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Presentation Outline
Definition of EIA; Historical Background and Context of EIA in Rwanda; Policy and Legal Framework on EIA; International Context of EIA; EIA Practice in Rwanda:
EIA Process and Procedures in Rwanda
The EIA Process in Practice; Challenges to operationalise EIA: Screening;Scoping and Terms of Reference; Quality of the EIAs ; Decision-making and appeals against decisions; Inadequate expertise
Management Plans and Audits; Strengthening Public Private Partnership; Promoting and Developing Capacity Building; Strengthening Enforcement Mechanisms; Conclusion
Definition of EIA
EIA is defined as a systematic process to identify, predict and evaluate the environmental effects of proposed actions and projects. This process is applied prior to major decisions and commitments being made, and particular attention is given in EIA practice to preventing, mitigating and offsetting the significant adverse effects of proposed undertakings.
Historical Background and Context of EIA in Rwanda (cont..) These problems are exacerbated by: low levels of environmental awareness; inadequate technical & human resources; low intra-sectoral coordination on environmental issues. Various initiatives taken by the GoR to address the environmental issues include:
of environmental policy (2003); enactment of environmental Organic law No. 04/2005 of 08/04/200 (2005; established Rwanda Environmental Management Authority (REMA), to coordinate and oversee all aspects of environmental management for sustainable development).
EIA process operates within the global concept of sustainable development; embrace commitment to international environmental conventions particularly: United Nations Conference on the Human Environment (Stockholm 1972); United Nations Conference on Environment and Development (UNCED 1992); the world Summit on Sustainable Development (WSSD 2002); African Ministerial meeting on Environment held in Durban, South Africa (1995) to all of which, Rwanda is a party.
EIA process involves the following four stages, namely: the Environmental Impact Initiation phase, which involves: screening and scoping; the Impact Study Phase, which includes: impact identification and analysis, development of mitigation measures and preparation of the report; The decision-making & authorization phase entails review of EIA reports leading to decision-making; environmental management Plan and follow-up phase: deals with monitoring and costing of activities of the project during its implementation
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The law provides that an EIA must be conducted before a developer implements a project; in situations where projects are already implemented (before coming into force of the Organic Law of May 1st, 2005), such projects must undertake an Environmental Audit to ensure environmental compliance;
EIA Process starts with a Developer submitting an application for EIA of a proposed project to REMA in
form of a Project Brief.
REMA registers the Project Brief as the developers formal application for an EIA; The purpose is to enable the Authority (and Lead Agencies ) establish whether or not the proposed activities are likely to have significant environmental impacts; to determine the level of EIA required (screening);
If adequate mitigation measures are identified in the Project Brief, this may eliminate the need for a full EIA and a project may be approved with or without implementation condition .
The EIA Procedure Guidelines categorises projects into three categories or sometimes referred to as levels of impact: 1 (Impact level 1): Full EIA not required. REMA advises on the appropriate environmental management measures (plan); Exercise may take 18 days from the day received the project brief;( days may be less or more depending on the nature of the project)
Category
Category 2 (Impact level 2): ): projects under this category are screened to determine whether or not a full EIA is needed. In this connection, REMA provides the developer with clear indication of the additional information required. Once this information is received, REMA will determine whether or not a full EIA of the project is needed.
Category 3 (Impact level 3): Full EIA is required. Projects in this category include; urban development, Construction and rehabilitation of trunk roads (transportation), dams and artificial lakes, rivers and water resources, airport, railways, Construction of huge buildings, fisheries (commercial), mining, forestry related activities, agriculture, processing and manufacturing industries, electrical infrastructure,
The main output of the scoping exercise is to determine the ToR for the EIA study; The practice in REMA is that, the ToR are either prepared by the developer or produced by REMA; If the ToR is produced by the developer the condition is that the ToR must be submitted to REMA for endorsement; This seem to be very limiting and time consuming, perhaps REMA should revisit the process and leave the responsibility of producing the ToR to the developer
The quality of EIRs varies and this is because some are prepared merely to obtain EIA Certificate of clearance; Some of the EIR are hurriedly done, resulting into rejection and others subjected to redone; Rejection of the EIRs creates problem between the developer and EIA experts as the developers in most cases are adamant to pay the EIA expert on ground that the EIR is substandard because it has been rejected by the authority (REMA).
decisions
the Government has an appeal system under which the developer can abandon the project, improve and resubmit a revised EIA report or appeal to the Minister for environment; This approach has not been tested as yet, but given that REMA is an affiliated organisation under the Ministry of Lands, Environment, Forestry, Water and Mines (MINITERE) there can be a tendency of biasness in terms of decision
Inadequate expertise
Lack of capacity in both Government and the private sector to prepare quality EIRs; This problem is compounded by increasing demands placed upon REMA by new development initiatives especially in areas of great economic activity such as methane (CH4) gas, and various donors and development agency requirements; training needs that have been expressed by many staff include formal training on EIA, SEA techniques and assessment of trans boundary and cumulative effects in the EIA process.
Cost of Conducting EIA and Processing Fees The levy for processing EIA that needs to be fixed by law establishing the National Fund for the Environment is not yet in place; the draft bill proposes the levy to be 0.01% of the amount invested excluding the operating cost; The authority (REMA) is still depending on the ordinary budget from the government, which is not sufficient.
publicize the environmental organic law, developing new legislations and Ministerial orders; increasing private sector and public participation in the process; Developing EIA Audits Guidelines and conducting EIA Audits; strengthening the private-public partnership; promoting and supporting capacity building; strengthening and developing enforcement mechanism
Conclusion
ownership of EIA process need to be realised through increasing capacity both at REMA and district levels, Awareness and sensitization of stakeholders to the concepts and principles of EIA; legal instruments and enforcement mechanisms to be put in place to assess and control implementation of auditing activities and monitoring plans;
Conclusion (cont.)
improve public participation and make members of the public feel they are important and needed in the EIA process so as to attract their interest and participation; Government of Rwanda need to take the leading role in financing EIAs, majority are financed through loans from financial institutions; Government need to take its international commitments and agreements to ensure that environmental concerns are integrated in the development process; Develop effective EIAs research information sharing networks, exchange of knowledge and experience, linking local, national sub regional and regional institutions. These are essential for capacity building
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