required to enable the implementation of EIA follow-up. Governance, together with monitoring, evaluation, management and participation (i.e., engagement and communication), are the follow-up elements essential for understanding the outcomes of development projects which are subject to EIA. Noting how regrettably, EIA follow-up is overlooked in terms of implementation, this research aims to (i) identify best practice principles and criteria for effective EIA follow-up governance, and (ii) understand what would constitute effective EIA follow-up governance at the macro (jurisdiction) level, while utilising EIA in Malta as a case study. A thorough literature review of EIA follow-up, particularly governance, and EIA effectiveness led to the derivation of a set of 10 best practice principles for effective EIA follow-up governance. The principles are related to: (1) legislative provisions, (2) identification of responsibilities, (3) compliance and enforcement, (4) EIA follow-up outcomes, (5) performance criteria, (6) understanding the purpose and importance of EIA follow-up, (7) adequate resource allocation, (8) efficient and effective governance arrangements, (9) transparency and accessibility, and (10) legitimacy. Together with a set of detailed accompanying criteria, these 10 principles provide a framework that can be applied to evaluate any EIA follow-up system at the macro level. The principles were tested against data collected through a multi-method qualitative research approach, i.e., through documentary analysis, utilising information from Maltese development consent decisions (5 detailed project-level case studies), elite interviews with decision-makers (3), a focus group discussion with stakeholders (1 discussion) and a policy Delphi (2 rounds with 12 and 10 stakeholders respectively) involving the same stakeholders. With a pragmatist philosophical view underpinning the research through its practice-oriented perspective, a case study approach was utilised to guide the evaluation of the performance of EIA follow-up governance in Malta. The results were presented in evaluation tables, providing a visual representation (through a traffic-light system) of the performance of EIA follow-up governance. The framework provided a focused assessment of EIA follow-up governance in Malta. The application of the principles proved to be relatively easy and offered clear feedback. It is evident, however, that the lack of information available on EIA follow-up, particularly on governance, may hinder a robust judgement of its performance. The best practice principles and related criteria highlighted its current state of play, but also identified deficiencies that would warrant improvements towards their effectiveness. The principles and criteria are designed to enable any interested party to evaluate any jurisdiction worldwide implementing EIA follow-up, to provide guidance and enable best practice, rather than acting as a compliance check-box tool.