RATIONALISING THE ENVIRONMENTAL IMPACT ASSESSMENT PROCEDURES IN ECOWAS MEMBER COUNTRIES: AN ESSENTIAL INGREDIENT IN PROMOTING REGIONAL INTEGRATION THROUGH ESTABLISHMENT OF POWER POOLS AND INTERCONNECTIONS IN THE WEST AFRICAN SUBREGION J. W. Sutherland, K. O. Agadzi and Emmanuel M. K. Amekor Environment and Sustainable Development Department, VRA Presentation Plan Background Information on EIA (Definition, Objectives, Stakeholders, and their roles) Legal and Regulatory Framework for EIA in ECOWAS countries Case Studies of EIA process in five(5) selected ECOWAS member states: Benin,Coted Ivoire, the Gambia, Ghana and Nigeria Barriers to overcome in the EIA processes Proposals for harmonised EIA procedures and EIS content Conclusions
Background Information on EIAs The Environmental Impact Assessment (EIA) as a Process, a Policy, and a Development tool. Definition: EIA is a systematic process used to identify, predict and assess potential impacts of proposed projects, programmes, plans or legislative actions on the physical, chemical, biological, cultural and socio-economic components of the environment Purpose and Objectives of the EIA Process Purpose The primary purpose of the EIA process is to ensure that environmental concerns are incorporated into project planning, design and decision-making Objectives Integrate environmental considerations in planning of development activities Ensure that economic development projects meet legal requirements related to environmental protection; Carry out environmental and social impact assessment studies of projects in parallel with analyses of their technical and economic feasibility;
Purpose and Objectives of the EIA Process (contd.) 4. Ensure that decision makers are provided with information about a project's environmental costs and benefits in addition to its technical and economic viability at key decision points during the project preparation and implementation; 5. Ensure that provisions are made to avoid or mitigate unwanted negative impacts at an early stage in the planning process; 6. Assist decision makers in evaluating possible negative impacts on social, historical and cultural heritage; 7. Ensure participation of all stakeholders in the decisionmaking process Purpose and Objectives of the EIA Process (contd.) 8. Ensure that all the affected and interested groups (communities; government agencies, NGOs, public, project developers and development partners etc) are informed about the project and its impact on the environment able to make contribution to project development. 9. Set up a system for environmental monitoring of projects subject to EIA during commissioning, operation and decommissioning phases of projects.
Major Stakeholders in the EIA Process Project developer/proponent; Environmental Regulatory Institution; Project Affected Persons (PAPs) made up of individuals, groups, and communities likely to be affected by the project; Government Agencies; (district/municipal assemblies) Pressure Groups (NGOs and other interest groups); and Others, (such as development partners, academics etc). The Legal and Regulatory Framework for EIA in ECOWAS countries The Legal and Regulatory Framework for EIA administration within the ECOWAS region varies from country to country While some countries have in place very elaborate and comprehensive legal and regulatory framework, others such as Guinea Bissau have no such arrangements. To date, there exist no administrative or regulatory procedures for EIAs in Guinea Bissau. The situation in Liberia is not known due to difficulties in obtaining information.
The Legal and Regulatory Framework for EIA in some ECOWAS countries Benin Existing Legislation: 1) Constitution, December 11, 1990. Article 27 2) Law on Environment (Loi-cadre sur l environnement), 1999 3) Several Regulatory Decrees between February and August 2001 Institutioal Arrangement: In 1974, the country created the first organizations responsible for development of environmental protection activities. 1) Decree 92-17 of January 28, 1992, created a Ministry of Environment, Habitat and Urbanism 2) December 1992 an Environmental Action Plan - EAP (Plan d Action Environmental - PAE) was prepared. 3) The Benin Environmental Agency - BEA (l Agence béninoise pour l environnement - ABE) created in February 1995. 4) In 2001, Environmental Unit (Cellule environnementale). created in different ministries to assure interface with the BEA The Legal and Regulatory Framework for EIA in some ECOWAS countries(contd.) Côte d Ivoire Existing Legislation National Environmental Code (Code de l environnement) by Law N 96-766 dated 3 October 1996 Decree N 96-894 dated 8 November 1996. Determining rules and procedures for EIA studies. Institutional Arrangement Ministry of Environment (Ministère d Etat, Ministère de l Environnement) Bureau of Environmental Impact Studies (Bureau d Etude d Impact Environnemental - BEIE) within the Ministry of Environment. National Environmental Action Plan NEAP (le Plan National d Action Environnemental - PNAE) was prepared in 1992
Ghana The Legal and Regulatory Framework for EIA in some ECOWAS countries(contd.) Existing Legislation Environmental Protection Agency Bill in 1994, EPA Act (Act 490). Environmental Impact Assessment Procedures (1995) - EIA procedures Environmental Assessment Regulations 1999 (LI 1652) February 1999 Institutional Arrangement In 1974, the Environmental Protection Council (EPC), was created by Environmental Protection Council Decree (NRCD 239) and became the first governing body in Ghana to focus on issues of environmental management. The Ministry of Environment and Science was created in 1993 Environmental Protection Agency (EPA) came into existence in 1994. The Legal and Regulatory Framework for EIA in some ECOWAS countries(contd.) Guinea-Bissau Existing Legislation There exist certain laws regulating use of natural resources as land, water, forests and protected areas. The legal and regulatory framework for protection of environment remains to be developed. A code for environment and a guide for EIAs is envisaged but not yet implemented. Institutional Arrangement Environmental issues are managed by the Directorate General for Environment of the State Secretariat in charge of Natural Resources, Energy, Industry and Environment. To date, there exist no administrative or regulatory procedures for EIAs
The Legal and Regulatory Framework for EIA in some ECOWAS countries(contd.) Sierra Leone Existing Legislation Environmental Protection Act adopted in 2000 Institutional Arrangement Ministry of Lands, Country Planning and the Environment Department of the Environment within the Ministry A National Environmental Protection Board CASE STUDIES: THE EIA PROCESS IN SOME SELECTED ECOWAS MEMBER STATES Benin Côte d Ivoire The Gambia Ghana Nigeria
Benin The EIA review process in Benin comprises six phases broadly defined as follows (detailed steps in each phase are presented in the chart below:. Phase 1: Project registration and development of terms of reference for the EIA studies Phase 2: Preparation and presentation of the Environmental Impact Statement for authorisation Phase 3: Public Disclosure procedures including Public Hearing if necessary Phase 4: EIS review procedures Phase 5: Ministerial approval procedures Phase 6: Follow up ie post EIA activities Administrative Flow of the EIA Process in Benin Project Proposal No evaluation required PHASE I II Project registration Handing over of guides Elaboration of terms of reference Approval of terms of reference PHASE II IIII Environmental Impact Assessment (EIA) Presentation of the Study and authorisation request Project implementation Appointment of Public Hearing Commission Yes Public Hearing request accepted or Ministerial decision Public Hearing PHASE III Publication of the EIA Report No Public Hearing Report PHASE IV In case of in-depth EIA examination by an ad hoc working group Notice of non-compliance Environmental analysis Additional studies In case of simplified EIA technical opinion of Environmental Unit of the department involved BEA s technical recommendation
Côte d Ivoire The procedure for the review of the EIA study or statement report comprises nine phases: Phase 1: Preparation of EIA Report by project developer or his Consultant Phase 2: Submission of three (3) copies of the report to the Ministry of Environment Phase 3: Evaluation of EIA Report by an inter-ministerial committee or environmental Bureau (BEIE). Phase 4: A Project Site visit undertaken and report presented to the committee and public Phase 5: Public Hearing. Carried out under the supervision of an enquiry commissioner. Phase 6: The committee/beie presents comments, observations, and recommendations on the EIA Study. Côte d Ivoire(contd.) Phase 7: Approval: If the EIA study report is approved by the Minister of Environment, an Environmental conformity certificate is issued. The project developer develops a TOR for the Environmental Management Plan In the event of a rejection of the report, the proponent starts the process again from Phase 1. Phase 8: Tax payment to the Environmental fund; the tax is calculated as a charge for report evaluation Phase 9: Environmental protection control measures. Control and Enforcement of the EIS study recommendations The procedure is graphically represented in Figure below:
EIA Report (Phase 1) Report elaborated by project promoter and/or his consultant Receipt of report by the Ministry of Environment (Phase 2) Three (3) copies of the report submitted and receipted upon delivery Evaluation by the inter-ministerial committee or environmental Bureau (BEIE) (Experts identified in administrative services and private sector) (Phase 3) A number of evaluation meetings held The project promoter and the Bureau are invited to the first meeting to present the study and the project Project Site Visit (Phase 4) Study of the project site to report to the inter-ministerial committee and the public Public Hearing (Phase 5) Submission of the study to public for observations and comments under the supervision of the enquiry commissioner Evaluation by the inter-ministerial committee or environmental Bureau (BEIE) (Phase 6) Comments observations and recommendations on the study EIA study approval by the Minister of Environment (Phase 7) Study report acceptance, Environmental conformity certificate Terms of reference for the Environmental Management Plan If EIA Study report rejected, then revert to Phase 1 Tax payment to the Environmental fund (Phase 8) Tax calculated as a charge for report evaluation Environmental protection control measures (Phase 9) Control and Enforcement of the adequate application of the study recommendations The Gambia In the Gambia, the EIA process could be classified into seven distinct phases summarised as: Phase 1: Project Development and Public Notification Phase 2: Screening after the completion of a Screening Form Phase 3: Scoping to determine areas of emphasis in the EIA Phase 4: Development of Terms of reference Phase 5: The EIA study and preparation of EIS Phase 6: EIS review and approval Phase 7: Project implementation and Environmental Audit of EIA conditions.
Submission of EIA screening form Maximum time Frame for Administrative Process Screening Environmental Approval Granted (Class B and Class C) Full EIA required (Class A) SCREENING PHASE 20 WORKING DAYS Scoping TOR SCOPING PHASE 20 WORKING DAYS Environmental Impact Study STUDY PHASE DETERMINED BY DEVELOPER Draft Environmental Impact Statement Submitted REVIEW PHASE 30 WORKING DAYS Denial of Environmental Approval Review of Draft Environment Impact Statement Decision Making Public Hearing Conditions Incorporated and Environmental Impact Statement Finalized DECISION MAKING 15 WORKING DAYS Environmental Approval Granted LEGEND Implementation Ghana The EIA process in Ghana can be classified into six major phases Phase 1: Registration of project with EPA through filling of appropriate forms Phase 2: Screening to determine type of impact assessment needed Phase 3: Scoping and development of TOR for EIA study Phase 4: EIA Study Phase 5: Technical review of EIS documents including Public disclosure and Public Hearing if necessary. Phase 6: EPA approval and issue of permit
Submission of Project EIA SCREENING 25 working days INSPECTION EP Declined PER required EP Issued PER review SCOPING/ TOR EIA 50 working days Submission of Draft EIA PH Revision Required EIS revisio n Required Draft EIA revie w Public Hearing Approval Revision Recommended Required EPA decision Nigeria The EIA process in Nigeria can be broadly classified into seven major phases : Phase 1: Feasibility Study and submission of Project Proposal Phase 2: Initial Environmental Evaluation Phase 3: Screening Phase 4: Presentation of Draft EIA Report Phase 5: Review Panel Phase 6: Technical Committee (Decision-making Committee on Final EIS) Phase 7: Acceptance of EIS and Certification The procedure establishes the sequence of actions for the EIA process, details of which are illustrated in figure below:
PROPONENT FEASIBILITY STUDY OR PROJECT PROPOSAL EIA SECRETARY INITIAL ENVIRONMENTAL EVALUATION MANDATORY OTHERS CLASSIFIED PROJECTS EXCLUDED PROJECTS PROJECTS SCREENING PRELIMINARY ASSESSMENT SCOPING NO EIA REQUIRED DRAFT EIA REPORT PUBLIC HEARING REVIEW PANEL MEDIATION REVIEW REPORT PROPONENT FINAL EIA REPORT Not approved TECHNICAL COMMITTEE (Decision making committee) Approved ENVIRONMENT IMPACT STATEMENT (EIS) AND CERTIFICATION ENVIRONMENT IMPACT MONITORING PROJECT IMPLEMENTATION BARRIERS TO OVERCOME IN EIA REVIEW AND ADMINISTRATIVE PROCESSES Barrier of different EIA procedures in each country; Barrier of packaging the content of EIA documentation to meet the policy requirements in each member country; Barrier of dealing with different EIS review authorities (which sometimes is a mixture of both political and technical authorities as is the case in Benin and Nigeria); Barrier of different time schedules with regard to the review and acceptance of EIS; Barrier of multiple permitting and auditing authorities.
PROPOSALS FOR A HARMONISED EIA ADMINISTRATIVE PROCEDURE Development of Common ECOWAS EIA Guidelines In order to have all EIA studies adjudged without bias to the host countries and the varying procedures existing in each country, it is proposed that the ECOWAS Secretariat should develop common EIA guidelines for the assessment of all projects in the ECOWAS region. These guidelines should cover all the various sectors in which EIA is required. Proposals (contd.) 2. Creation of Environmental Desk at ECOWAS It is also proposed that an Environmental desk should be created at the ECOWAS Secretariat which would be responsible for ensuring that environmental safeguards are complied with in all member countries in respect of multinational projects spanning various countries.
Proposals (contd.) 3. Placing the EIA administrative process in the hands of Technical Review Committees In view of the fact that the EIA study is a multi-sectoral and multidisciplinary activity carried out by technical experts such as Environmentalists, Engineers, Surveyors, Sociologists, Chemists, Biologists, etc, it is proposed that each ECOWAS member state should set up an EIA technical team of experts which would take each project proposal from the inception/registration to approval stage. This would ensure that the EIA process is not delayed by the bureaucracy often associated with political authorisation. Proposals (contd.) 4. Reducing the EIA review time schedule In the case studies above, while some countries put a limit of 90 days on the entire review period, others stipulate 90 working days while others range a maximum of 120 days. In view of the fact that other engineering, design and construction decisions are based on the approval of the EIA for implementation, it is proposed that the review committee should be made to work within a maximum period of 90 days (ie 3 months).
5. Proposed Steps in a simplified EIA process Phase I Phase II Phase III Phase IV Phase V Phase VI Phase VII Registration of Project Project Screening Scoping/EIA Terms of Reference EIA study and preparation of EIS Review of draft EIS Finalisation of EIS Approval of EIS/Issue of Permit 6. Proposed Minimum Requirement for EIS content Project Description Description of existing baseline conditions at the project site (physical, biological and socio-cultural environment) Identification of significant environmental impacts Proposed mitigation measures Analysis of Alternatives (Technology, Methods, Procedures, Materials etc) Impact Mitigation Plan (including estimated costs) Environmental Monitoring Plan Evidence of public consultation especially with project affected groups, communities and individuals in the project area, as well as other interested parties and NGOs should be included in the EIS
BARRIER/PROPOSED MITIGATION TABLE 1 2 3 4 5 BARRIER Different EIA procedures in each country Packaging the content of EIA documentation to meet requirements in each country Dealing with different EIS review authorities (mixture of political and technical authorities). Different time schedules with regard to the review and acceptance of EIS Multiple permitting and auditing authorities PROPOSED MITIGATION Creation of Environmental Desk at ECOWAS Development of Common ECOWAS EIA Guidelines Proposed Steps in a simplified EIA process Proposed Minimum Requirement in an EIA Study (EIS) Placing the EIA administrative process in the hands of Technical Review Committees Reducing the EIA review time schedule Placing the EIA administrative process in the hands of Technical Review Committees CONCLUSION It is hoped that the implementation of these proposals will go a long way in contributing to the process of harmonising and simplifying the EIA process in ECOWAS member states as opposed to the varied approaches, procedures, authorities and time schedules presently existing.
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