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Concerns raised over Rio Tinto’s Jadar project EIA request: Environmental standards at risk?

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Rio Tinto’s request to determine the scope and content of the environmental impact assessment (EIA) study only covers a portion of the “Jadar” project, which raises concerns about the potential environmental impacts being downplayed, warns the Regulatory Institute for Renewable Energy and the Environment (RERI).

The RERI commented that the company’s announcements about the project being realized according to the highest European environmental protection standards have been contradicted from the outset by both the company and the Ministry of Environmental Protection.

The request submitted by Rio Tinto does not comply with regulations, claims RERI. Following the company’s request, the Ministry of Environmental Protection published a public review on September 17 regarding the scope and content of the EIA study for the underground extraction of lithium and boron at the “Jadar” site. This request represents the first step in the EIA process, according to RERI, and the resolution on the scope and content of the document is necessary for Rio Tinto to obtain approval for the mining field.

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However, the request was not prepared in accordance with EIA regulations and contains numerous deficiencies, leading RERI to believe that the conditions for public review were not met, and the request should have been returned to Rio Tinto for revision.

One of the most serious shortcomings of the request is the use of the “salami slicing” method, which involves artificially dividing the project into smaller parts to avoid a comprehensive EIA for the entire project. “Rio Tinto submitted a request stating that the project pertains only to the extraction of lithium and boron from an underground mine, which does not constitute a standalone project but merely a part of the ‘Jadar’ project planned for the location,” explained Mirko Popović, RERI’s program director.

The request fails to show the environmental impact of ore processing. According to RERI, the request lacks a description of the impact of ore processing on the environment. “The absence of a description of ore processing means it is unclear what types of reagents will be used, what types of waste and wastewater will be generated, and how they will be managed. It is also unknown how the mine will be supplied with water from the alluvial deposits of the Drina River. The disposal of sludge from lithium carbonate, boric acid, and sodium sulfate production, which could have significant negative environmental impacts, is not addressed either. Consequently, the environmental impacts of these projects and activities are not presented,” RERI commented.

Salami slicing is used to facilitate the approval process. Popović explained that investors often split projects for various benefits, including cost reduction and expedited acquisition of construction and mining permits. “If the negative environmental impacts are not comprehensively assessed, the measures prescribed in the study may be inadequate, leading to lower costs for the investor in terms of environmental protection and health,” he added.

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RERI believes that Rio Tinto’s division of the project also contradicts the conditions set by the Nature Protection Institute, which stipulates that the type of work obliges the company to initiate the decision-making process on the necessity of an EIA for the entire main mining project covering all phases of ore exploitation and processing.

“The likelihood that the competent authorities will decide that the project cannot be implemented, or at least not at those capacities, significantly decreases, allowing the investor to begin project implementation without fully assessing the environmental impacts,” emphasized Jovan Rajić, founder of RERI.

Upcoming legislation explicitly prohibits salami slicing. The announcements that the project will be executed according to “the highest European environmental standards” have been contradicted from the outset, RERI asserts. “What is particularly concerning and raises questions about Rio Tinto’s intentions is the fact that the company ‘rushed’ to submit the request under the current Law on Environmental Impact Assessment, despite a new law proposal that ensures a higher level of accountability for project holders, explicitly prohibiting project division and providing greater public involvement in decision-making, which is expected to be passed in the coming days,” Rajić added.

If the company genuinely aimed to proceed with higher environmental protection standards, it would have waited for the adoption of the new Law on Environmental Impact Assessment, according to RERI.

Salami slicing is just one part of the problem. The division of the project represents only one of the deficiencies in the request. RERI is publishing its opinions and comments submitted to the Ministry of Environmental Protection in full.

RERI reminds that due to the concerning state of the rule of law in Serbia, the Jadar project cannot be realized without jeopardizing human rights and the environment, which is corroborated by the irregularities observed in the EIA process, as well as repression against citizens, environmental activists, and civil society organizations that have lawfully expressed their disagreement with the project.

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