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LECTURE 9

7TH JANUARY 2015


Decision making
Environmental management & monitoring
Environmental auditing
Decommissioning

Decision Making Process

In EIA decision-making is a continuing


process, comprising:
Interim decisions made at each stage of
EIA-NEMC, proponents, EIA consulting
team
Final
approval of a proposal-Minister
Responsible for environment
Enforcement of conditions attached to
approvals-proponents

Final approval of a proposal-Minister


Responsible for environment
Usually independent and impartial
Take account of information in the EIA
report
Provide reasons for the decision
Act in accordance with recommendations
of a review body

Outcomes from EIA decision-making


Proposal approved
Proposal approved with conditions
Proposal on hold pending further study
Proposal returned for revision and resubmission
Proposal rejected
When a proposal is approved a proponent or developer
is issued an Environmental Impact Assessment
Certificate (Schedule Three)
The regulations also provide for variation of certificate,
transfer of certificate, surrender of certificate,
cancellation of an environmental impact assessment
certificate

Checks and balances on decision-making

No decision taken until EIA report is


considered
EIA findings help determine approval and
conditions setting
Public comments taken into account
Approvals can be refused or withheld
Conditions can be imposed or modification
demanded
Written reasons for the decision
Right of appeal against the decision

Environmental
Auditing

Monitoring

and

Council in consultation with relevant sector ministry or


government agency, monitor
All environmental criteria and phenomena with a view to
making an assessment of any possible changes in the
environment and their possible impacts
The operation of any project or undertaking with a view
to determining its immediate and long term effects on
the environment
An environmental inspector or any other authorised officer,
may upon giving due notice, enter upon any land or
premises for the purposes of monitoring the effects upon
the environment of any activities carried out on that land
or premises

Outcomes of Monitoring
Where the results of monitoring indicate non-compliance with
the EIS, the holder of the EIA certificate may be required to(a) Take all responsible measures to mitigate the impact of such
non compliance and report such measures to the Council; or
(b) Pay a fine imposed by way of administrative measure by the
Council for such non compliance
The Council may recommend to the Minister for revocation of
an EIA certificate if the result of an additional monitoring
indicate persistent non compliance with the conditions
stipulated in the EIA certificate and the Council may institute
proceedings in a court of law for damages for any injury that
may have occurred as a result of such non compliance

Environmental Audit
Definition and Scope

Systematic, documented, periodic and objective review of


practices related to meeting environmental requirements

Comparison of actual and predicted impacts for the purpose of


assessing the accuracy of predictions and the effectiveness of
impact management practices and procedures

The auditing process depend heavily on the existence of


relevant and good quality monitoring data

Opportunities to learn from experience, and further refine and


improve the EIA process as a whole

Help encourage compliance with approval terms and conditions

Opportunity to re-think environmental management practices


as the project progresses

Types of Environmental
Audit

Initial for existing project not subjected


to EIA
Independent for approved project/
control
audit
is
done
by
an
environmental inspector
Audit petition by public - a member of
the public may, after showing reasonable
cause in writing, petition the Council to
cause an audit to be carried out on any
project

The initial environmental audit involves three key phases i.e. Pre-audit, on-site audit
and post audit activities. In conducting the environmental audit study environmental
auditor shall ensure that an appraisal of all the project activities, including the
production of goods and services is carried out, gives adequate consideration to
environmental regulatory frameworks, environmental health and safety measures and
sustainable use of natural resources. Objectives of this environmental audit shall be to a) improve an organization or activitys compliance with environmental legislation
and regulations such as soil conservation, air emission standards, effluent standards,
waste management standards, and standard operating procedures;
b) document an operation or activitys current environmental performance of
operation and environmental management procedures, including emergency
response planning, monitoring and reporting system and planning for future
environmental performance;
c) prevent damage and the tendency for environmental damage;
d) improve resource use through reduction in material use, to minimize wastes and to
identify recycling opportunities; and
e) increase actions undertaken or needing to be undertaken by an organisation or
activity to meet environmental goals such as sustainable development, recycling and
efficient use of resources.

Environmental Audit in line with EMA,


2004
101 (1) The Council shall be responsible for carrying out an EA in
respect to any project or undertaking that is likely to have significant
impact on the environment
(2) An environmental inspector or any other authorised officer may,
upon giving due notice, enter into any land or premises for the purposes
of determining how far the activities carried out on that land or
premises conform with the EIS
(3) The proponent or operator of a project or undertaking for which EIS
has been made shall keep accurate records and make annual reports to
the council describing how far the project conforms in operation with EIS
(4) The proponent or operator of a project or undertaking shall take all
reasonable measures to mitigate any undesirable effects not previously
anticipated in the EIS and shall prepare, for submission to the Council, a
comprehensive report of those measures, on an annual basis or as the
Council may, in writing, direct

EIA and Audit Regulations, 2005


The Council shall conduct environmental monitoring in order to evaluate
the performance of the mitigation measures following the prepared
Environmental and Social Management Plan as well as Monitoring Plan,
thus:
(i)
monitoring include the verification of impacts, adherence to approve
plans, environmental standards and general compliance of terms and
conditions set out in the Environmental Impact Assessment certificate;
(ii) developer can also undertake monitoring of the implementation of the
project to ensure if mitigation measures are effective;
(iii) both the developer and the Council collects data that can be used in
future projects and for environmental management;
(iv) Council and the developer undertakes environmental audits for the
project;
(v) mechanisms for stakeholder participation during the monitoring and
auditing process must be defined and followed through;

(vi) the auditing exercise may focus in the following areas:


(a) implementation/enforcement audit, which takes place when
the Council verifies if the mitigation measures and levels of
pollution are within limits
(b) performance/regulatory audit that entails identification of
compliance to relevant legislation or safety standards
(c) impact prediction audits checks the accuracy and efficacy of
the impact prediction by comparing them with monitored
impacts
(d) Council
collects and compiles information arising from
auditing for future use; and
(e) developer collects data from the auditing and compiles
information for project management and also for submission
to the Council

Undertaking of Safe Decommissioning and


Site Rehabilitation
This is the end of the project life
Upon expiry of a project or undertaking the proponent or operator shall,
at his own cost undertake safe decommissioning, site rehabilitation and
ecosystem restoration before the closure of the project or undertaking
The decommissioning report shall be prepared either as part of the
environmental impact statement or separately, indicating how impacts
will be dealt with, including costs of mitigation measures:
(i)
Developer undertakes the decommissioning of the project as per the
proposals stipulated in the environmental impact statement;
(ii) Council
shall continue to monitor implementation of the
decommissioning plan, including rehabilitation of the land and other
resources that were affected by the project; and
(iii) The decommissioning report must ensure issues such as welfare of
workers, resource users as well as their general livelihoods are not
worse off as a result of the decommissioning.