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
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 Volta River Authority Accra, Ghana 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; 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
The Legal and Regulatory Framework for EIA in some ECOWAS countries Benin Existing Legislation: 1) Constitution, December 11, 1990. A rticle 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 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 No evaluation Project Proposal required PHASE I II Project registration Handing over of guides Elaboration of terms of reference Approval of terms of reference Project implementation Environmental Impact Assessment PHASE (EIA) II IIII Appointment of Public Hearing Commission Yes Presentation of the Study and authorisation request Public Hearing request accepted or Public Hearing Ministerial decision No Publication of the EIA Report Public Hearing Report PHASE III PHASE IV Notice of non-compliance In case of in-depth EIA examination by an ad hoc working group Environmental analysis Additional studies In case of simplified EIA technical opinion of Environmental Unit BEA’s technical recommendation Volta River Authority of the department involved Accra, Ghana
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