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Envi - Tal and NRM EIA PART (1) - 1

Chapter Five discusses the basic concepts of Environmental Impact Assessment (EIA), defining the environment and its various dimensions, including physical, social, economic, and aesthetic factors. It outlines the purpose and historical origins of EIA, emphasizing its importance in evaluating the potential impacts of proposed actions on the environment. The chapter also addresses misconceptions about EIA and highlights its objectives and characteristics for effective implementation.

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0% found this document useful (0 votes)
26 views148 pages

Envi - Tal and NRM EIA PART (1) - 1

Chapter Five discusses the basic concepts of Environmental Impact Assessment (EIA), defining the environment and its various dimensions, including physical, social, economic, and aesthetic factors. It outlines the purpose and historical origins of EIA, emphasizing its importance in evaluating the potential impacts of proposed actions on the environment. The chapter also addresses misconceptions about EIA and highlights its objectives and characteristics for effective implementation.

Uploaded by

Simegn Mulugeta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Chapter Five

Basic Concept of Environmental Impact Assessment

(EIA)

11
5.1 THE CONCEPT OF ENVIRONMENT
What is Environment?

 The term environment come from a French word “Environner”


meaning “to encircle” or “to Surround ”.

 So, environment is a complex combination of things which


surround an organism.

 Environment is the surrounding which encompasses all the


external conditions influencing development or growth of people,
animals, and /or plants.

22
Cont.…
 The (external conditions) natural factors such as
• land forms,

• soil,

• climate,

• vegetation,

• minerals,

• water, air, etc

together influence the human factors like demography, economy,


culture, social attitudes and institutions.
 Therefore, the term environment includes

 Physical,

 Social,

 Cultural,

 Economic and 33

 Aesthetic dimensions.
A. PHYSICAL ENVIRONMENT

 This includes the physical, chemical and biological factors,


both natural as well as man made which include:

 Land and climate, vegetation, wildlife and natural areas,

 surrounding land use and physical character of the area,


 infrastructure
 air pollution
 noise pollution
 water pollution levels
44
B. SOCIAL ENVIRONMENT
 This include large number of factors such as:
 population density,
 community composition,

 social cohesion,

 educational factors,

 religion,

 norms,

 values,

 governing the people,

 family structure,

 politics …etc
55
 It serves as the basis for evaluating the potential impacts on

the environment (B&A) of a proposed action.

 development of inventory represents an initial step in the EIA

processes

66
C. ECONOMIC ENVIRONMENT

 This includes all economic factors like:

 employment and unemployment,

 levels and sources of income, etc

D. Aesthetic environment

 This subcategory includes factors such as historical,


archeological and architectural objects or sites.

77
5.2 ENVIRONMENTAL INVENTORY
 Environmental inventory is a complete description of the

environment as it exists in an area where a particular proposed

action is being considered.

 The inventory is compiled from a check of descriptors for:

 the physical-chemical environment

 biological environment

 cultural environment, and

 socio-economic environment 86
WHAT ARE IMPACTS?

The impact of an activity is the change from the baseline


situation caused by the activity.

 The baseline situation is the existing


environmental situation or condition in the
absence of the activity.
 The baseline situation is a key concept in
environmental impact assessment.

To measure an impact,
you must know what 96
the baseline situation is.
10
6
5.3 Definition of EIA What is EIA?
There are many definitions of EIA.

• The following are the sample of some of these


definitions which indicate the nature of the process,
including;

• "an assessment of impacts of a planned activity on the


environment" (United Nations)

• "EIA is the systematic process of identifying the future


consequences of a current or proposed action" (IAIA)
11
7

International Association for Impact Assessment (IAIA)


• the process of identifying, predicting, evaluating, and mitigating,
the biophysical, social, and other relevant effects of development
proposals prior to major decisions (IAIA).

• is an activity which identifies, predicts, interprets and communicates


information, and proposes ameliorative measures, about impacts of
a proposed action or development proposal on human health and the
well-being of the ecosystem upon which human survival depends"
(Sadar et al., 1994).
• It is also defined as a formal process for identifying the likely effects of
particular activities or projects on the bio geographical environment, and on
human health and well-being, along with interpreting and communicating
information about these likely impacts. 12
7
Implications of an EIA Definition
EIA is defined as a systematic process of:
 Determining and managing (identifying, describing, measuring,
predicting, interpreting, integrating, communicating, involving,
and controlling) the Potential impacts (direct and indirect,
individual and cumulative, likelihood of occurrence) of
Proposed (or existing) human actions (projects, plans, programs,
legislation, activities) and their alternatives on the Environment
(physical, chemical, biological, ecological, human health,
cultural, social, economic, built, and interrelations).

13
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.

14
All of These Definitions Share the Basic Concepts of:

15
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
16
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.

17
CONT…

 This US action was followed by Canada, when the Canadian


Federal government established an environmental assessment
and review process in 1973.

 Many other countries then followed suit, particularly after the


creation of the UN Environment Programme (UNEP).
 The EIA process has, thus, evolved since the early 1970s.
 In the initial years, however, the emphasis was on assessing the
impacts on measurable factors, particularly those for
which some prescribed standards are available (such as
the air quality, water quality, solid waste disposal,
18

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.

19
 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
20
17

the designated classes of the work.


5.5 REASONS FOR USING EIA
 EIA has been developed as a result of the failure of traditional
project appraisal techniques to account for environmental
impacts.

 Many development projects in the past were designed and


constructed in isolation from any consideration of their impacts
on the environment, resulting in:

 higher costs,

 failure of projects,

 significant environmental change,and


21

 negative social effects


5.6 AIMS OF EIA
 Despite differences in individual EIA systems throughout the
world, the EIA process shares certain aims:

 to provide decision-makers with analysis of the total


environment so that decisions can be made based on as nearly
complete and balanced information as possible;

 to assess and present intangible/unquantifiable effects that


are not adequately addressed by cost/benefit analysis and other
technical reports;
22
CONT….

 To provide information to the public on a proposal;


 To formalize the consideration of alternatives to a proposal
being considered, in order that the least environmentally harmful
means of achieving the given objective can be chosen;
 To improve the design of new developments and safeguard
the environment through the application of mitigation and
avoidance measures

23
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

 enhance the social aspects of the proposal.


The short term objectives include the following:
 To assess the nature, intensity and duration of impact of proposed development
projects
 To promote local community and public participation in the EIA processes of a
project
 To promote social and cultural considerations in project design
 improve the environmental design impact of the proposal;
 ensure that resources are used appropriately and efficiently;
 identify appropriate measures for mitigating the potential impacts of the
proposal; and
 Facilitate informed decision making, including setting the environmental terms
and conditions for implementing the proposal.

25
22
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;
26
24
 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.

27
24
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:

28
24
MISCONCEPTIONS CONT…

29
MISCONCEPTIONS CONT…

27

30
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.

 In contrast, EIA often results in cost saving through reduced


changes to the project at later stages, or through identification
of easier and more efficient ways to meet project goals.

 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.

32
29
3. "EIA delays projects"
•If properly phased, EIA should no more delay projects than any
part of the planning process.

•It should be done in parallel with other activities.

4. "EIA is too complex"

 This is not true.

 EIA is a simple process. Sometimes, however, the potential


impacts can be complex and therefore difficult30to quantify.

 The degree to which you must investigate these questions as part


of the planning process must be relative to the overall
33

significance of the impacts.


CONT…
5."EIA doesn't produce useful results"

 Often this has been true. This can be due to lack of a practical focus, and/or
poor training of practitioners.

 When carried out properly, EIA is a valuable part of project planning.

6. "EIA will be misused to stop development"

 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
31

with how it is being coordinated.


34
 A properly carried out EIA process is much more likely to generate
support for development.
7. "We're too poor to afford EIA"
 This is never true.
 No country is "too poor" to do its planning properly.
 Bad planning means failing projects, and these are often projects
paid for by the country through development loans.
 Bad planning means lack of sustainability.
 Bad planning means extra costs to society.
 Poor countries can't afford such costs.
 May be wealthy, developed countries can arguably afford to waste
and destroy resources, but poor ones definitely can't.
 EIA is therefore even more important for developing countries35than
for developed ones.
5.10 What are the characteristics of a good EIA?
 The characteristics of environmental impacts vary in
 Type- biophysical, social, health or economic
 Nature (positive, negative, direct, indirect);
 Magnitude (severe, moderate, low);
 Extent/location (area/volume covered, distribution
(local, regional, global));
 Timing (during construction, operation,
decommissioning, immediate, delayed, rate of change);
 Duration (short term, long term, intermittent,
33 36
Con……..
 Reversibility/irreversibility;
 Likelihood (probability, uncertainty or confidence in the
prediction); and
 Significance (unimportant/important).
 Impact significance is not necessarily related to the impact magnitude.
Sometimes very small impacts, such as the disturbance of the nest of a pair of
endangered birds, may be significant.
 When determining the significance of the potential impacts of a proposal, all of
the above factors should be taken into consideration.

37
33
CHAPTER SIX
6. Components of Environmental
Impact Assessment System

38
34
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

39
34
 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

40
34
 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
41
34
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.

Key international developments in EIA law, policy and institutional


arrangements – the last decades
 Rio Declaration on Environment and Development calls for use of
EIA as an instrument of national decision-making (Principle 17);
other principles also relevant to EIA practice (e.g. Principle 15 on
the application of the precautionary approach).
 UN Conventions on Climate Change and Biological Diversity
42
(1992) cite EIA as an implementing mechanism (Articles 4 and3414
respectively refer)
 Comprehensive reform of long-established EIA systems; e.g. New
Zealand (1991), Canada (1995), Australia (1999).
 New or revised EIA legislation enacted by many developing and
transitional countries; e.g. Vietnam (1993), Uganda (1994),
Ecuador (1997).
 EIA requirements and procedures applied by international
financial and aid agencies to loans and projects in developing
countries.

 EC Directive on SEA of certain plans and programmes (2001)


which is to be implemented by member states by 2004. 43
34
 UNECE (or Espoo) Convention on EIA in a Trans boundary Context
(1991) entered into force in 1997 as the first EIA-specific international
treaty.
 Doha Ministerial Declaration encourages countries to share expertise
and experience with members wishing to perform environmental reviews
at the national level (November 2001).
 UNECE (or Aarhus) Convention on Access to Information, Public
Participation in Decision Making and Access to Justice in Environmental
Matters (1998) covers the decisions at the level of projects and plans,
programmes and policies and, by extension, applies to EIA and SEA
(Articles б and 7 respectively refer). 44
34
In general, a legal and institutional framework for natural-
resources management should feature:
 An overview of the current international legal regime, outlining
the key legal approaches, principles and tools in the international
law that could be considered in shaping regional and national
frameworks.
 The structure of a national framework should have the ability to
consider complex scientific issues in a legal context.

45
34
 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.

46
34
Environmental impact assessment needs:
 policy/policy making body
 legislation/legislation body
 Directives/ instructions
 Enforcement
 Coordination of the different authorities/ministries
bodies involved

47
 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.

48
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
49
of the decisions and actions taken as a result of an EIA report.
EIA process

50
37
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.

51
37
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?

Eg., PRIMARY ACTIVITY: construction of diversion


dam & irrigation canal
ASSOCIATED ACTIONS:
•Survey
•negotiate land tenure
•construct borrow pit
•establish construction camp
•construct temporary diversion structure
•dispose of soil, debris
52
Screen each activity SCREENING is the process of asking a
Based on the nature of very basic set of questions about the nature
the activity, what level of of activity.
environmental analysis is
indicated?
Example of screening questions: Does the
activity involve:
•penetration road building?
•large-scale irrigation?
•introduction of non-native crop or agro-
forestry species?

53
Screen the activity

Screen each SCREENING is the process of asking a very


activity basic set of questions about the nature of
Based on the activity.
nature of the
activity, what Example of screening questions: Does the
level of activity involve:
environmental •penetration road building?
analysis is •large-scale irrigation?
indicated?
•introduction of non-native crop or agro-
forestry species?

54
 It would be time consuming and a waste of resources for all proposed
projects and activities to undergo EIA

 Not all development projects require an EIA, as some projects may


not pose an environmental threat

 The purpose of screening is to determine whether a proposal


requires an EIA or not and the level at which the assessment should
occur.

 Identify those projects or activities that may cause potential


significant impacts environment

55
54
 The time taken to complete the screening process will depend
upon the type of proposal(un hour to 90days)

 Screening Outcomes:

» Full EIA required

» Preliminary assessenment required

» EIA not required

56
55
 The screening checklist should include a section on site
location characteristics, including, at a minimum, the four
categories of environmentally critical areas:

 National Parks,

 Indigenous people’s area,

 Tourist area,

 Ecologically sensitive area)

57
Step2. Scoping
 is the process of determining which are the most critical issues to
study and will involve community participation to some degree.

 Scoping (focusing or bounding) is the process of identifying the key


environmental issues and is perhaps the most important step in an
EIA.

 It is used to identify information needs, determine study boundaries, and to


review alternative options to the project.

 It occurs early in the project cycle at the same time as outline planning
and pre-feasibility studies

58
 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
59
rejection).
 At this stage the option exists for cancelling or drastically revising the project
should major environmental problems be identified.

 Scoping procedures can, for example, be applied to determine which

 alternatives, issues, environmental components, and impacts should be


considered,

 To decide on which interests should be represented

 To bound the consideration of indirect and cumulative effects,

 To decide on which proposal characteristics are relevant to the impact


analysis,

 To determine which areas of uncertainty should be considered further,


and

 To decide on the scope or coverage of EIA documents.


60
 Equally it may be the end of the EIA process should the impacts be
found to be insignificant.

 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.
61
 There are three types of boundaries to be considered in an EIA

study: spatial, temporal and institutional

 The results of scoping must be presented in a clear and logical


way so that the significance of potential impacts can be
understood clearly.
 The means of presentation should also provide opportunities for
feedback and dialogue.
 Such techniques include video, role play, meetings and
group discussion.

62
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.

63
 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

headings for the EIA study report.

 The impacts and issues to be studied;

 The studies to be carried out (e.g. approach, time & space

boundaries);

 The requirements for mitigation and monitoring;

 The information and data to be included in the EIA report;

 The timeframe for completion of the EIA process; and

65
 The means for making changes to the ToR if necessary.
Step 3: Impact Analysis
→ Type biophysical, social, health or economic

→ Nature direct or indirect, cumulative, etc.


→ Magnitude or high, moderate, low
severity

→ Extent local, regional, trans-boundary or global

→ Timing immediate/long term


→ Duration temporary/permanent

→ Uncertainty low likelihood/high probability


→ Reversibility reversible/irreversible

→ Significance* unimportant/important
66
63
Tools for Impact Analysis
 Checklists
 Matrices
 Overlays and geographical information systems (GIS)
 Expert systems
 Professional judgement

67
64
Step 4: Impact Prediction and Mitigation
 Once the scoping exercise is complete and the major impacts to be

studied have been identified, prediction work can start.

 to avoid, minimize or remedy adverse impacts

 to ensure that residual impacts are within acceptable levels

 to enhance environmental and social benefits

68
65
 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.

69
65
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

Used as a last alternative


Compensation to offset habitat loss
Rare (undesirable)

70
Step 5: Reporting

Different name of EIA reports


 Environmental Impact Assessment Report (EIA Report)
 Environmental Impact Statement (EIS)
 Environmental Statement (ES)
 Environmental Assessment Report (EA Report)
 Environmental Effects Statement (EES)

71
67
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.

73
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

74
Public Involvement in the EIA Steps
Screening To consult people likely to be affected by proposal.

Scoping To ensure that significant issues are identified; project


related information is gathered, alternatives are
considered.
Impact analysis
To avoid biases/inaccuracies in analysis; identify local
M itigati on
values/ preferences; assist in consideration of mitigation
and impact
m anage ment measures; select best alternative.

EIA report

Review To consider and comment on EIA Report

Decision making

To monitor the implementation of EIA Report‘s recommendations


Implementation 75
and monitoring and decision‘s conditions.
Guiding principles of EIA

Guiding principles of EIA good practice

Purposive– EIA should meet its aims of informing decision

making and ensuring an appropriate level of environmental

protection and human health.

Focused– EIA should concentrate on significant environmental

effects, taking into account the issues that matter.

76
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.

77
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.
78
CHAPTER SEVEN

7. THE COSTS AND BENEFITS OF

UNDERTAKING EIA

Group discussion (10min)


1. What is the benefits of undertaking EIA?

2. What are the costs of EIA?


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38
7.1. Benefits of EIA

The potential benefits of EIA are:


 It creates an opportunity for public participation.

 increase project acceptance of the project from the public

 EIA increases protection of human health.

 EIA ensures the sustainable use of natural resources.

 It reduces project costs and delays.

 EIA minimizes risks of environmental disasters.


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65
 EIA ensures the government responsibility to the project.
 It creates alternatives and mitigating impacts.
 EIA helps to conserve biodiversity.
 EIA ensures the reduction of environmental pollutions.
 It helps to eradicate the harmful pollutants originated due to a
project.
 EIA helps to originate a balanced environment between

industries and settlements.

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65
 saving in capital and operating costs

 environmentally sound and sustainable design

 facilitate better decisions

 better compliance with environmental standards

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65
Costs of EIA

Implementation of EIA faces problems due to,


 It can be difficult to determine the exact costs of an EIA
because major projects typically require a large number of
investigations and reports, often for closely related purposes
(e.g. engineering feasibility studies of hydrology and surface
materials).
 The World Bank notes that the cost of preparing an EIA rarely
exceeds one per cent of the project costs and this percentage
can be reduced further if local personnel are used to do most of
the work. 83
38
Costs of EIA

 For Bank projects, the relative cost of an EIA typically ranges


from only 0.06% to 0.10% of total project costs.
 The total cost of an EIA might range from a few thousand
dollars for a very small project, to over a million dollars for a
large and complex project, which has a significant
environmental impact and requires extensive data collection and
analysis.

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38
Costs of EIA

 Although many proponents complain that EIA causes excessive


delays in projects, many of these are caused by poor
administration of the process rather than by the process itself.
These occur when:
 the EIA is commenced too late in the project cycle;
 the terms of reference are poorly drafted;.
 the EIA is not managed to a schedule;
 the technical and consultative components of EIA are
inadequate; and
 the EIA report is incomplete or deficient as a basis for
85
38

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
38
 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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38
Chapter Eight

8. Environmental Impact Assessment

(EIA) in Ethiopia
88
38
8.1. Overview of EIA System in Ethiopia
• Ethiopia is highly vulnerable to grave environmental degradation

mainly due to unwise use of natural resources and poorly planned

development projects, prompted by rapid population growth.

• This is because the environment has not featured on the

development agenda in the past,

• since project evaluation and decision making mechanisms have

focused only on short-term technical feasibility and economic

benefits. 89
38
• Thus, neglected environmental and social, as well as long term

economic dimensions,

• have resulted in a situation where the country experiences a seriously

degraded natural environment that has consequences on negatively

impacting the public health (Yonas, 2006).

• As a result, further development along this line has to be cut short,

as efforts in reversing the damage to the environment at a later

time is usually costly or even irreversible.


90
38
 In order to ensure sustainable development, it is essential to integrate
environmental concerns into development activities, programs, and
policies.
 The EIA is one of the best environmental management tools, and
facilitates the inclusion of principles of sustainable development
aspirations early in a project.
 One of the main achievements is the approval of ―the first
comprehensive statements of Environmental Policy for the FDRE by
the Council of Ministers in April 1997‖ (UNEP, 2002).
 which was intended to promote sustainable social and economic
development of the country through conservation and sustainable
utilization of natural, manmade and cultural resources and 38
91the

environment of the country.


8.2. Legal and Policy Framework for EIA System in Ethiopia
8.2.1 Policy Framework for EIA in Ethiopia
• EIA is a recent phenomenon in Ethiopia.
• Until 1997, Ethiopia did not have a comprehensive environment
policy as such.
• The Environmental Policy of Ethiopia was issued in 1997 to
provide overall guidance in the conservation and sustainable
utilization of the country‘s environmental resources in general.
• The overall objective of the environmental policy is to promote
the sustainable social and economic development of the country
through, sustainable management and utilization of the natural
92
38

resources of the country.


• The specific objectives of the environmental policy seeks to achieve are:
 ensuring the conservation, development and sustainable use of
essential ecological processes and life support systems, biological
diversity and the empowerment and participation of the people in
environmental management.
• The environmental policy lays the foundation for EIA in the country.
• Since the EIA Proclamation № 299 of 2002 was adopted by the House
of Peoples‘ Representatives,
• some efforts have been made to implement the law by the EPA and the
relevant regional environmental organs, which were themselves
established by Proclamation № 295 of 2002.
• In spite of these efforts, EIA in Ethiopia has until now remained weak.
93
8.2.2. Legal Framework for EIA in Ethiopia
1. The FDRE Constitution
 The concept of sustainable development and environmental
rights are enshrined in Article 43, 44 and 92 of the Federal
Constitution states the following people‘s environmental concerns.
Article, 43: The Right to Development
 The peoples of Ethiopia as a whole and each Nation, Nationality
and people in Ethiopia in particular have the right to improve
living standards and to sustainable development.

94
 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.

95
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.

 It means that EIA is a legal requirement.


3. The Environmental Policy and Strategy
 National environmental policies, conservation strategy as well as the Regional
Conservation Strategy (RCS) provide a number of guiding principles that
indicate and require a strong adherence to sustainable development.

97
 Concerning the needs of EIA, the following basic issues are
contained.

 An early consideration of environmental impacts in project


and program design.

 Reorganization of public consultation, including


mitigation plans and contingency plans.

 Provision of auditing and monitoring is a legally binding


requirement and needs to be institutionalized.

98
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.

 The government has established an EPA, and this Authority is


designated as focal point for the implementation of these conventions
and protocols.

 Accordingly; Article 9(4) of the constitution of the FDRE provides


that once an international agreement is ratified through the accepted
or established procedure, it automatically becomes an integral99part
of the law of the land.
 Consequently, the convention and the protocol are the laws of this land.

 Therefore; the following international conventions and protocols are


relevant to any proposed EIA project

I. International Finance Corporation‘s (IFC) Guidance on Performance


Standards on Social and Environmental Sustainability

II. Convention on Biological Diversity

III. Framework Convention on Climate Change

IV. The United Nations Conventions to Combat Desertification


V. The Basel Convention - to control and regulate the Trans boundary
movement of hazardous wastes.

VI. The Stockholm Convention 10


0
VII. Convention on International Trade in Endangered Species of Fauna and Flora.
5. Sectoral Policies and Strategies
A. Water Resources Management Policy and Strategies
B. National Rural Land Administration and Use (Proclamation No.
456/2005).
C. Measures Related to Occupational Health Control
D. Proclamations No. 42/1993 Labor Proclamation
E. Special Decree/declaration No, 20/1990 Council of State Special
Decree to Provide for the Registration and Control of Pesticide.
F. National Biodiversity Policy and Strategies

10
1
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.

2. Environmental Pollution Control (Proclamation No. 300/2002)

3. Solid Waste Management (Proclamation No. 513/2007)

4. Labour Proclamation (Proc. No. 377/2003)

5. Public Health Proclamation (Proc. No. 200/2000).

6. Compensation
 Proclamation No. 455/2005), the basis and amount of compensation is 10
2

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.

10
3
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
4
 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).
10
5
 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.

10
6
b) Regional environmental agencies

 The Environmental Protection Organs Establishment Proclamation


(Proclamation № 295/2002) requires regional states to establish or
designate their own regional environmental agencies.
 The regional environmental agencies are responsible for coordinating the
formulation, implementation, review and revision of regional conservation
strategies; and for environmental monitoring, protection and regulation
(Art. 15).

10
7
 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.

10
8
 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.

10
9
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
0
 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.

11
1
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.

11
2
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.

11
3
b) Natural resources management institutions
Ministry/Bureau of Agriculture and Rural Development

 The Ministry of Agriculture and Rural Development (MoARD)


has both development and NRM responsibilities (Proclamation
380/2004).
 Relating to NRM, MoARD has the responsibility to prepare
policy on land use and draft legislation on forestry and wildlife.
 The Agriculture and Rural Development Bureau (ARDB) is the
key natural resource management institution at regional level.

11
4
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,

• allocate/prepare rural land for agricultural investment;

• provide assistance to investors engaged in the sectors; and

• issue and implement directives that enable protect natural

resources and the environment from pollution.

11
5
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

 determine water quality standards for various uses.


11
6
o Particularly, WRB has the responsibility to, among other things,
• study the quantity and distribution of water resource of the
region and prepare water utilization directives and manuals;
• ensure balanced and fair sharing and utilization of water
resource in the basins; and
• issue license to, and supervise, investors engaged in irrigation
development.
c) Financial institutions
 Financial institutions should also incorporate EIA into their
procedures.

11
7
 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.

11
8
8.3. Actors in the EIA Process in Ethiopia

 The principal actors involved in EIA and in the associated


planning and development process divide broadly in to five main
groups.
 These are:
1. The developers/proponent
2. The consultant
3. Those directly or indirectly affected by or having interest in
the development
4. The competent agency
5. Licensing agency 11
9
. 1. Proponent
 The proponent is the project applicant (i.e. the developer)
 is responsible for complying with the requirements of the EIA
and for all associated costs incurred when following the EIA
process.
 is responsible to appoint an independent consultant who will act
on the proponent‘s behalf in the EIA process.
 is responsible to ensure that the conditions of approval are
carried out (including monitoring and auditing).

12
0
2. Consultant
.  Statutory consultees are an important group in the EIA process.

 The planning authorities must consult such bodies before making a


decision on a major project requiring an EIA.
 The independent consultant acts on behalf of the proponent in complying
with the EIA process and is responsible for showing that he/she has:
 expertise in environmental assessment and management;
 The ability to manage the required participation process;
 the ability to produce reports that are readable;
 A good working knowledge of EIA
 The consultant must ensure that adequate participation of the Competent
Agency and interested and affected parties has been carried out.
12
1
3. Interested and affected parties
 The accommodation of the interest of the interested and the affected parties by
a developer is often viewed as an important step in the legitimizations of a
project.
 Like the developers, some environmental groups, especially at the national
level, may have a long term, continuing role.
 Some local amenity groups also may have a continuing role and an
accumulation of valuable knowledge about the local environment.
 Generally, interested and affected parties are important to a successful EIA and
are responsible for providing input and comments at various stages in the
EIA process.
 The input from interested and affected parties should be sought in all EIA
process(scoping phase, in assessing and mitigating impacts and in the review12of
2
the EIS).
4. Licensing Agency
 Licensing Agency is any organ of government empowered
by law to issue an investment permit, trade or operating license or
work permit or register business organization as a case may be.
 The licensing agencies have a legal duty to ask that
environmental performance criteria are included in the incentive
structure to get environmental clearance certificate from the
environmental (competent) agencies.
 These are required to ensure that renewal or additional permits
issuance should also consider environmental performance of the
applicant, thus required to seek advice or opinion from 12the
3
appropriate environmental agency, etc.
5. Competent Agency
 The government, at various levels, will normally have a significant role in
regulating and managing the relationship between the groups previously
outlined.
 In Ethiopia, the principal authority/ competent agency involved currently
is the EPA at federal level and Environmental Protection Land
Administration and Use authority (EPLAUA) at regional level.
 The competent agency is responsible for ensuring that the
proponent/consultant comply with the requirements of the EIA process and
the authority though a regular and effective communication between the
authority and the proponent to provide general guidance on procedure,
information and reports required by involving other responsible authorities.

12
4
. 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.
12
5
8.4. Components of Environmental Impact Statement
a. Air Environment
 Identifying the impact zone (using a screening model) and
establishing a monitoring system.

 Tracking site-specific meteorological data such as wind speed and


direction, humidity, ambient temperature, and environmental lapse
rate.

 Quantification of air emissions from the proposed project emissions.

 Identifying, quantifying, and evaluating other potential pollutants


(including vehicular traffic emissions) inside the impact zone, as
well as estimating the total of all emissions/impacts
12
6
 Using appropriate air quality models, predict changes in ambient air
quality due to point, line, and area source emissions.

 Assessment of the proposed pollution control devices' ability to


meet gaseous emission and air quality standards.

 Determination of mitigating measures at the source, along the


course, and at the receptor.

12
7
b. Noise Environment

 Monitoring current noise levels in the impact zone, as well as


forecasting future noise levels as a result of the proposed project
and related activities, such as increased automobile traffic.

 Determination of the environmental effects of any predicted


increase in noise levels.

 Recommendations for noise pollution mitigating measures.

12
8
c. Water Environment
 Quantitative and qualitative assessment of current ground and surface
water resources within the proposed project's effect zone.

 Prediction of water resource impacts as a result of the project's


proposed water use/pumping.

 Quantification and classification of wastewater from the proposed


activity, including harmful organic waste.

 An assessment of the proposed pollution prevention and wastewater


treatment system, as well as suggestions for changes if necessary.

 Using appropriate mathematical/simulation models, predict the effects


of effluent discharge on the quality of the receiving water body.
12
 Assessment of the viability of water recycling and reuse, as well as the
9

development of a thorough plan.


d. Biological Environment
 Survey of flora and fauna clearly outlining season and duration.

 An assessment of the flora and fauna found within the project's effect zone.

 Assessment of potential harm to terrestrial and aquatic flora and fauna as a


result of the project's effluent discharge and gaseous emissions.

 Assessment of damage to terrestrial flora and fauna caused by air pollution, as


well as changes in land use and landscape.

 Damage to aquatic and marine flora and fauna (including commercial fishing) as
a result of physical disturbances and changes.

 Prediction of biological stressors within the planned project's impact zone.

 Identifying preventive steps to prevent and/or mitigate the impact.

13
0
e. Land Environment
 Within the impact zone, studies on soil properties, existing land
use and topography, landscape, and drainage patterns are being
conducted.

 Assessment of the project's impacts on land use, landscape,


topography, drainage, and hydrology.

 Determining the significant potential of treated effluent for land


application and the consequences.

 Estimation and characterization of solid wastes, as well as the


identification of management alternatives for waste minimization
and environmentally friendly disposal. 13
1
f. Socio-economic and Health Environment
 Data on demographics and relevant socioeconomic factors are gathered.

 Epidemiological data collection, including research on endemic diseases (e.g.,


fluorosis, malaria, filaria, malnutrition) and morbidity/illness rates among the
population inside the impact zone.

 Projection of expected changes in socioeconomic and health outcomes as a


result of the project and related activities, such as traffic congestion, and
identification of mitigation strategies.

 Evaluation of the impact on important historical, cultural, and archaeological


sites and locations in the area.

 Evaluation of the project's economic benefits.

 Evaluation of rehabilitation needs, with a focus on any planned areas, if any.


13
2
8.5. Good and Bad Experiences in Applying EIA in Ethiopia
Good Experiences
 Regarding the EIA process in Ethiopia, there are signs of a
positive beginning,
 There are some indications that EIA is being applied on the ground.

 That is, some project owners, including government agencies, have


begun to bring their Environmental Impact Study Reports (EISR)
to the EPA and regional organs.

 Experiences are beginning to accumulate from current


engagements in EIA activities. Especially at the Federal level, the
number of applications made by project owners or EIA proponents
13
3
is increasing year to year.
 The government appears to have some commitment to
environmental issues, as suggested by:
 The enactment of new laws;

 The establishment of the Environmental Council at Federal level;

 The establishment of environmental units in some sectoral offices; and

 Some training opportunities, etc.

 There is growing concern over EIA among officials from sectoral


agencies, which has been witnessed in public discussions with the
sectoral agencies and policy makers;

 Sectoral agencies that have established environmental monitoring


units have strengthened their EIA capacity. 13
4
 Those that have not yet established monitoring units have shown interest to do so.

 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.

Other encouraging items include:

 A booklet published by

 the Ministry of Trade and Industry,

 the Ethiopian Investment Agency and

 the Ethiopian Horticulture Producer-Exporters Association, which


requires EIA before starting a horticultural farm.
13
5
 The requirement of EIA set by the new Criminal Code (Article 521).
Gaps and Challenges
 The following are considered to be the main gaps and challenges
observed in the Ethiopian EIA process:

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.

 EIA law was enacted without the sufficient participation of all


stakeholders.

 Local communities who can be directly affected by a development


project have never been consulted during the lawmaking process
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that finally resulted in Proclamation № 299/2002.


 It is even believed that those who are in a position to implement the
law at different levels, especially at Zonal and District levels do not
have sufficient knowledge about EIA and related laws.

 While they are key actors in EIA, it is difficult to implement it in


such a situation.

 Hence, lack of understanding of EIA has led stakeholders to


consider EIA as a bottleneck for development.

 Moreover, the lack of knowledge about EIA has led many


stakeholders with responsibility to implement EIA to have
misconceptions about the importance of and the contribution of
EIA. 13
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2. Problems of Capacity

 The issue of capacity is very important in determining the full


implementation of EIA process.

 Training and education in EIA contribute to capacity building.

 However, there is a lack of facilitating environmental training and


education, very limited budgets to go through the EIA, especially
in Federal and Regional environmental agencies, and not a
sufficient number of experts in the government.

 The problem of capacity is best seen from the perspective of


consultants and of the EPA itself.
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 Consultants are very important actors in the EIA process as they are
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the ones who are preparing EISR on behalf of the applicant.


 the consultants and EPA do not have full capacity to undertake EIA
due to lack of multidisciplinary expertise and budget constraints.

 As there is no code of conduct or criteria governing how such a


multidisciplinary task should be handled, consultants risk being
highly influenced by their clients.

 On the other hand, lack of infrastructure such as sufficient


laboratories to conduct quality EIA processes, internet services,
library facilities and others could be reasons affecting the
implementation of EIA.

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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.

 On the other hand, the country is updating the investment policy


on occasion to facilitate economic development and hence the
current investment proclamation does not include a requirement
for EIA.

 As a result, most development initiatives are not passing through


the EIA process, although the EPA document guidelines identified
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key sectors that should be subject to EIA in 2002.
4. Lack of Incentives
 It is assumed that the use of economic incentives is important to
identify and understand different activities and forces that comprise
the economic causes of environmental loss.

 In this case Article 16 of the EIA Proclamation strongly


recommends that environmental agencies, within the capacity
available to it, to provide financial and technical support for any
environmental rehabilitation or pollution prevention or cleanup
project to cover additional costs.

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 However, there are problems surrounding this provision.

 Firstly, the proclamation does not clearly indicate what such


support would cover, and hence, creates doubt as to whether the
incentive is referring to the performance in EIA or not.

 Secondly, the absence of guidelines for implementing the incentive


provision is causing confusion as it is not known how to
implement the incentives.

 Therefore, clearly stated arrangements for incentives in relation to


experts involved in EIA implementation would be beneficial.

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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.

 Of course, most investors are not required to conduct EIA.

 Lack of infrastructure, limited financial capacity and lack of qualified experts


are other major capacity problem of the 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
to
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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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