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1 ENVIRONMENTAL COMPLIANCE IN UGANDA-A REGULATORY PERSPECTIVE/ENVIRONMENTAL IMPACT ASSESSMENT (EIA) PROCESS IN UGANDA PRESENTED AT A TRAINING WORKSHOP FOR USAID/UGANDA STAFF FROM 9 TH TO 12 TH SEPTEMBER, 2014, KAMPALA, UGANDA. PRESENTED BY ALEX K. WINYI ENVIRONMENTAL IMPACT ASSESSMENT OFFICER 1
2 Outline of the Presentation General introduction Introduction to the EIA tool Description of the General EIA Process Projects subjected to EIA Benefits of the EIA tool Challenges of EIA in Environmental Compliance Conclusion 2
3 Environment and Natural Resources Management Environment and Natural Resources are crosscutting sectors, key in Poverty Reduction The natural resources provide sources of livelihood and means to overcome poverty for the majority of the population. Uganda s economy relies heavily on natural resources Government discovered Oil resources (stock resources) 3
4 Specific Policy Objectives Enhance health and quality of life of all Ugandans and promote long-term, sustainable economic development; Integrate environmental concerns in all development oriented policies, planning and activities at all levels; Conserve, preserve and restore ecosystems and maintain ecological processes and life support systems; Optimise resource use and achieve a sustainable level of resource consumption; Raise public awareness; and Ensure individual and community participation in environmental improvement activities. 4
5 Environmental Management NEMA Monitoring Supervision Coordination Regulation Districts and Lead Agencies Communities Key users of ENRs Key stakeholders in Mgt 5
6 Environmental Management Tools Precautionary Principle Implementation Tools Environmental Planning Environmental Monitoring and Impact Assessment/SEA Environmental Audit Environment Standard Setting and Licensing Public Awareness and Participation Environmental Easements The Use of Economic and Social Incentives Polluter pays principle 6
7 Two Principles KEY ENVIRONMENTAL TOOLS Precautionary Principle EIA Definitions Environment Impact Assessment Mitigation Env Audit Polluter Pays Principle Env. Inspections and Compliance Monitoring ENV TAL IMPACT ASSESSMENT - EIA 7
8 (1.0) Introduction to the EIA tool l Tool to help predict environmental impacts of proposed developments-both positive and negative l To promote good routine environmental management practices l In Uganda, the tools mainly being used include Environmental Impact Assessments, Environmental Audits and Strategic Environmental Assessment 8
9 l Environment - broadly interpreted: l Physical: soil & water resources, air quality; l Biological: fauna, flora, ecosystems; l Social: culture, religion, and local values; 9
10 Defn of Impact(s) Impact Deviation from a baseline situation l Assessment The process of identifying likely impacts from an activity or project, quantifying them, and judging their significance 10
11 Thus EIA is. l A formal process of identifying; l the likely impacts of proposed activities or projects on the environment and on human health and welfare; l Means and measures to mitigate (avoid/reduce/restore/remediate/ compensate) and monitor these impacts; 11
12 (2) Description of the EIA Process in Uganda NEMA was established under the National Environment Act Cap. 153 of the laws of Uganda, and is mandated, among its functions; to review and approve environmental impact assessments and environmental impact statements submitted in accordance with the act or any other law. This is in line with the principle of environmental management which requires prior environmental assessments of proposed projects which may significantly affect the environment or use of natural resources. 12
13 The basic procedure includes : (1)Screening-includes the first screening, an Environment Impact Review, and the last screening is done to determine whether the proposed project is among those listed in the 3 rd Schedule of National Environment Act Cap 153, for which EIA has to be undertaken. (2) Environmental Impact Study-The developer is responsible for carrying out EIA and meeting all the costs involved. 13
14 The basic procedure includes : (1) Screening-includes the first screening, an Environment Impact Review, and the last screening is done to determine whether the proposed project is among those listed in the 3 rd Schedule of National Environment Act Cap 153, for which EIA has to be undertaken. (2) Environmental Impact Study-The developer is responsible for carrying out EIA and meeting all the costs involved. 14
15 SCREEN1 WHETHER PROJECT IS EXEMPT FROM EIA NATIONAL ENVIRONMENT SUBMISSION OF PROJECT BRIEF TO NEMA & TO LEAD AGENCY SCREEN 2 WHETHER PROJECT REQUIRES MANDATORY EIA l SCREEN 3 l WHETHER ADEQUATE l MITIGATION MEASURES l HAVE BEEN IDENTIFIED Screening SCOPING T.O.R S REVIEW OF T.O.RS EIStudy & Info Collection PREP EIS EIStudy REVIEW OF EIS APPROVAL/DISAPPROVAL OF EIS 15 Decision Making
16 Relevant Policies and Laws Policies include: The National Environment Management Policy for Uganda (1994); National Policy for Conservation and Management of Wetland Resources 1995; The Water Resources Policy, 1995; The National Fisheries Policy, 2004; The Uganda Wildlife Policy, 1995; The National Land Use Policy, 2007; The Uganda Forestry Policy, 2001; The Energy Policy for Uganda, 2002; The National Oil and Gas Policy for Uganda, Some of the relevant laws include: The Constitution of Republic of Uganda, 1995; The National Environment Act, Cap 153 The Land Act Cap. 227; The Mining Act, 9/2003; The National Forestry and Tree Planting Act, 2003; The Petroleum Supply Act; The Water Act Cap, Cap
17 The Uganda Wildlife Act Cap 200; and The Roads Act. Regulations: The National Environment (Impact Assessment Regulations), 1998; The National Environment (Audit) Regulations, 2006; The National Environment (Waste Management) Regulations, 1999; The National Environment (Conduct and Certification of EIA Practitioners) Regulations, 2003; The National Environment (Wetlands, Riverbanks and Lakeshores) Regulations, 2000; The National Environment (Hilly and Mountainous Areas) Regulations, 2000 The Petroleum Supply (General) Regulations,2009. The National Environment (Standards for Discharge of Effluent into Water or on land) Regulation, 2003 The National Environment (Noise Standards and Control) Regulations, 2003 The Water (Water Resources) Regulations 17
18 Institutional Framework for Implementation of Environmental Assessments/Environmental Management Framework in Uganda National Level Local Gov t S/c Council S/c LEC Vil Env Com NEMA Lead Agencies LC. I (DEC) MWE Mun Council Mun Env Com District Council DTPC DEO Div Council Cell Env Com Div Env Com LC.I 18
19 Review parameters Adequacy of the report-all significant impacts/issues addressed Review of Policy, Legislation and Regulations Environmental Baseline Information-accurate and correct Location of the project/ownership of land Mitigation measures/alternative analysis-design and setting Technical soundness of the mitigation measures Procedures-Stakeholder Consultations/Public Hearing Implementation-Environmental Management and Monitoring Plan-Parameters 19
20 Review timelines Guided by the Environmental Impact Assessment Regulations (1998) and Guidelines for Environmental Impact Assessment in Uganda (1997) Scoping Report/Terms of Reference (ToR)-14 Working days Project Briefs (PBs)-21 working days Environmental Impact Statements (EIS)-30 working days Lower limit-60 working days (estimate) Upper limit-180 working days/6 Months 20
21 (c) Projects subjected to EIA Provided for under the Third Schedule of the National Environment Act Cap 153; they include: General Considerations An activity out of character with its surroundings; Any structure of a scale not in keeping with its surroundings; Major changes in land-use. 21
22 Other projects Urban Development (new town ships) Transportation-roads, railways, airport/fields, pipe lines & water transport. Dams, rivers and water resources; Aerial spraying. Mining, including quarrying and open-cast extraction of minerals. Forestry-clearance, timber harvesting, reforestation and afforestation. Agriculture-large scale, use of pesticides/fertilisers and introduction of new crops. Processing and manufacturing industries (Oil refineries & petrochemical works) Electrical infrastructure-generation stations, transmission lines, electrical substations. 22
23 Management of hydrocarbons, including the storage of natural gas and combustible or explosive fuels. Waste disposal, including sites for solid waste disposal, sites for hazardous waste disposal and sewage disposal works. Natural conservation areas including creation of national parks, game reserves and buffer zones, management of ecosystems, commercial exploitation of natural fauna and flora and introduction of alien species of fauna and flora into ecosystems. 23
24 Summary of Conditions of Approval After approval of a project, the Developer is issued with a Certificate of Approval Specific conditions of approval General conditions of approval Construction phase conditions of approval Operational phase conditions of approval Decommissioning phase conditions of approval Cancellation conditions of approval 24
25 Statutory Fees paid for projects 1.Total project value < 50,000,000 =UGX 250,000/= 2. Total project value > 50,000,000<100,000,000= UGX 500,000/= 3. Total project value > 100,000,000<250,000,000= UGX 750,000/= 4. Total project value > 250,000,000<500,000,000= UGX 1,000,000/= 5. Total project value > 500,000,000<1000,000,000= UGX 1,250,000/= 6. Total project value > 1000,000,000<5,000,000,000= UGX 2,000,000/= 7. Total project value > 5,000,000,000 =0.1% of the total value 25
26 Benefits of EIA More environmentally sustainable design or improvements in the design and siting of a project. Carrying out EIA entails an analysis of possible alternatives in the design and siting of projects. Better compliance with environmental standards; compliance with environmental standards reduces disruption and damage to the environment and reduces the likelihood of fines and penalties; 26
27 l Savings in capital operating bbbb costs; Environmental assessment leads to responsible decisions, investment, health of employees and the community; It keeps business and governments in touch; Increased project acceptance by the public; The process facilitates investment; The environmental assessment process promotes better planning 27
28 Other benefits of EIA(Good Environmental Practices) 28
29 Restoration of the Access road 29
30 Challenges facing the EIA process/tool Inadequate man power (few staff) than the inflow of EIS/PBS. Fixed time lines given to developer in oil and gas by the licensing authority( decision depends on timely in put by stakeholders). Inadequate information submitted by the developer which delay/affects decision making. Inadequate coordination by regulators/lack of current information of decision making 30
31 Dos/donts in the EIA process EIA must be conducted before projects are implemented-before licensing EIA should not be done to justify projects that have already been implemented EIA should be conducted as an integral part of the overall project cycle. 31
32 Conclusion The EIA Tool is a very important planning tool for: Identification of negative impacts of projects (+ve & -ve) Determine whether adverse impacts can be mitigated. Recommend preventive and/or mitigation measures Assesses alternatives and associated activities Recommend whether or not a proposed policy or project should be implemented or modified. 32
33 THANK YOU FOR LISTENING QUESTIONS? 33
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