Presentation Plan Background Information on EIA (Definition, - - PDF document

Volta River Authority Accra, Ghana

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

Volta River Authority Accra, Ghana

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

Volta River Authority Accra, Ghana

• 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

Background Information on EIAs

Volta River Authority Accra, Ghana

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
• f projects in parallel with analyses of their technical and

economic feasibility;

Purpose and Objectives of the EIA Process

Volta River Authority Accra, Ghana

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 decision-

making process

Volta River Authority Accra, Ghana

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 de- commissioning phases of projects.

Volta River Authority Accra, Ghana

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).

Volta River Authority Accra, Ghana

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.

Volta River Authority Accra, Ghana

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

• f 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

Volta River Authority Accra, Ghana

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

Volta River Authority Accra, Ghana

The Legal and Regulatory Framework for EIA in some ECOWAS countries(contd.)

Ghana

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.

Volta River Authority Accra, Ghana

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

Volta River Authority Accra, Ghana

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

Volta River Authority Accra, Ghana

CASE STUDIES: THE EIA PROCESS IN SOME SELECTED ECOWAS MEMBER STATES

• Benin
• Côte d’Ivoire
• The Gambia
• Ghana
• Nigeria

Volta River Authority Accra, Ghana

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

Volta River Authority Accra, Ghana

Administrative Flow of the EIA Process in Benin

Project registration Handing over of guides Elaboration of terms of reference Approval of terms of reference Environmental Impact Assessment (EIA) Appointment of Public Hearing Commission Public Hearing Public Hearing request accepted or Ministerial decision Public Hearing Report Publication of the EIA Report Notice of non-compliance Environmental analysis In case of in-depth EIA examination by an ad hoc working group In case of simplified EIA technical

• pinion of Environmental Unit
• f the department involved

BEA’s technical recommendation No evaluation required Project Proposal Project implementation Additional studies Presentation of the Study and authorisation request

PHASE I II PHASE II IIII PHASE III PHASE IV

Yes No

Volta River Authority Accra, Ghana

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.

Volta River Authority Accra, Ghana

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:

Volta River Authority Accra, Ghana

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 Tax payment to the Environmental fund (Phase 8) Tax calculated as a charge for report evaluation EIA study approval by the Minister of Environment (Phase 7) Study report acceptance, Environmental conformity certificate Terms of reference for the Environmental Management Plan Environmental protection control measures (Phase 9) Control and Enforcement of the adequate application of the study recommendations Evaluation by the inter-ministerial committee or environmental Bureau (BEIE) (Phase 6) Comments observations and recommendations on the study If EIA Study report rejected, then revert to Phase 1

Volta River Authority Accra, Ghana

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.

Volta River Authority Accra, Ghana

Submission of EIA screening form Draft Environmental Impact Statement Submitted Environmental Impact Study Conditions Incorporated and Environmental Impact Statement Finalized Implementation Screening Scoping TOR Review of Draft Environment Impact Statement Decision Making Public Hearing Full EIA required (Class A) Environmental Approval Granted SCOPING PHASE 20 WORKING DAYS STUDY PHASE DETERMINED BY DEVELOPER REVIEW PHASE 30 WORKING DAYS DECISION MAKING 15 WORKING DAYS LEGEND Denial of Environmental Approval Maximum time Frame for Administrative Process SCREENING PHASE 20 WORKING DAYS Environmental Approval Granted (Class B and Class C)

Volta River Authority Accra, Ghana

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

Volta River Authority Accra, Ghana

Submission

• f Project EIA

SCREENING Draft EIA

revie w

Public Hearing EPA decision

EIS revisio n

Submission

• f Draft EIA

EIA SCOPING/ TOR

INSPECTION

PER review Revision Required PH Required Revision Required Approval Recommended 25 working days 50 working days

PER required EP Issued EP Declined

Volta River Authority Accra, Ghana

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

• n 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:

Volta River Authority Accra, Ghana

PROPONENT FEASIBILITY STUDY OR PROJECT PROPOSAL EIA SECRETARY INITIAL ENVIRONMENTAL EVALUATION EXCLUDED PROJECTS CLASSIFIED PROJECTS OTHERS MANDATORY PROJECTS PRELIMINARY ASSESSMENT SCREENING SCOPING NO EIA REQUIRED DRAFT EIA REPORT MEDIATION PUBLIC HEARING REVIEW PANEL REVIEW REPORT PROPONENT FINAL EIA REPORT TECHNICAL COMMITTEE (Decision making committee) ENVIRONMENT IMPACT STATEMENT (EIS) AND CERTIFICATION PROJECT IMPLEMENTATION ENVIRONMENT IMPACT MONITORING Approved Not approved

Volta River Authority Accra, Ghana

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.

Volta River Authority Accra, Ghana

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.

Volta River Authority Accra, Ghana

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.

Volta River Authority Accra, Ghana

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.

Volta River Authority Accra, Ghana

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).

Volta River Authority Accra, Ghana

• 5. Proposed Steps in a simplified EIA process
• Phase I

Registration of Project

• Phase II

Project Screening

• Phase III

Scoping/EIA Terms of Reference

• Phase IV

EIA study and preparation of EIS

• Phase V

Review of draft EIS

• Phase VI

Finalisation of EIS

• Phase VII

Approval of EIS/Issue of Permit

Volta River Authority Accra, Ghana

• 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

Volta River Authority Accra, Ghana

BARRIER/PROPOSED MITIGATION TABLE Placing the EIA administrative process in the hands of Technical Review Committees Multiple permitting and auditing authorities 5 Reducing the EIA review time schedule Different time schedules with regard to the review and acceptance of EIS 4 Placing the EIA administrative process in the hands of Technical Review Committees Dealing with different EIS review authorities (mixture of political and technical authorities). 3 Proposed Steps in a simplified EIA process Proposed Minimum Requirement in an EIA Study (EIS) Packaging the content of EIA documentation to meet requirements in each country 2 Creation of Environmental Desk at ECOWAS Development of Common ECOWAS EIA Guidelines Different EIA procedures in each country 1 PROPOSED MITIGATION BARRIER

Volta River Authority Accra, Ghana

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.

Volta River Authority Accra, Ghana

THANK YOU