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Appendix A
EIA Provisions of the Environmental
Management Act
EIA provisions in the Environment Management Act are found in Sections
24,
25,
26,
27,
29 and
63,
69 and 76:
A.1 Projects for which
an Environmental Impact Assessment may be required
S-24.
(l) The Minister may, on the recommendation of the Council, specify,
by notice published in the Gazette, types and sizes of projects which shall
not be implemented unless an environmental impact assessment is carried
out.
(2) 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 stating in a concise manner-
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the description of the project;
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the activities that shall be undertaken in the implementation of the project;
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the likely impact of those activities on the environment;
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the number of people to be employed for purposes of implementing the project;
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the segment or segments of the environment likely to be affected in the
implementation of the project;
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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.
(3) 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.
A.2 Environmental Impact
Assessment Reports
S-25.
(1) 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-
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a detailed description of the project and the activities to be undertaken
to implement the project;
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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;
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the description of the technology, method or process to be used in the
implementation of the project and any available alternative technology,
method or process, and reasons for not employing the alternative technology,
method or process;
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the reasons for selecting the proposed site of the project as opposed to
any other available alternative site;
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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;
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an identification and description of measures proposed for eliminating,
reducing or mitigating any anticipated adverse effects of the project on
the environment;
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an indication of whether the environment of any other country or of areas
beyond the limits of national jurisdiction is or are likely to affected
by the project and the measures to be taken to minimize any damage to the
environment;
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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;
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a concise description of the method used by the developer to compile the
information required under this section.
(2) 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 law relating
to the protection and management of the environment or the conservation
or sustainable utilization of natural resources.
A.3 Review of Environmental
Impact Assessment Reports
S-26.
(1) Upon receiving the environmental impact assessment report,
the Director may invite written or oral comments from the public thereon,
and where necessary may-
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conduct public hearings at such place or places as the Director deems necessary
for purposes of assessing public opinion therein;
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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;
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require the developer to conduct a further 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 report;
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recommend to the Minister to approve the project subject to such
conditions as the Director may recommend to the Minister.
(2) 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.
(3) A licensing authority shall not issue any licence 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.
A.4 Environmental Audits
S-27.
(1) The Director shall, in consultation with such lead agency
as he may consider appropriate, carry our or cause to be carried out periodic
environmental audits of any project for purposes of enforcing the provisions
of this Act.
(2) 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.
(3) 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.
A.5 Monitoring Existing
Projects
S-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.
A.6 Fees
S-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.
A.7 Offences Relating to
Environmental Impact Assessment
S-63.
Any person who contravenes Section 24 (3) or fails
to prepare an environmental impact assessment report or knowingly gives
false information in an environmental impact assessment report contrary
to Section 25 shall be guilty of an offence and be liable,
upon conviction, to a fine of not less than K5,000 and not exceeding K200,000
and to imprisonment for two years.
A.8 Closure of premises
S.76.
(1) Where the Director believes, on reasonable grounds, that
this Act or any regulations made thereunder have been contravened, the
Director may, subject to subsection (2), order the closure of any premises
by means of, or in relation to which the Director reasonably believes the
contravention was committed.
(2) The closure of any premises shall cease after the provisions
of this Act or any regulations made thereunder have been instituted in
respect of the contravention, in which event the premises shall remain
closed until the proceedings are finally concluded.
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