The Regulatory Institute for Renewable Energy and the Environment (RERI) said Rio Tinto’s request to define the scope and content of an environmental impact assessment (EIA) for the “Jadar” project covers only part of the planned activities. RERI warned that limiting the assessment in this way could affect how potential environmental impacts are presented. The institute also said the company’s statements about implementing the project under “the highest European environmental protection standards” were contradicted from the outset by both Rio Tinto and Serbia’s Ministry of Environmental Protection.
RERI said the request submitted by Rio Tinto does not meet regulatory requirements. After Rio Tinto filed the request, the Ministry of Environmental Protection published a public review on September 17 concerning the scope and content of an EIA study for underground extraction of lithium and boron at the “Jadar” site. RERI said that this step is the first phase in the EIA process and that a resolution on the scope and content is needed for Rio Tinto to obtain approval for a mining field.
RERI says EIA scope request has deficiencies
RERI argued that the EIA request was not prepared in line with EIA regulations and includes multiple deficiencies. The institute said it believes conditions for conducting a public review were not met, and that the request should have been returned to Rio Tinto for revision. RERI also said it is publishing its opinions and comments submitted to the Ministry of Environmental Protection in full.
One key issue raised by RERI concerns what it described as “salami slicing,” a method that divides a project into smaller parts to avoid a comprehensive EIA covering the entire undertaking. Mirko Popović, RERI’s program director, said Rio Tinto submitted a request treating extraction of lithium and boron from an underground mine as only part of the broader “Jadar” project planned for the location rather than a standalone project.
Ore processing impacts not described in request
RERI said the request does not describe environmental impacts related to ore processing. According to RERI, the absence of such information leaves unclear what reagents would be used and what types of waste and wastewater would be generated, including how they would be managed. RERI also said it is not specified how water supply for the mine would be handled using alluvial deposits of the Drina River.
RERI further stated that disposal of sludge from production of lithium carbonate, boric acid, and sodium sulfate is not addressed, despite potential negative environmental impacts. The institute said that as a result, environmental impacts associated with those projects and activities are not presented in the request.
Salami slicing linked to permitting approach
Popović said salami slicing can be used to facilitate approval procedures. He explained that investors may split projects to reduce costs and speed up acquisition of construction and mining permits. Popović added that if negative environmental impacts are not assessed comprehensively, measures proposed in an EIA study may be inadequate, potentially affecting environmental protection and health outcomes.
RERI also said dividing “Jadar” contradicts conditions set by Serbia’s Nature Protection Institute. It cited a requirement that obliges companies to initiate decision-making on whether an EIA is necessary for the entire main mining project covering all phases of ore exploitation and processing. Jovan Rajić, founder of RERI, said this approach reduces the likelihood that competent authorities would decide a project cannot proceed or cannot proceed at stated capacities.
RERI cites upcoming law changes on project division
RERI said upcoming legislation explicitly prohibits salami slicing. The institute also argued that statements about carrying out the project according to “the highest European environmental standards” were contradicted from the outset. Rajić said Rio Tinto submitted its request under Serbia’s current Law on Environmental Impact Assessment despite a new law proposal expected to be passed in coming days.
Rajić said he expects the new law proposal to increase accountability for project holders, explicitly prohibit dividing projects, and provide greater public involvement in decision-making. He added that if Rio Tinto intended to apply higher environmental protection standards, RERI said it would have waited for adoption of the new Law on Environmental Impact Assessment.
RERI links concerns to rule-of-law issues and opposition
RERI described project division as only one deficiency among others in Rio Tinto’s submission regarding EIA scope and content. The institute reiterated its position that irregularities observed in the EIA process support its view that implementation could jeopardize human rights and environmental protection. RERI also pointed to repression against citizens, environmental activists, and civil society organizations that expressed disagreement with the “Jadar” project through lawful channels.