ENVIRONMENTAL IMPACT ASSESSMENT AUDIT AND MONITORING
Projects for
which an
environmental
impact
assessment
is required
 
24. The Minister may, on the recommendation of the Council specify, by notice published in the Gazette, the types and sizes of projects which shall not be implemented unless an environmental impact assessment is carried out. 

A developer shall, before implementing any project for which an environmental impact assessment is required under subsection (1), submit to the Director, a project brief starting in a concise manner 

  1. the description of the project; 

  2.  
  3. the activities that shall be undertaken in the implementation of the project; 

  4.  
  5. the likely impact of those activities on the environment; 

  6.  
  7. the number of people to be employed for purposes of implementing the project; 

  8.  
  9. the segment or segments of the environment likely to be affected in the implementation of the project; 

  10.  
  11. such other matters as the Director may in writing require from the developer or any other person who the Director reasonably believes has information relating to the project.


Where, upon examining the project brief, the Director considers that further information is required to be stated in the project brief before an environmental impact assessment is conducted, the Director shall require the developer, in writing, to provide such further information as the Director shall deem necessary. 
 

Environmental
Impact
Assessment
reports
 
25. Where the Director considers that sufficient information has been stated in the project brief under section 24, the Director shall require the developer, in writing, to conduct, in accordance with such guidelines as the Minister may, by notice published in the Gazette prescribe, an environmental impact assessment and to submit to the Director, in respect of such assessment, an environmental impact assessment report giving— 
  1. a detailed description of the project and the activities to be undertaken to implement the project; 

  2.  
  3. the description of the segment or segments of the environment likely to be affected by the project and the means for identifying, monitoring. and assessing the environmental effects of the project; 

  4.  
  5. the description of the technology, method or process to be used in the implementation of the project and of any available alternative technology, method or process and the reasons for not employing the alternative technology, method or process; 

  6.  
  7. the reasons for selecting the proposed site of the project as opposed to any other available alternative site; 

  8.  
  9. a detailed description of the likely impact the project may have on the environment and the direct, indirect, cumulative, short-term and long-term effects on the environment of the project; 

  10.  
  11. an identification and description of measures proposed for eliminating, reducing or mitigating any anticipated adverse effects of the project on the environment; 

  12.  
  13. an indication of whether the environment of any other country or of areas beyond the limits of national jurisdiction is or are likely to be affected by the project and the measures to be taken to minimize any damage to Be environment; 

  14.  
  15. an outline of any gaps, deficiencies and the adverse environmental concerns arising from the environmental impact assessment and from the compilation of the environmental impact assessment report; 

  16.  
  17. a concise description of the method used by the developer to compile the information required under this section. 


The environmental impact assessment report shall be open for public inspection provided that no person shall be entitled to use any information contained therein for personal benefit except for purposes of civil proceedings brought under this Act or under any written relating to the protection and management of the environment or the conservation or sustainable utilization of natural resources.
 

Review of
environmental
Impact
Assessment
reports
 
26. Upon receiving the environmental impact assessment report, the Director shall invite written or oral comments from the public thereon, and where necessary may— 
  1. conduct public hearings at such place or places as the Director deems necessary for purposes of assessing public opinion thereon; 

  2.  
  3. require the developer to redesign the project or to do such other thing as the Director considers desirable taking into account all the relevant environmental concerns highlighted in the environmental impact assessment report, any comments made by the public and the need to achieve the objectives of this Act; 

  4.  
  5. require the developer to conduct a funkier environmental impact assessment of the whole project or such part or parts of the project as the Director may deem necessary, or to revise the information compiled in the environmental impact assessment report; 

  6.  
  7. recommend to the Minister to approve the project subject to such conditions as the Director may recommend to the Minister.


In considering whether or not to recommend to the Minister the approval of any project or of any condition, the Director shall take into account any likely impact of the project on the environment and the actual impact of any existing similar project on the environment. 

A licensing authority shall not issue any license under any written law with respect to a project for which an environmental impact assessment is required under this Act unless the Director has certified in writing that the project has been approved by the Minister under this Act or that an environmental impact assessment is not required under this Act.

 

Environmental
audits
 
27. The Director shall, in consultation with such lead agency as he may consider appropriate, carry out or cause to be canted out periodic environmental audits of any project for purposes of enforcing the provisions of this Act. 

For purposes of subsection (1), the Director may require a developer to keep such records and submit to the Director such reports as the Director may deem necessary. 

A developer shall take all reasonable measures for mitigating any undesirable effects on the environment arising from the implementation of a project which could not reasonably be foreseen in the process of conducting an environmental impact assessment and shall-, within a reasonable time, report to the Director such effects and measures.

 

Monitoring
existing projects
 
28. The Director shall take such measures as are necessary for ensuring that the implementation of any project commenced before the coming into force of this Act complies with the provisions of this Act. 
Fees
 
29. The Minister may, by notice published in the Gazette, prescribe such fees as may be necessary for covering reasonable costs for scrutinizing environmental impact assessment reports and for the subsequent monitoring of a project which has been approved for implementation under this Act. 

Contents | Part I | Part II | Part III | Part IV | Part V 
Part VI | Part VII | Part VIII | Part IX | Part X | Part XI | Part XII | Part XIII 
 I Assent,  Bakili Muluzi