Comparative evaluation of EIA systems in the Gulf Cooperation Council States

Transcription

1 Impact Assessment and Project Appraisal ISSN: (Print) (Online) Journal homepage: Comparative evaluation of EIA systems in the Gulf Cooperation Council States Nasser S. Al-Azri, Rumaitha O. Al-Busaidi, Hameed Sulaiman & Adnan R. Al- Azri To cite this article: Nasser S. Al-Azri, Rumaitha O. Al-Busaidi, Hameed Sulaiman & Adnan R. Al- Azri (2014) Comparative evaluation of EIA systems in the Gulf Cooperation Council States, Impact Assessment and Project Appraisal, 32:2, , DOI: / To link to this article: Published online: 11 Mar Submit your article to this journal Article views: 1206 View Crossmark data Citing articles: 4 View citing articles Full Terms & Conditions of access and use can be found at

2 Impact Assessment and Project Appraisal, 2014 Vol. 32, No. 2, , Comparative evaluation of EIA systems in the Gulf Cooperation Council States Nasser S. Al-Azri a *, Rumaitha O. Al-Busaidi a1, Hameed Sulaiman b2 and Adnan R. Al-Azri a3 a Department of Marine Science and Fisheries, Sultan Qaboos University, P.O. Box 34, Al-Khoud, P.C. 123 Muscat, Sultanate of Oman; b Department of Biology, Sultan Qaboos University, P.O. Box 36, Al-Khoud, P.C. 123 Muscat, Sultanate of Oman (Received 26 April 2013; accepted 10 February 2014) This review paper details the current status of environmental impact assessment (EIA) legislation framework and procedures of implementation of EIA systems in the Gulf Cooperation Council States. The paper discusses the similarities and the different practice approaches of EIA studies between the States through assessment criteria of EIA systems. Performance evaluation criteria consisting of systematic and foundation measures are used for comparative assessment. This paper hence, seeks to develop a compilation on these EIA systems with regard to its legislation, practices and performance in the respective countries. A set of recommendations on how such practices can be enhanced and improved is presented. Keywords: EIA; performance evaluation; GCC States; guidelines; environmental agency Abbreviations: CITET, Tunis International Center for Environmental Technologies; DGEA, Directorate General of Environmental Affairs; DGPEW, Directorate General for Protection of Environment and Wildlife; EAD, Environment Agency Abu Dhabi; EEAA, Egyptian Environmental Affairs Agency; EER, Environmental evaluation report; EIA, Environmental impact assessment; EMPs, Environmental management plans; ESCWA, Economic and Social Commission for Western Asia; ESR, Environmental scoping report; FEA, Federal Environment Agency; EPA, Environmental Public Authority; EPAA, Sharjah Environment and Protected Areas Authority; GDP, Gross domestic product; GCC, Gulf Cooperative Council; IEA, Initial environmental authorization; IEE, Initial environmental evaluation; KSA, Kingdom of Saudi Arabia; MD, Ministerial decision; MECA, Ministry of Environment and Climate Affairs; MENA, Middle East and North Africa; MMAA, Ministry of Municipal Affairs and Agriculture; MEPA, Meteorology and Environmental Protection Administration; NOC, No objection certificate; PER, Preliminary environmental review; RD, Royal Decree; SCENR, Supreme Council for the Environment and Natural Reserves; SEA, Strategic environmental assessment; UAE, United Arab Emirates Introduction With many countries jumping into the band wagon of conducting environmental impact assessments (EIAs), the Arab world was seen to jump in late; some came forward during the 80s and some countries implemented EIA policies very recently, a little less than 10 years ago (El- Fadl & El-Fadel 2004). Among the first countries to stress on the importance of the environment and the implementation of EIAs was The Sultanate of Oman in Other Arab countries including those in the Arabian Peninsula soon followed (El-Fadl & El-Fadel 2004). Several comparative and evaluation EIA studies have been conducted and published of different courtiers in the Middle East and North Africa (MENA) region (ESCWA 2001; Ahmad & Wood 2002; CITET 2003; El-Fadl & El- Fadel 2004). Ahmad and Wood (2002) touched upon the Arab States briefly, discussing much more in depth about countries in North Africa; Egypt and Tunisia to be more exact. However, it gave in a nutshell some legislation procedure enactment in the Arab world. El-Fadl and El- Fadel (2004), on the other hand, did a much more exhaustive and comprehensive study on countries of the MENA region. This gave a solid foundation and overview on how Arab States came to implement EIAs and the following legislations and executive in relation to them. However, the Gulf Cooperative Council (GCC) States were briefly discussed. Their paper was subjective with regard to the GCC States; the information provided in the study was not enough in detail to have in-depth assessment. Most of the laws elaborated in their paper with regard to the GCC States were in draft stages rather than the actual implementation stages, and in some cases, the information of many GCC States such as for Bahrain was not available. Moreover, not much literature has reviewed this essential area of the world s economy Most of laws and of EIA have been finalized, revised or amended in the GCC States. Therefore, a focused and detailed performance evaluation of the GCC States EIA systems is required to present the current status of EIA legislations in GCC States. This review paper focuses on the GCC States EIA systems through comparative assessment of analytical framework for EIA and procedures of implementation and discusses the different practice approaches of EIA studies between the States. Furthermore, this paper showcases the similarities and the best practices of these States, along with a set of recommendations on how such practices can be enhanced and improved. This paper, hence, seeks to address the major issues and policies with regard to the EIA systems in the GCC States and develops a compilation on these EIA systems with regard to its legislation, practices and performance in the respective countries (Table 1). *Corresponding author. azri.nasser@gmail.com q 2014 IAIA

3 Impact Assessment and Project Appraisal 137 Table 1. Administration authorities for EIA and environmental permitting in the GCC States. State Regulatory authority Establishment Oman MECA DGEA 1984 changed in 2007 UAE FEA 1993 Qatar SCENR 2000 KSA MEPA 2001 Bahrain Public Commission for the 1998 Protection of Marine Resources, Environment and Wildlife DGPEW; EIA and Planning Directorate Kuwait EPA Environmental Planning and Impact Assessment Department 1995 Methodology A set of descriptive analytical criteria was developed by Ahmad and Wood (2002) and was used by El-Fadl and El- Fadel (2004) in their comparative assessment for status of EIA systems in countries of the MENA region. Several previous studies have adopted a similar evaluation framework (Ortolano et al. 1987; Ortolano 1993; Fuller 1999; Wood 1999). The evaluation criteria used in this paper was similar to that used by El-Fadl and El-Fadel Table 2. EIA evaluation criteria: systemic and foundation measures used by Ahmad and Wood (2002). Systemic measures (1) EIA legislation 1.1. Legal provisions for EIA 1.2. Provisions for appeal by the proponent or the public against decisions 1.3. Legal or procedural specification of time limits 1.4. Formal provisions for SEA (2) EIA administration 2.1. Competent authority for EIA and determination of environmental acceptability 2.2. Review body for EIA 2.3. Specification of sectoral authorities responsibilities in the EIA process 2.4. Level of coordination with other planning and pollution control bodies (3) EIA process 3.1. Specified screening categories 3.2. Systematic screening approach 3.3. Systematic scoping approach 3.4. Requirement to consider alternatives 3.5. Specified EIA report content 3.6. Systematic EIA report review approach 3.7. Public participation in EIA process 3.8. Systematic decision-making approach 3.9. Requirement for EMPs Requirement for mitigation of impacts Requirement for impact monitoring Experience of SEA Foundation measures (4) Existence of general and/or specific guidelines including any sectoral authority procedures (5) EIA system implementation monitoring (6) Expertise in conducting EIA (national universities, institutes, consultancies with EIA technical expertise) (7) Training and capacity building (2004). It is categorized into systematic and foundation measures and these are presented in Table 2. The main characteristics of the EIA systems in GCC States are presented in Appendix 1. The information presented herein was sourced and compiled from different published articles and papers; official gazettes and computer-based web searches acknowledged in references. GCC States profile The GCC also known as Cooperation Council for the Arab States of the Gulf was established in 1981 (GCC Secretariat General 2011). It is a political and economical union of the GCC States in the Arabian Peninsula bordering the Arabian Gulf and the Sea of Oman (Figure 1). Currently the union consists of six countries; Sultanate of Oman, Kingdom of Saudi Arabia (KSA), Kingdom of Bahrain, United Arab Emirates (UAE), State of Qatar and State of Kuwait. The GCC States are countries with one of the fastest growing economies in the MENA region due to the boom in oil and gas revenues (GCC Secretariat General 2011). As a result of such revenue, there are many developmental plans planned for these countries where many are focused in introducing different types of industries to boost the economy further, in an effort to reduce the dependency of oil and gas revenues as the main source of gross domestic production (GCC Secretariat General 2011). The GCC sustained growth of demography and ambitious urban development has heavy dependency on exploitation of natural resources and consequent environmental degradation. The ecological footprint for some GCC States has been estimated to be higher than the world average footprint (1.8 global ha/person). For instance UAE, Kuwait and KSA were found to have ecological footprint at 11.9, 7.6 and 4.6 global ha/person, respectively (Living Planet Report 2006). An assessment on environmental status of the GCC States by the Gulf Research Center (GRC) have listed the main environmental challenges in GCC are to be (a) water scarcity and quality, (b) land degradation and desertification, (c) coastal degradation and marine environment and (d) management of urban and industrial pollution (Gulf Year Book 2006) EIA legislation of the GCC EIA establishment and regulatory authority The first state in the GCC to enact implementation legislation of EIA was Oman in Sultanate of Oman was in fact the very first country to introduce EIA into the regulatory framework of developmental projects in the MENA region. Oman has introduced EIA legislation through issuance of Royal Decree (RD) No. 10/1982 the Law on the Conservation of the Environment and Combating of Pollution and was repealed with the same name by RD No. 114/01 in 2001, which sets the enactment of environmental legal framework, and the ministerial decisions (MDs) such as MDs 80/1994 and 18/1993 act as

4 138 N.S. Al-Azri et al. Figure 1. States of the GCC. executive. Within the GCC States, the second country to follow Oman s footsteps from the GCC was Kuwait in 1995 by Law No. 21/1995 and its Executive by- Law No. 210/2001, followed by Bahrain in 1996 under Environment Act 21/1996. The UAE and KSA enabled legislation for EIA later than their other GCC counterparts in 1999 and 2001 through the Federal Law No. 24/1999 and RD No. 34/2001 and its Executive by-law No. 3964/2003, respectively. Qatar was the last of the GCC States to enact EIA legislation issued in 2002 under the Law No. 30/2002 and Executive by-law No. 11/2005. Table 1 gives a compact explanation of the countries and their respective regulatory authorities. In Oman, the Ministry of Environment and Climate Affairs (MECA) was formulated under the RD No. 90/2007, formerly known as the ministry of environment as per the RD No. 45/1984 which was founded from the Council for Conservation of Environment and Prevention of Pollution under RD No. 68/79. The UAE Federal Environment Agency (FEA), established by Federal Law No. 7/1993, is the federal governmental body charged with enforcement of environmental standards and pollution control and was assigned to prepare the Federal Law No. 24/1999, concerning protection and development of the environment. The Supreme Council for the Environment and Natural Reserves (SCENR) in Qatar was established as principal environmental institution under Law No. 11/2000. This was previously known as the Environment Department, which was part of the Ministry of Municipal Affairs and Agriculture (MMAA). The MMAA, established as a result of Law No. 13/1994, replaced the Environmental Protection Committee, which was established as per Law No. 4/1981. KSA in 2001 has issued RD 34/2001 appointing the Meteorology and Environmental Protection Administration (MEPA) as the authority of the kingdom s environmental affairs. The Directorate General for Protection of Environment and Wildlife (DGPEW) in Bahrain is the responsible governmental entity for environmental protection enforcement established in The issuance of Law No. 21/1995 by the State of Kuwait was the foundation of the Environmental Public Authority (EPA) and was amended by Law No. 16/1996 as primary authority of environmental protection in the State.

5 Impact Assessment and Project Appraisal 139 EIA practices in GCC States Oman The MD No. 187/2001 sets the for organizing of the issuance of environmental approval and final environmental permit. The application for approval is made to the Directorate General of Environmental Affairs (DGEA) through a specified form wherein data of the project are provided. The application is screened and reviewed and may result in either issuance of a No Objection Certificate (NOC), or requirement for a full EIA. If EIA is required, the proponent must present a scoping report of the EIA, which gets reviewed and approved by the DGEA. Upon approval, the EIA report is made and submitted to the DGEA for evaluation and assessment (DGEA 2001). Within 60 days of submission, a decision is made on whether to grant the permit or reject the project. If the application is not approved, the proponent has the right to appeal the verdict within 30 days from the date of notification. Qatar The Law No. 30 of 2002 and Executive by-law No. 11/2005 dictate the procedural process of obtaining clearance through submission and approval of EIA. The Executive by- Law 11/2000 requires the project proponent submitting an application for Initial Environmental Authorization (IEA) to the SCENR. The SCENR reviews, assesses and decides whether an EIA is required or not. If EIA required, the project proponent is required to provide a scoping report of the intended EIA for comment and approval. If the scoping report gets approved, the project proponent undertakes and submits the EIA for revision and is then either rejected or cleared with conditions. As the clearance is granted, the project may commence as specified. Prior to commissioning, an application to the SCENR for a permit to operate must be obtained prior to 30 days of planned start-up. KSA Under the RD No. 34/2001, the proponent is required to secure environmental permit before the project materializes. The EIA scheme process includes three phases: screening, scoping and evaluation. The process starts by approaching the MEPA with application of environmental permit, and the MEPA reviews the presented information concerning the project against three categories specified in RD 34/2001. The MEPA may require further intensive study to conduct EIA. In the second phase, the scoping necessitates to present scope of work for the study and it does extend undertaking in the environmental scoping report. Then, the MEPA reviews and evaluates the submitted environmental evaluation report or EIA report. Based on the results of evaluation, a letter to proceed shall be either denied or awarded to the project. UAE Federal Law No. 24 of 1999 defines the procedure for obtaining permit for all projects or establishments by submission of the environmental permit application. Upon receiving the application, the FEA or local authority reviews the application and determines whether EIA is required or not. The FEA or local authority, depending on type and scale of the project, may request a preliminary environmental review or EIA to be performed (Donelly et al. 1998). Strategic environmental assessment (SEA) may be requested for a specific project even though no legal requirement as best practice. Federal projects would be directed to FEA whereas local projects would be addressed by local authorities. The studies must be conducted by an FEA or by a local authority-approved consultant and submitted for review. Decision should be made within 30 days of submission and could be extended by another 30 days if needed. Once the proposal is approved, an NOC for construction/decommissioning or an environmental permit for operation is issued by the FEA or local authority to commence activities. Bahrain Articles of the Environmental Act, 1996 provides for procedure for project approval from the Directorate through issuance of a permit. The application process is initiated by filling the initial EIA data form pertaining to the kind of projects to the Directorate as the requisition to the Ministry of Commerce and Industry. In light of the review of the data form provided, the Directorate will determine the extent of the requirement for filing a report on EIA. The screening may result in an NOC, a requirement for initial environmental evaluation or requirement for full EIA (DGPEW, no date). In the event of requirement of EIA, the study must be performed through an approved environmental consultant and the content of EIA specified through a scoping report after approval. The EIA is submitted for revision to the Directorate and then decided within 60 working days. Based on revision, the Directorate issues the permit or rejects the project. Kuwait Under Executive by-law 210/2001 on Environment Requirements and Standards in the State of Kuwait, there are five articles which deal with preparation and procedures of submission for the EIA study report. The EIA application is done through requisition from governmental channels, e.g. Ministry of Commerce and Industry or the Municipality and not directly requested from the authority. The authority has a special EIA unit and is charged with receiving EIA studies and evaluating them from licensed contractors (Donelly et al. 1998). For any of the studies to be validated and accepted as official contracts, the standards set in the studies are crossreferenced internationally and with a published set of KEPA standards, and if all are in order, licensing renewal or permission is given to the proper authority to take into

6 140 N.S. Al-Azri et al. Table 3. Performance of the EIA systems in the GCC States against systemic and foundation measures evaluation criteria. Evaluation criteria Oman UAE Qatar KSA Bahrain Kuwait 1. EIA legislation 1.1. Legal provisions for EIA 1.2. Provisions for appeal by the proponent or the public against decisions 1.3. Legal or procedural specification of time limits 1.4. Formal provisions for SEA 2. EIA administration 2.1. Competent authority for EIA and environmental acceptability 2.2. Review body for EIA 2.3. Specification of sectoral authorities responsibilities in the EIA process 2.3. Level of coordination with other planning and pollution control bodies Enabling legislation: RD No. 10/1982 and repealed with 114/2001 on conservation of the environment and prevention of pollution and executive in MDs 80/1994; and 18/1993 Article 5 in RD 114/2001 provides provisions for appealing against any decision or action taken by the authority The decision is made within 60 days of submission of application and appealing against decisions to be within one month from the date of notification Enabling legislation: Federal Law No. 24/1999 on protection and development of the environment and executive No provisions for appeal against decisions specified in the legislation The decision is not to exceed one month of submission of application and may be extended by 1 month if needed Enabling legislation: Law of Environment Protection No. 30/2002 on environment protection against pollution and Executive by-law 11/2005 Article 14 in Law No 30/2002 provides the provisions for appealing against any decision or action taken by the Council The decision made within 30 days from the date of receiving the study Enabling legislation: General Environmental Law RD No. 34/2001 and Executive Regulations No. 3964/ 2003 No provision for appeal against decisions specified in No time limits specification in the Enabling legislation: Environment Act 21/1996 on protecting the environment from pollution; Assessment Order 1/1998 for EIA No provision for appeal against decisions specified in The decision made within 60 working days after receipt of application None None None None None None MECA (formally MRMEWR) specifically DGEA by RD 86/2001 DGEA responsible for EIA review Specified in guideline for obtaining environmental permit by DGEA Committees and regular meetings between ministries, sectoral authorities and local municipalities FEA by Federal Law 7/1993. Each Emirate to establish local authority FEA responsible for EIA review SCENR by Law 11/2000 MEPA by RD 34/2001 DGPEW through EIA and Planning Directorate SCENR responsible for EIA review MEPA responsible for EIA review Not specified Not specified Specified in General Environmental Law Article 15 in Federal Law 24/1999 directs FEA in coordinating with local authorities and cooperating with concerned parties Article 17 in Law 30/2002 instructs all administrative authorities to coordinate and cooperate with SCENR Articles 9 in RD 34/001 specify coordination and cooperation between concerned agencies with MEPA The Directorate responsible for EIA Enabling legislation: Law 21/1995 as amended by Law No. 16/1996 on the establishment of EPA and Executive by-law 210/2001 of EPA No provision for appeal against decisions specified in The response made within 60 days of submission of final report EPA through Environmental Planning and Impact Assessment Department The Department responsible for EIA review review No information available Not specified No information available Article 3 directs EPA to collaborate and coordinate with concerned staterelated bodies

7 Impact Assessment and Project Appraisal EIA process 3.1. Specified screening categories 3.2. Systematic screening approach 3.3. Systematic scoping approach 3.4. Requirement to consider alternatives 3.5. Specified EIA report content 3.6. Systematic EIA report review approach 3.7. Public participation in EIA process 3.8. Systematic decision-making approach 3.9. Requirement for EMPs Requirement for mitigation of impacts Not specified; one category List for EIA mandatory plus application for permit on case by case to MECA will determine the issuance of NOC or EIA required DGEA responsible to define scope. EIA format is specified in EIA and may provide special provisions for some developments Required in EIA General guidelines comprehensive EIA No defined systematic approach to review EIA report Required in EIA reporting as SIA through public consultation during EIA study. Public participation not involved after EIA submission DGEA must give permit before commencing any development projects Article 16 in RD 114/2001 provisions for EMPs as part of EIA report Article 16 in RD 114/2001 requires the description and analysis of the project environmental impacts and mitigations Not specified; one category Application for permit and FEA or local authority will determine to issue NOC or EIA required FEA or local authority responsible to define TOR. EIA format is specified in EIA and may provide special provisions on case by case basis Required in EIA Not specified; one category List for EIA mandatory plus application for IEA on case by case to SCENR will determine EIA required or not SCENR responsible to define EIA scoping. Articles 15 and 16 of Executive by-law list the required scope of an EIA study and may include some additional provisions Required in EIA Three categories specified Not specified; one category Through specified three categories which defines EIA requirement MEPA responsible to define EIA scoping. EIA format is specified in EIA and may provide special provisions on case by case basis Required in EIA List for EIA mandatory plus application through special screening forms on case by case basis and the Directorate will determine EIA requirement EIA and Planning Directorate responsible to define scope. EIA format is prescribed by the Directorate Not specified in EIA Not specified; one category List for EIA mandatory plus application with initial report to EPA revision and to determine the EIA final report requirement EPA defines the scope with generic components should be included in the executive by-law Required in EIA General guidelines for comprehensive EIA General guidelines for comprehensive EIA No information available No defined systematic approach to review EIA report General guidelines for comprehensive EIA Prescribed by the Directorate Defined in RD 34/2001 No information available Not defined Specified in the executive by law of EPA No requirement No requirement No requirement. No requirement No requirement. No projects will start its activity without obtaining environmental permit from FEA Articles 9 and 15 in Federal Law 24/1999 provisions for EMPs as part of EIA report Article 10 in Federal Law 24/1999 requires in EIA report the description of mitigation of impacts Project operation is forbidden before receiving necessary permit Article 15 in by-law No. 11/2005 provisions for EMPs as part of EIA report Article 16 in by-law No. 11/2005 requires that the description and analysis of the project environmental impacts and mitigations MEPA has to issue permit to any project before starting Articles 9 and 10 in RD 34/2001 provisions for EMPs as part of EIA report Article 11 in RD 34/2001 requires in EIA report the description of mitigation of impacts No projects commenced before having verified permit from EIA and Planning Directorate Assessment Order 1/1998 provisions for EMPs as part of EIA report Assessment Order1/1998 requires in EIA report content as separate component No project execution to commence prior to obtaining the approval from EPA Article 4 in by-law No. 210/2001 provisions for EMPs as part of EIA report Article 4 in by-law No. 210/2001 requires the description of mitigation and measures to restrain or reduce the impacts (Continued)

8 142 N.S. Al-Azri et al. Table 3 continued Evaluation criteria Oman UAE Qatar KSA Bahrain Kuwait Requirement for impact monitoring Experience of SEA Foundation measures 1. Existence of general and/or specific guidelines including any sectoral authority procedures 2. EIA system monitoring 3. Expertise in conducting EIA 4. Training and capacity-building Articles 10, 17 and 30 in RD 114/2001 require the proponent to prepare environmental monitoring and audit plans and maintaining records; DGEA undertakes followup inspections Articles 7 and 13 in Federal Law 24/1999 require the proponents to undertake regular analysis and monitoring and keep records to report to FEA or local authority; FEA or local authority undertakes follow-up inspections Articles 16 in by-law No. 11/2005 require the proponent to conduct environmental monitoring and keep records; SCENR undertakes follow-up inspections Articles 12 and 13 in RD 34/2001 require to implement environmental mentoring and maintaining records; MEPA undertakes followup inspections Assessment Order 1/1998 requires the study to identify necessary monitoring program for the projects; EIA and Planning Directorate undertake follow-up inspections None Limited None None None None DGEA guidelines for environmental permit specify the requirements of each sector EAD Abu Dhabi released SOPs and technical guidance documents for environmental permitting and preparation of environmental studies used within the Emirate No information available No information available DGPEW procedures for obtaining environmental permit Article 4 in by-law No. 210/2001 requires a continuous monitoring and control systems after project accomplishment No information available Not performed Not performed Not performed No performed Not performed Not performed Registered consultancies with MECA Registered consultancies with FEA or local authority Approved consultancies by SCENR Qualified approved consultancies by MEPA Approved consultancies by DGEPW Approved consultancies by EPA No information available No information available No information available No information available No information available No information available

9 Impact Assessment and Project Appraisal 143 account the proposed project in conjunction with laws and restrictions. Comparative evaluation of EIA systems Systematic measures performance Table 3 summarizes the overall comparison and evaluation of the GCC States EIA systems against the systematic and foundation measures criteria. Detailed descriptions of performance of GCC systems with most distinctive features are highlighted. EIA legislation Legislatively, all the six GCC States have enacted enabling and issuance of executive by-laws pertaining to EIA, with KSA and Kuwait having the most detailed provisions. The executive cover the EIA process in more detail and relate to the roles of the competent administrative authority, and procedures for appealing against decisions. Also, these specify lists of projects and activities which are subjected to its provisions, time limit and institutional responsibilities. The environment laws in all GCC States are applicable to new developments, existing establishments and their further expansions. A similar finding was indicated by Ahmad and Wood s (2002) evaluation of Egypt, Turkey and Tunisia EIA systems, where all three systems have enabling laws and detailed executive. El-Fadl and El-Fadel s (2004) evaluation indicates that only Qatar s legislation has specified the appealing provisions in the GCC States. However, in reviewing the legislations of the six States, Oman s and Qatar s legislations are the only legislations that have specified legal provisions of appeal, wherein the proponent is allowed to appeal against the verdicts from the authority. In case of project rejection, the proponent may be advised by the authority to enhance the acceptance of the development through adopting more environmentally sound production and operation methods or by applying stringent mitigation or improving monitoring plans. With exception of KSA, provisions for time limit for completion of the EIA process component till the issuance of a decision have been specified in EIA. This is in agreement with El-Fadl and El-Fadel s (2004) evaluation to have specified time limit. None of the EIA legislation throughout the GCC States has formally specified provisions for SEA. This was also found in Ahmad and Wood (2002) and El-Fadl and El-Fadel (2004), attributing that the SEA is in its infancy stages in the region. EIA administration The competent administrative authorities of the GCC States have been established to oversee the EIA process from reviewing, evaluating and deciding on the acceptability of the EIA report to issuance of EIA guidelines (Table 2). All six countries have single agency assigned under the environmental law, except for UAE where under the Federal law 24/1999, FEA acts as Federal Agency and it requires establishment of local authority for each Emirate. For example, the Environment Agency Abu Dhabi (EAD) and Sharjah Environment and Protected Areas Authority (EPAA) are the responsible local authorities. The reviewing body of the EIA reports in all States is rested with the respective regulatory authorities with the review procedures for EIA reports are either not defined or information not available. The level of coordination between the regulatory authority and other planning and control bodies is not defined or specified. Only generic provisions mentioned in the for coordination between agencies which generally regarded to be weak. However, the Omani Guidelines for Obtaining Environmental Permits, the roles and duties of the Ministry of Industry and Commerce, sectoral authorities and local municipalities have been defined. El-Fadl and El-Fadel (2004) have regarded that the presence of outlined structure for each authority s jurisdiction may enhance the level of collaboration between the various parties involved. EIA process All the GCC EIA systems use the screening approach that involves relatively comprehensive lists of projects to identify whether an EIA is required or not. These systems also, however, follow a case-by-case basis if the activity is not specified in the lists. With exception of KSA, the EIA systems of other States have specified only one category in which EIA is mandatory. Due to space limitation, an example of projects list required for EIA in KSA and Kuwait is presented in Appendix 2A and 2B The screening procedures are more elaborated in KSA s EIA system, where three categories are used (See Appendix 2B). These include: First category: projects with limited environmental impacts which require submitting completed application form known as 1st category project form and preparation of preliminary report on the project. Second category: projects with significant environmental impacts which require submitting completed application form known as 2nd category project form and preparation of preliminary EIA by an approved consulting office. Third category: projects with serious environmental impacts require submitting completed application form known as 3rd category project form and preparation of comprehensive EIA by an approved consulting office. A similar list of actions is defined in Egypt s EIA system which has three items Ahmad and Wood (2002); (1) black list of project requiring a full EIA, (2) gray list of projects requiring full EIA or Scoped EIA specified by the Egyptian Environmental Affairs Agency (EEAA) and (3) white list of the project requiring submission of completed application, Environmental Screening Form A As far as the scoping level is concerned, the environmental authority defines the scope of work adopted

10 144 N.S. Al-Azri et al. in the EIA for a specific project and a more comprehensive study being carried out for large-scale developments. As in practice, the proponent required to consult the authority prior preparation of EIA report and to follow the general format for EIA reporting specified in. It is the proponent s responsibility to prepare the scoping report and to consult its appropriateness with the authority. This reduces the burden on regulatory authorities to define the scope of work, and might either raise developer s responsibility to identify and include or ignore and drop all the potentially significant impacts of their developments. The requirement of considering alternatives is legally obligated in the regulation in all GCC States, except in Bahrain. As most systems decision rely on potential impacts and location sensitivity, it is a requirement for authority personnel to conduct site visit to assess the adequacy of the site before having the decision. With respect to content of the EIA report, all the six States have defined a general requirement, and Oman, KSA and Kuwait have strong reporting content in comparison with that provided in World Bank s guidelines. This is also shown by El-Fadl and El-Fadel s (2004) evaluation where no information is available regarding Kuwait and UAE. Only KSA has a defined EIA report review approach, while others have not defined their approach. Different methods are being used to ensure the objectives of the review such as circulate the document through various relevant departments to get feedback before issuing the verdict. This may increase the subjectivity of the review stage, because of the absence of a review checklist or guidelines in most of the EIA systems in the GCC. To reduce subjectivity, Wood (2003) suggested the use of review criteria, the EIA review accredited consultants, set up independent review body, the publication of the results of the review and involvement of consultees and the public. For instance, in Egypt, EEAA assigns an independent consultant to review each EIA report; however, in Turkey, EIA provisions dictate to form a review and assessment commission to evaluate each EIA report (Ahmad & Wood 2002). Of all six EIA systems, only Oman legislatively requires public consultations during the EIA study process. However, public participation is not required during the review and evaluation stage. Also non-governmental organizations (NGOs) are occasionally consulted during the EIA study process. Approval and rejection of the project is the most important part of the EIA process. In all six EIA systems, decision-making would depend on evaluation from feedback of different departments on the EIA report before issuing the verdict. No project or development is allowed to proceed without prior environmental acceptability of the project from the authorized agency. Provisions for environmental management plans (EMPs) are defined in all six EIA systems as part of the EIA report requirement. This particularly demonstrated in Oman s Guidelines for Obtaining Environmental Permit which specifies the requirement for EMPs and mitigations measures and also proposals for environmental monitoring and site restoration after use (DGEA 2001). Moreover, in Qatar, articles 15, 16 and 17 of by-law 11/2005 require EMPs and analysis of environmental impacts and mitigations. Follow-up and monitoring of impact are mandatory requirements in all six systems. For example, article 4 in by-law 210/2001 of Kuwait requires a commitment of applying continuous monitoring and control system. In UAE, Federal Law No. 24/1999 in article 7 and article 13 requires undertaking of regular analysis and monitoring. Legally in all six jurisdictions, the proponents or developers are required to maintain records of environmental impacts and monitoring. Foundation measures performance Oman has the lead in developing EIA and sectoral guidelines among the six EIA systems. The Oman s Guidelines for Obtaining Environmental Permit describes the procedure for EIA as identified in the RD and MD with sectoral authorities outlined. Also, Bahrain has issued Procedures for Obtaining Environmental licenses detailing the process for EIA and application for environmental licenses. Recently, in April 2010, the EAD Abu Dhabi released a series of standard operating procedures (SOPs) for environmental permitting and technical guidance documents for preparation and submission of environmental studies that comply with Federal Law No. 24/1999. These documents were developed to reflect international best practice and procedures with the Emirate of Abu Dhabi as mandate in Federal Law. None of the GCC States has implemented EIA systems for monitoring legislations or guidelines. Also, only registered approved consulting offices are allowed to conduct and prepare EIA studies. With regard to training and capacity building, no information was available to supplement the comparison and assess the performance in all GCC States. Conclusions and recommendations Various comparative studies of different countries have shown how EIA is an evolving process and no perfect state of EIA has been achieved as of yet (Wood 2003). The EIA systems in the GCC States in this context are evolving and improving their environmental standards and requirements to one that is superior to the type of laws enacted at the beginning when EIA was introduced for the first time. Evaluating the EIA systems in the GCC States, they indicate that many have achieved considerable progress in developing legal and administrative framework for EIA systems that accommodate national requirements. The performance assessment indicates some criteria are advanced in one State than others. For instance, the Oman EIA system has preceded the others in the presence of guidelines for obtaining environmental permit, wherein the roles and duties of sectoral authorities and projectspecific guidelines are outlined. The system has specified appealing provision against the final decision made by the DGEA as well as having procedural specification of time limits. The evaluation of EIA systems against the criterion on requirement of public participation and consultation

11 Impact Assessment and Project Appraisal 145 indicates that the Omani EIA system is more transparent than other GCC States EIA systems, which are not legally required. Certainly the provision of appealing against the final decision in place raises the transparency level in the Omani EIA system than the other States systems. In the KSA EIA system, however, the evaluation against the criterion of EIA process shows that KSA has more detailed screening and defined EIA report review approaches. This increases the effectiveness of the screening and scoping stages and may reduce the burden exerted on the MEPA. Whilst in the Qatar EIA system, the scoping approach explicitly expressed in provisions in its by-law 11/2005 to support required scope of EIA study. This may reduce the effectiveness of the scoping stage in terms of relevance of the information requested by SCENR and may increase the limitation of assessment scope as well as clear the proponent s responsibility to identify all potentially significant impacts for their proposals. General weaknesses in EIA systems in GCC States includes: (1) lack of specific guidelines for sectoral and technical guidelines including sectoral procedures with the exception of Oman and KSA, (2) lack of legal provision for SEA and experience, (3) lack of EIA system monitoring and implementation, (4) absence of EIA review approach with the exception of KSA and (5) lack of transparency where not much public participation is involved with the exception of Oman to some extent. Based on the presence of the above findings, the following actions are recommended to tackle the main weaknesses and to subsequently increase their EIA systems strength and effectiveness: (1) develop and prepare user-specific guidelines on EIA including sectoral and technical responsibilities in the EIA process from EIA preparation to report reviewing to decision-making, (2) incorporating and implementing formal provisions for SEA as part of the EIA legislation, (3) defining and establishing EIA review criteria to reduce subjectivity and by which EIA reports are evaluated, (4) assignment of independent bodies for the review of the EIA implementation process, (5) development of a EIA monitoring system to provide statistics and create a database for reviewing and sharing lessons learnt, (6) define sectoral responsibility and improving actual coordination with planning and pollution control bodies and (7) strengthening public participation procedures including NGOs in the EIA process, especially in reviewing and decision-making, through different approaches, i.e. information disseminating and consultation. Notes 1. r.albusaidi@gmail.com 2. hameed@squ.edu.om 3. adnazri@gmail.com References Ahmad B, Wood C A comparative evaluation of the EIA systems in Egypt, Turkey and Tunisia. Environ Impact Asses Rev. 22: [CITET] Tunis International Center for Environmental Technologies Working together to strengthen the environment: strengthening EIA systems in the Mediterranean region. Tunis: CITET. Decision No. 210/2001 Executive By-Law for the Law No. 21/1995 amended by Law No.16/1996 on Environment Requirements and Standards in the State of Kuwait. Issued on May Decision No. 11/2005 Executive By-Law for the Environmental Protection Law No. 30 of 2002 in the State of Qatar. Issued on April [DGEA] Directorate General of Environmental Affairs Guidelines for obtaining environmental permits. Muscat, Oman: Ministry of Regional Municipalities and Environment. [DGPEW] Directorate General for Protection of Environment and Wildlife. no date. Procedures for obtaining environmental license. Kingdom of Bahrain: Public Commission for the Protection of Marine Resources, Environment and Wildlife. Donelly A, Dalal-Claton B, Hughes RA A directory of impact assessment guidelines. 2nd edn. London: Russell Press; p El-Fadl K, El-Fadel M Comparative assessment of EIA systems in MENA countries: challenges and prospects. Environ Impact Asses Rev. 24: Environment Act No. (21) of 1996 on Protecting Environment from Pollution in Kingdom of Bahrain. Official Gazette, Issued [ESCWA] Economic and Social Commission for Western Asia A study on the evaluation of environmental impact assessment in selected ESCWA countries. New York: United Nations. Federal Law No. (7) of 1993 establishing the Federal Environmental Agency in United Arab Emirates, UAE. Official gazette. Federal Law No. (24) of 1999 for the Protection and Development of the Environment in the United Arab Emirates, UAE. Official Gazette, Issue No. 340, October Fuller K Quality and quality control in environmental impact assessment. In: Petts J, editor. Handbook of environmental impact assessment. vol. 2. Oxford: Blackwell; p GCC Secretariat General Statistical bulletin. Riyadh: GCC Secretariat General. GRC 4th Annual Conference. Gulf yearbook state of the environment in GCC countries; Law No. (4) of 1981 on Establishment of Environmental Protection Committee in State of Qatar. Official gazette, Issued Law No. (13) of 1994 on Establishment of Ministry of Municipal Affairs and Agriculture in State of Qatar. Official gazette, Issued Law No. (21) of 1995 amended by (16) of 1996 on establishment of Environment Public Agency (EPA) in State of Kuwait. Official gazette, Issued Law No. (11) of 2000 Establishment of Supreme Council for the Environment and Natural Reserve in State of Qatar, Official gazette, Issued Law No. (30) of 2002 Law of Environment Protection in State of Qatar, Official gazette, Issued September Living Planet Report WWF World Wide Fund For Nature (formerly World Wildlife Fund), Gland, Switzerland. Ministerial Decision No.18/1993 Regulations for the Management of Hazardous Waste. Ministry of Regional Municipalities, Environment and Water Resources. Issued on February Ministerial Decision No.80/1994 Regulations for Noise Pollution Control in Working Environment. Ministry of Regional Municipalities, Environment and Water Resources. Issued on March Ministerial Decision No.187/2001 Regulations for Organizing the Issuance of Environmental Approvals and the Final Environmental Permit. Ministry of Regional Municipalities, Environment and Water Resources. Issued on June 2001.

12 146 N.S. Al-Azri et al. Ortolano L Controls on project proponents and environmental impact assessment effectiveness. Environ Prof. 15: Ortolano L, Jenkins B, Abracosa R Speculations on when and why EIA is effective. Environ Impact Asses Rev. 7: Royal Decree No. (68) for 1979 Establishment of Council for Conservation of Environment and Prevention of Pollution. Official gazette, Issued Royal Decree No. (10) for 1982 The Law on the Conservation of the Environment and Combating of Pollution in Sultanate of Oman. Official gazette, Issued Royal Decree No. (45) for 1984 Establishment of Ministry of Environment and Water Resources in Sultanate of Oman. Official gazette, Issued Royal Decree No. (34) for 2001 General Environment Law and Rules for Implementation in Kingdom of Saudi Arabia. Official gazette, Issued October Royal Decree No. (114) for 2001 The Law on Conservation of the Environment and Preventing of Pollution in Sultanate of Oman. Official gazette, Issued November Royal Decree No. (90) for 2007 on Establishment of Ministry of Environment and Climate Affairs in Sultanate of Oman. Official gazette, Issued September Wood Comparative evaluation of environmental impact assessment systems. In: Handbook of environmental impact assessment. vol. 2. Oxford: Blackwell; p Wood C Environmental impact assessment: a comparative review. UK: Prentice Hall.

13 Impact Assessment and Project Appraisal 147 Appendix 1. Main characteristics of the EIA systems in GCC States. States Legal requirements General deficiencies Oman Enabling legislation: RD No. 10/1982 and repealed with RD No. 114/2001 on conservation of the environment and prevention of pollution and executive as MDs 80/1994; and 18/1993 Regulatory authority: MECA Procedural specification of time limits and provisions for appealing Specification of sectoral authority responsibilities One screening category for EIA requirement Specified EIA report content and consideration of alternatives Requirements for public participation, mitigation and EMPs and monitoring General sectoral and project-specific guidelines UAE Enabling legislation: Federal Law No. 24/1999 on protection and development of the environment and executive Regulatory authority: FEA Procedural specification of time limits One screening category for EIA requirement Scoping provided in authority guidelines Specified EIA report content Qatar Enabling legislation: Law of Environment Protection No. 30/2002 on environment protection against pollution and Executive by-law 11/2005 Regulatory authority: SCENR; EIA section procedural specification of time limits and provisions for appealing One screening category for EIA requirement Specified scoping for the EIA study in executive by-law Specified EIA report content and consideration of alternatives Requirements for mitigation and EMPs and monitoring KSA Enabling legislation: General Environmental Law RD No. 34/2001 and Executive Regulations No. 3964/ 2003 Regulatory authority: MEPA, EIA Department Three screening categories for EIA requirement Specified EIA report content and consideration of alternatives Requirements for mitigation and EMPs and monitoring Bahrain Enabling legislation: Environment Act No. 21/1996 on protecting the environment from pollution; Assessment Order 1/1998 for EIA Regulatory authority: DGPEW; EIA and Planning Directorate Procedural specification of time limits One screening category for EIA requirement Specified EIA report content and consideration of alternatives Requirements for mitigation and EMPs and monitoring Kuwait Enabling legislation: Law No. 21/1995 as amended by Law No. 16/1996 on the establishment of EPA and Executive by-law No. 210/2001 Regulatory authority: Environment Protection Authority Env. Planning and Impact Assessment Department Procedural specification of time limits One screening category for EIA requirement Specified EIA report content and consideration of alternatives Requirements for mitigation and EMPs and monitoring Absence of formal provisions for SEA Lack of formal EIA review approach and decision-making Lack of provisions for EIA system monitoring and implementation No provisions for appealing Lack of specification of sectoral authority resposibilities Absence of formal provisions for SEA Lack of formal EIA review approach and decision-making Lack of provision for EIA system monitoring and implementation No requirement for consideration of alternatives and public participation Absence of formal provisions for SEA Lack of formal EIA review approach and decision-making Lack of provisions for EIA system monitoring and implementation Lack of specification of sectoral authorities resposibilities No requirement for public participation No procedural specification of time limits and provisions for appealing Absence of formal provisions for SEA Lack of formal EIA review approach and decision-making Lack of provisions for EIA system monitoring and implementation Lack of specification of sectoral authorities resposibilities No requirement for public participation No procedural specification of time limits and provisions for appealing Absence of formal provisions for SEA Lack of formal EIA review approach and decision-making Lack of provisions for EIA system monitoring and implementation No consideration of alternatives and no requirement for public participation Absence of formal provisions for SEA No provisions for appealing Lack of formal EIA review approach and decision-making Lack of provisions for EIA system monitoring and implementation Lack of specification of sectoral authorities resposibilities No requirement for public participation