Envi - Tal and NRM EIA PART (1) - 1
Envi - Tal and NRM EIA PART (1) - 1
(EIA)
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5.1 THE CONCEPT OF ENVIRONMENT
What is Environment?
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Cont.…
The (external conditions) natural factors such as
• land forms,
• soil,
• climate,
• vegetation,
• minerals,
Physical,
Social,
Cultural,
Economic and 33
Aesthetic dimensions.
A. PHYSICAL ENVIRONMENT
social cohesion,
educational factors,
religion,
norms,
values,
family structure,
politics …etc
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It serves as the basis for evaluating the potential impacts on
processes
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C. ECONOMIC ENVIRONMENT
D. Aesthetic environment
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5.2 ENVIRONMENTAL INVENTORY
Environmental inventory is a complete description of the
biological environment
socio-economic environment 86
WHAT ARE IMPACTS?
To measure an impact,
you must know what 96
the baseline situation is.
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5.3 Definition of EIA What is EIA?
There are many definitions of EIA.
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Cont.….
This definition demonstrates that EIA is a process that blends
numerous activities.
It shows that EIA encompasses a broad definition of the
environment, of alternatives, and of proposed actions.
The systematic exploration of interrelationships (e.g., among
environmental components, between the proposal and the
environment, among alternatives, among impacts) is clearly
crucial in EIA.
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All of These Definitions Share the Basic Concepts of:
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5.4 Historical Origins of EIA
The EIA of major developments have been undertaken in
developed countries, particularly in USA, Europe, and Japan, etc;
since 1950s.
In the 1960s and 1970s, the environmental movement resulted
in environmental groups becoming more active in many
countries.
Responding to the demands of these pressure groups, the
governments accepted the principle that citizen organizations
should get an opportunity to participate in the decision making
process of those major developments that could have
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significant environmental impacts .
Environmental impact assessment was first formally
established in the USA in 1969 and has since spread, in various
forms, to most other countries
The U.S. National Environmental Policy Act (NEPA) of 1969
was the first legislation to provide a robust/strong framework for
allowing all recognized environmental concerns to be addressed
simultaneously.
As a consequence, the USA enacted the first comprehensives
environment legislation- the National Environmental Policy Act
(NEPA) on January 1, 1970.
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CONT…
etc).
cont…
After a few years, the EIAs began to include biological and
ecological factors.
More recently, the EIAs have been broadened even further to
include socio-economic factors (employment opportunities,
cultural impacts, recreational factors, etc.), so that the trade-offs
amon1g6 socio-economic and environmental factors could be
evaluated.
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It is pertinent to note that NEPA predated the 1972 UN
conference in Stockholm where global concerns about the state
of the environment emerged, an indicator in its own right of
the mould as having the greatest international impact of any
American legislation.
Thus, the initiation of EIA indicates that it was environmental
crisis in the industrialized countries.
Most of the countries of the world, nowadays, almost
mandatorily require preparations of environmental impact
assessment and to get clearance from the environmental
authorities before they are granted permissions to proceed with
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higher costs,
failure of projects,
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5.7 EIA objectives
EIA objectives can be categorized in to long term and short term.
The long term objectives include the following:
Conservation and sustainable use of natural resources
Protection and enhancement of the quality of all life forms
Integration of environmental considerations in development
planning processes
protect human health and safety;
Avoid irreversible changes and serious damage to the environment;
Safeguard valued resources, natural areas and ecosystem
components; and 24
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Generally, the primary and secondary purposes of EIA include:
safeguarding valued ecological processes and heritage areas;
avoiding irreversible and unacceptable loss and deterioration of
natural capital;
Ensuring development is adjusted to the potentials and capacities
of the resource base;
optimizing natural resource use, conservation and management
opportunities;
protecting human health and community well being;
addressing distributional concerns related to the disruption of
people and traditional lifestyles;
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Improving coordination among participating agencies and actions;
fostering better designed and planned development projects, i.e.,
greener and more cost effective;
empowering community development and building local capacity
through public participation;
Instilling environmental values and accountabilities across arrange
of institutions; and
Internalizing environmental costs and damages in industry
consistent with the polluter pays principle.
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5.9 MISCONCEPTIONS ABOUT EIA
The introduction of EIA has encountered resistance on the part
of many planners and engineers, who have seen it as an
unneeded change to traditional practices, in spite of its intended
role in improving the project planning process.
EIA has been severely criticized in some parts of the developing
world as being inappropriate for application there.
Some of these criticisms include:
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MISCONCEPTIONS CONT…
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MISCONCEPTIONS CONT…
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Misconceptions about EIA and Counter Arguments
1. "EIA is too expensive"
This is not true. Costs of EIA are commonly around 1%,
sometimes up to 5% in complex cases of project costs, often
within normal variability of project costs.
EIA should be carried out efficiently, just like any other part of
the planning process. 3131
MISCONCEPTIONS AND COUNTER ARGUMENTS CONT…
2. "EIA is just an add-on and occurs too late to do any good"
EIA certainly has less value if done too late in the project cycle;
it must be done early enough so that results can be
incorporated into the detailed design.
If EIA is done too late, costs for redesign of the project can be
high, or the EIA is ignored.
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3. "EIA delays projects"
•If properly phased, EIA should no more delay projects than any
part of the planning process.
Often this has been true. This can be due to lack of a practical focus, and/or
poor training of practitioners.
There have been cases where EIA has been misused to stop
development.
However, this does not invalidate the use of EIA; it indicates a problem
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CHAPTER SIX
6. Components of Environmental
Impact Assessment System
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6.1. The Legal and Institutional framework of EIA
Terminologies
policies-are plan of actions adopted by an individual or social
group
Strategies -An elaborate and systematic plan of action
Laws-The collection of rules imposed by authority set of laws,
regulations and rules that apply in a particular country
guidelines-A detailed plan or explanation to guide you in setting
standards or determining a course of action
• A rule or principle that provides guidance to appropriate behavior
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Standards-A basis for comparison; a reference point against which
other things can be evaluated
• The ideal in terms of which something can be judged
Legal framework- Established by or founded upon law or official
or accepted rules
Convention- (diplomacy) an international agreement
Proclamation-A formal public statement
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The general concept of a legal and institutional framework is:
• to provide law and policymakers with the practical information
and guidance to understand,
• to develop or strengthen the legal and institutional capacity for
a specific environmental-management issue.
A framework can be applicable at either the international, regional
or national level or a combination of these levels.
Some nations have improved the capability of their domestic
legislative systems to include references to the regional and
international laws.
An important aspect of a framework can be the need for
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cooperation and coordination between various countries in the
region to effectively address their environmental problems.
The activity around the world over the last decades to create or modify legal and
institutional frameworks to implement the objectives of multilateral treaties and
conventions has produced lessons that can benefit national and regional
environmental law reform procedures.
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A discussion of the role of legal principles, tools and
other elements in the design of national legal measures
and procedures to prevent or minimize environmental
degradation.
An indication of elements that could be featured in
regulatory regimes.
The mechanisms for compliance, accountability and
responsibility in environmental management.
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Environmental impact assessment needs:
policy/policy making body
legislation/legislation body
Directives/ instructions
Enforcement
Coordination of the different authorities/ministries
bodies involved
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It is also imperative to know/define:
• Who conducts EIA?
• Who reviews EIA?
• Which projects need EIA?
•What /which are the guidelines, norms etc to prepare EIA?
All the above mentioned points require a well- established legal
system pertaining to environmental impacts of development
activities in a country or region.
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6.2. Steps and Activities of Environmental Impact
Assessment Process
The particular components, stages and activities of an EIA process
will depend upon the requirements of the country or donor.
However, most EIA processes have a common structure
The application of the main stages is a basic standard of good
practice.
Typically, the EIA process begins with screening to ensure time
and resources are directed at the proposals that matter
environmentally.
It should end with some form of follow up on the implementation
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of the decisions and actions taken as a result of an EIA report.
EIA process
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Step1. Screening: Understand the proposed activity
Screening is the process used to determine whether a proposed
project or activity requires an EIA and, if so, what level of
environmental review is necessary.
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Understand the
proposed activities
Once we understand the development objective,
What is being
proposed? we must fully understand what is being proposed.
Why is the activity This includes associated actions!
being proposed?
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Screen the activity
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It would be time consuming and a waste of resources for all proposed
projects and activities to undergo EIA
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The time taken to complete the screening process will depend
upon the type of proposal(un hour to 90days)
Screening Outcomes:
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The screening checklist should include a section on site
location characteristics, including, at a minimum, the four
categories of environmentally critical areas:
National Parks,
Tourist area,
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Step2. Scoping
is the process of determining which are the most critical issues to
study and will involve community participation to some degree.
It occurs early in the project cycle at the same time as outline planning
and pre-feasibility studies
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Scoping is important for two reasons
• First, that problems can be pinpointed early allowing mitigating
design changes to be made before expensive detailed work is
carried out
• Secondly, to ensure that detailed prediction work is only carried
out for important issues
If key issues are identified and a full scale EIA considered necessary
then the scoping should include terms of reference for these further
studies.
Provides for scoping as a formal decision-making step in the EIA
process (e.g., approval of terms of reference, potential for proposal
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rejection).
At this stage the option exists for cancelling or drastically revising the project
should major environmental problems be identified.
Once this stage has passed, the opportunity for major changes to
the project is restricted
A major activity of scoping is to identify key interest groups, both
governmental and non-governmental, and to establish good lines
of communication.
The outputs of scoping are scoping report and ToR (Terms of
Reference) for detailed assessment or a full EIA study
Responsibility for scoping lies with the proponent, the EIA
authority or with the practitioners.
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There are three types of boundaries to be considered in an EIA
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Scoping reports and Terms of reference
Terms of Reference for a full EIA has to cover some or all of the
following items:
An introduction: This should introduce the proponent, the project
proposal, and the purpose and objectives of the study.
Project- related information: The project proposal and project
alternatives should be described here.
Relevant (existing) background studies can be summarized to
provide an indication of the kinds of information available to the
study.
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Specific EIA requirements: Environmental issues likely to be of
particular relevance to the project should be outlined here.
The need for the EIA to address measures for avoiding, mitigating
and managing impacts must be clearly stated.
Field versus deskwork: Expectations regarding the level of field
work, such as ground trothing and updating existing information
sources, or requirements for new surveys etc. should be indicated.
Working relationships: The nature of the relationship between the
EIA team, the proponent, the government and the public, must be
discussed.
Time: The duration and schedule for undertaking and reporting on
the EIA process should be specified. 64
Reporting requirements: ToR should specify the format and main
boundaries);
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The means for making changes to the ToR if necessary.
Step 3: Impact Analysis
→ Type biophysical, social, health or economic
→ Significance* unimportant/important
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Tools for Impact Analysis
Checklists
Matrices
Overlays and geographical information systems (GIS)
Expert systems
Professional judgement
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Step 4: Impact Prediction and Mitigation
Once the scoping exercise is complete and the major impacts to be
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This stage forms the central part of an EIA
An important outcome of this stage will be recommendations for
mitigating measures.
This phase of an EIA will require good management of a wide
range of technical specialists with particular emphasis on:
• prediction methods;
• interpretation of predictions, with and without mitigating
measures;
• assessment of comparisons.
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Framework for Impact Mitigation
Common (desirable)
Alternative sites or
Avoidance technology to
eliminate habitat loss
Actions during
design, construction and
Mitigation operation to minimise or
eliminate habitat loss
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Step 5: Reporting
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Step 6: Review
Review the quality of the EIA report.
Take public comments into account.
Determine if the information is sufficient.
Identify any deficiencies to be corrected.
Who Perform the review?
environmental agency — Canada (comprehensive studies),
standing commission — Netherlands,
inter- agency committee — USA,
planning authority — UK
independent panel — Canada (public inquiries) 72
Step 7: Decision Making
To provide key input to help determine if a proposal is
acceptable
To help establish environmental terms and conditions for project
implementation.
Step 8: Monitoring
Ensure the implementation of conditions attached to a decision.
Verify that impacts are as predicted or permitted.
Confirm that mitigation measures are working as expected.
Take action to manage any unforeseen changes.
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Key components of Monitoring
Establish baseline conditions.
Measure impacts of a project as constructed.
Verify conformity with established with conditions and
acceptable limits.
Establish links to environmental management plans.
Carry out periodic checks and third-party audits
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Public Involvement in the EIA Steps
Screening To consult people likely to be affected by proposal.
EIA report
Decision making
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Adaptive– EIA should be adjusted to the realities, issues and
circumstances of the proposals under review.
Participative– EIA should provide appropriate opportunities to
inform and involve the interested and affected publics, and their
inputs and concerns should be addressed explicitly.
Transparent– EIA should be a clear, easily understood and open
process, with early notification procedure, access to documentation,
and a public record of decisions taken and reasons for them.
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Rigorous– EIA should apply the ‗best practicable‘ methodologies
to address the impacts and issues being investigated.
Practical– EIA should identify measures for impact mitigation that
work and can be implemented.
Credible– EIA should be carried out with professionalism,
precision, fairness, objectivity, impartiality and balance.
Efficient–EIA should impose/enact the minimum cost burden on
proponents consistent with meeting process requirements and
objectives.
Source: Sadler, 1996; IAIA and IEMA, 1999.
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CHAPTER SEVEN
UNDERTAKING EIA
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saving in capital and operating costs
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Costs of EIA
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Costs of EIA
decision makings.
Poor availability and reliability of data
Insufficient training/education in EIA methodologies and in the
establishment of appropriate legal and regulatory frameworks
and institutional arrangement
Negligence of beneficial impacts in EIA reports
Lack of consideration of alternative sites, technologies, designs
and strategies
Insufficient involvement and participation of all interested and
affected parties
Insufficient emphasis on required cost effectiveness of EIA 86
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Lack of follow up monitoring and evaluation
Inappropriate recommendations–mitigation/adaptation measures
which are not affordable or feasible in terms of maintenance.
Poor presentation of EIA results.
With appropriate planning and integration of environmental concerns
into development projects, environmental impacts can be minimized and
social impacts can be completely mitigated.
Thus we assure at the notion of sustainable development “improving the
quality of human life, while living within the carrying capacity of
supporting ecosystem”.
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Chapter Eight
(EIA) in Ethiopia
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8.1. Overview of EIA System in Ethiopia
• Ethiopia is highly vulnerable to grave environmental degradation
benefits. 89
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• Thus, neglected environmental and social, as well as long term
economic dimensions,
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Nations have the right to participate in national development
and, in particular, to be consulted with respect to policies and
projects affecting their community.
All international agreements & relations concluded, established
or conducted by the state shall protect and ensure Ethiopia’s
right to sustainable development.
The basic aim of development activities shall be to enhance the
capacity of citizens for development and to meet basic needs.
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ARTICLE, 44: ENVIRONMENT RIGHTS
All persons have the right to live in a clean and healthy environment.
All persons who have been displaced or whose livelihoods have been adversely
affected because of state programs have the right to commensurate monetary or
alternative means of compensation, including relocation with adequate state assistance.
Article, 92: Environmental Objective
Government shall endeavor to ensure that all Ethiopians live in a clean and
healthy environment.
The design and implementation of programs and projects of development
shall not damage or destroy the Environment.
People have the right to full consultation and the expression of views in the
planning and implementation of environmental policies and projects that
affect them directly.
Government and citizens shall have the due to protect the environment 96
2. EIA Law
Following the provisions of the environment policy, the Ethiopian
government introduced the Environmental Impact Assessment Proclamation
(Proclamation № 299 of 2002).
The EIA Proclamation (federal proc. No. 299/2002): has made it mandatory
that development projects are required to be subjected to EIA scrutiny.
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Concerning the needs of EIA, the following basic issues are
contained.
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4. International Conventions
In addition to national environmental legislations, the federal
democratic republic of Ethiopia is also a party to a number of
regional and international conventions and protocols on
environment.
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6. Legislative Instruments
1. EIA (Proclamation No. 299/2002
This Proclamation (No 299/2002) aims primarily at making the EIA
mandatory for categories of projects specified under a directive issued by
the EPA.
6. Compensation
Proclamation No. 455/2005), the basis and amount of compensation is 10
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clearly explained.
8.2.3. The Institutional Framework of EIA
The current system of government in Ethiopia is organized into a
federal structure, comprised of a federal government and twelve
regional states.
Government administration of EIA in Ethiopia is thus shared between
the federal government and regional states.
This section provides an overview of the institutions responsible for, and
relevant to, the administration of EIA in the country.
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Environmental protection organs
The Environmental Protection Organs Establishment Proclamation
(Proclamation № 295/2002) established the institutions responsible for
regulation of EIA; these include the
Environmental Protection Authority,
Regional Environmental Agencies and
the Sectoral Environmental Units.
a) Environmental protection authority(EPA)
EPA is the lead federal environmental organ with the objective of formulating
policies, strategies, laws and standards to ensure social and economic
development activities in the country sustainably enhance human welfare and
the safety of the environment (Art. 6) 10
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The regulation of EIA is one of the key responsibilities
entrusted/delegated to the EPA.
In this respect, EPA is responsible for establishing a system for
undertaking EIA on public and private projects as well as on
social and economic policies, strategies, laws and programs.
Specifically, it is responsible for developing a directive that
identifies categories of projects likely to have negative impact and
thus require EIA, and for issuing guidelines that direct the
preparation and evaluation of EIA study reports (Proclamation
№ 299/2002, Art. 5 & 8).
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In addition, EPA is responsible for evaluating the EIA study
reports on projects subject to federal licensing, execution or
suspension and on projects likely to create inter-regional impacts.
The EPA is also responsible for auditing and regulating the
implementation of such projects.
Moreover, EPA is responsible for giving technical support
pertaining to environmental management and protection to
regional states and sectoral institutions.
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b) Regional environmental agencies
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Relating to EIA specifically, the Environmental Impact
Assessment Proclamation (Proclamation № 299 of 2002) gives
regional environmental agencies the responsibility to evaluate
the EIA study reports on projects that are licensed, executed
or supervised by regional states and that are not likely to
entail inter-regional impacts.
Regional environmental agencies are also responsible for auditing
and regulating the implementation of such projects.
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The institutional standing of regional environmental agencies
varies from region to region.
In some regions, they are established as separate institutions,
while in others they are constituted within other institutions.
For instance, in the Oromiya Regional State, an Environmental
Protection Office is established as separate institution,
while in the SNNPR State, the regional environmental organ is
situated within the Bureau of Agriculture and Rural development
as an EIA and Pollution Control Team.
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c) Sectoral environmental units
The other environmental organs created by the Environmental
Protection Organs Establishment Proclamation (Proclamation №
295/2002) are the ―Sectoral Environmental Units,‖ which are
mandated to be established at every competent agency with the
responsibility of coordinating and following up activities in
harmony with environmental protection laws and requirements
(art. 14).
Such sectoral environmental units can play important role in
ensuring that EIA is carried on development projects and public
instruments initiated by government institutions. 11
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However, sectoral environmental units have not been established
as yet in most of the relevant federal institutions, except at the
Ethiopian Roads Authority,
Ethiopian Electric Power Corporation and
the Ministry of Water Resources.
Kebede (2006) reported that at the regional level, not a single
sectoral environmental unit has been established as yet.
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Sectoral institutions relevant to EIA
a) Licensing institutions
Ministry/Bureau of Trade and Industry
Business activities are regulated at the federal level by the federal
Ministry of Trade and Industry, and
by the Bureaus of Trade, Industry and Transport at regional levels
(Proclamation № 67/1997).
These institutions have the power to issue business licenses for most
commercial activities and the obligation to see that they are operated in
accordance with the law.
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Ministry/Agency of Mines and Energy
The Ministry of Mines and Energy is responsible for the
development and proper utilization of mineral resources in the
country (Proclamation 4/1995 article 15).
In relation to this, the ministry has the responsibility to, among
other things, prepare laws on the utilization of natural resources,
issue licenses to private investors engaged in large-scale mining
activities and supervise their operations.
Regional Agencies of Mines and Energy are responsible for
regulating the utilization of mineral resources at regional levels.
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b) Natural resources management institutions
Ministry/Bureau of Agriculture and Rural Development
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o It is responsible for the management of land, forest, wildlife and
biodiversity resources (Proclamation No 110/2007).
o Relating to the wider land use domain, ARDB is expected to,
inter alia,
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Ministry/ Bureau of Water Resources
The Ministry of Water Resources (MoWR) is the lead federal
institution responsible for the conservation, utilization and
development of water resources in the country (Proclamation No
4/95).
Specifically, MoWR has the responsibility, inter alia,
to formulate legislation on the conservation and utilization of water
resources;
develop plans on the proper utilization of the country‘s water resources for
development, and, upon approval, supervise their implementation; and
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By incorporating EIA authorization into their loan policies,
financial institutions can help ensure that development projects
comply with the EIA requirement.
Development Bank of Ethiopia, the major long-term
development loan provider in the country, has incorporated
environmental impact into its loan policy.
The Development Bank of Ethiopia thus requires loan applicants
to present EIA authorization from environmental agencies as a
requirement for obtaining loan.
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8.3. Actors in the EIA Process in Ethiopia
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2. Consultant
. Statutory consultees are an important group in the EIA process.
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. The competent agency must not be responsible for conducting EIA,
as this would constitute a serious conflict of interest in the
decision-making process.
The Competent Agency should:
ensure that the evaluation/review and decisions provided
are done efficiently and within reasonable time and that the
proponent is informed timorously of any delays that may be
incurred through the review process; and
ensure that the proponent is informed of any shortfalls
in the process as identified through the reviews.
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8.4. Components of Environmental Impact Statement
a. Air Environment
Identifying the impact zone (using a screening model) and
establishing a monitoring system.
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b. Noise Environment
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c. Water Environment
Quantitative and qualitative assessment of current ground and surface
water resources within the proposed project's effect zone.
An assessment of the flora and fauna found within the project's effect zone.
Damage to aquatic and marine flora and fauna (including commercial fishing) as
a result of physical disturbances and changes.
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e. Land Environment
Within the impact zone, studies on soil properties, existing land
use and topography, landscape, and drainage patterns are being
conducted.
EPA also plans to assist sectoral and regional agencies with the view to enhance
their capacity in all possible aspects.
The Development Bank of Ethiopia has made EIA a requirement for credit
purposes; i.e., it loans money to investors only after they present the approved
review of the EISR, making it a pioneer in greening its credit policy.
A booklet published by
1. Lack of Awareness
Very little is known about EIA in Ethiopia.
One of the reasons for such low level of knowledge about EIA is
that the lawmaking process has not been participatory.
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3. Lack of implementing laws:
The EIA Proclamation was made years ago there is no enforcement
mechanisms in place in order to specifically determine the liability of
proponents to undertake EIA before licensed with an investment permit, as
the proclamation strictly prohibits the commencement of any projects
requiring EIA before appropriate assessment is made (Proclamation
299/2002, Art. 5).
In this regard, the power entrusted to EPA in ensuring and evaluating full
implementation is not fully applied, as this decision is made by the
Investment Agency and not by EPA.
However, in most cases Ethiopia‘s Investment Proclamation does not make EIA
a requirement to make the decision whether to permit the investment, and
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practically most projects are granted approval without the say so of the
environmental agency.
the major reasons behind the miscommunication between the
authority and the investment agency is due to the absence of legal
means to enforce the law, as the EIA law is very dated and has not
been adapted since the time of introduction of the proclamation.
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However, there are problems surrounding this provision.
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5. The EPA:
As indicated on the EIA Proclamation in most of the cases (Proclamation
299/2002, Art. 5) EPA is given the authority to regulate the activities carried
out by the proponent and also by the government.
But, in reality EPA does not have capacity and legal means to enforce the law.
As a result, most government offices are run hierarchically at a higher level than
EPA.
Therefore, enhancing the capacity of both consultants and EPA at all level is
important to improve the capacity building of the EIA system of the country.
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6. Weak Political Commitment
The Ethiopian government now is highly involved in activities with the
intent to alleviate poverty as soon as possible.
While this goal is noble, as it often occurs, when we strive to achieve one
goal, we seriously affect another important interest, unless we take care
to address all of the problems we have in a systematic way.
To ensure sustainable development, its three pillars – namely,
economic growth,
social development and
environmental protection – must be proportionately considered
If one of these pillars is missing, we cannot achieve the development
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we desire. 5
An activity that focuses on any one of the three pillars at the cost of
ignoring one or two of the other pillars will significantly affect the
sustainability of our development.
Most countries, including Ethiopia, give much more emphasis to
economic growth than to dealing with environmental issues.
Yet the history of efforts to alleviate poverty clearly shows that such a
narrow focus will not carry us far.
In spite of the measures taken by the government, such as
establishing environmental institutions and enacting laws, which
show a commitment to environmental concerns, the established
institutions however suffer from heavy political pressures 14
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remain focused on growth.
All the relevant institutions are understaffed and lack the
necessary power to fulfill their duties.
The existing laws do not have enforcement mechanisms, are not
dynamic, are feeble and are easily circumvented by economically
oriented legislations.
Of course, it is possible to attain economic development at high
social as well as environmental costs.
Nevertheless, this variety of economic growth is not equitable
and is most likely short-lived.
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