REOURCE PERSONS IDENTIFICATION FOR EIA

The EIA process is complex and requires the skills of a combination of specialists. In most cases, a multidisciplinary team conducts the EIA study. The TOR will dictate the composition of the team and the knowledge base and skills required. Most proposals have a number of potential impacts including, physical, chemical, biological, health, social and economic impacts. This will necessitate the need to bring on board multiple viewpoints and expertise in order to produce a comprehensive and coordinated EIA report.
Scientific studies carried out in the assessment study of a proposed project include:
• Ecological studies (soil physio-chemistry, soil microbiology, vegetation, plant pathology, hydrobiology/fisheries, aquatic physio-chemistry, aquatic microbiology);
• Water/Borehole studies (hydrogeology, hydro-geochemistry, microbiology);
• Climate and Air quality studies (pollutants/air emission measurements, noise measurements);
• Demographic studies (socio-economic and cultural aspects).

Resource persons are therefore identified and selected for their complementary perspectives and technical expertise in analyzing the impacts that are of concern. Health professionals and experts in a variety of environmental, economic, social and technical areas will be required. Demonstrated expertise and experience in EIA, range of impacts to be studied and local knowledge are key factors that influence selection. The number of resource persons involved in the EIA depends on the complexity of the proposal.

THE ROLE OF BENEFICIARY COMMUNITY IN EIA

Those people affected by the proposal have a major role to play in identifying concerns and issues and providing local knowledge and information. They can provide relevant information about the environmental, health and social conditions in the area as they may have valuable knowledge and insights (traditional knowledge) into the ecosystems that will be potentially affected by a project. The inputs of the beneficiary community are therefore valuable during the different stages of the EIA process.


LEGAL IMPLICATIONS OF EIA

Legal provisions for EIA can be found in general environmental or resource management law which incorporates EIA requirements and procedure and in EIA specific law.

International Legislation of relevance to EIA

Significant developments have taken place in international environmental law which is relevant to or applicable by the EIA systems of all countries. These can be divided into:

• Non binding instruments, such as the Rio Declaration on Environment and Development which calls for use of EIA as an instrument of national decision making (Principle 17) and also contains other principles relevant to EIA practice (e.g. principle 15 on the application of the precautionary approach).
• Legal conventions and treaties related to environmental protection at the global or regional level which carries obligations for signatory countries that may be met through EIA arrangements. This includes the UN conventions on Climate Change and Biological Diversity (1992) which cites EIA as an implementing mechanism in Articles 4 and 14.
• Legal conventions and protocols that apply specifically to EIA arrangements.

Examples of international EIA legislation that sets precedents include the:

(a) US National Environmental Policy Act (NEPA 1969) – The United States of America was the first country to enact legislation requiring assessment of potential environmental impacts by proponents of development projects. The NEPA Act provided the template of similar legislation in other parts of the country.

(b) New Zealand Resource Management Act (RMA 1991) – RMA is an omnibus law aimed at promoting the sustainable management of natural and physical resources.

(c) Canadian Environmental Assessment Act (CEAA 1993, proclaimed 1995) – CEAA is an example of a comprehensive EIA specific law. It entrenches the principle of public participation, designates the responsibilities of federal authorities in regulations and prescribes the requirements and procedures for undertaking different levels of EIA.

(d) European Commission (EC) Directive of EIA (1985, amended 1997) – The Directive is a framework that is binding upon member States. It sets out the principles and procedural requirement for EIA within the EU, leaving it to the discretion of member States as to how these are transformed into national legislation.

National Legislation of relevance to EIA

The EIA decree of 1992 is the main national law regulating the process of EIA in Nigeria. The Decree amongst other things sets out the procedures and methods to enable the prior consideration of EIA in certain private or public projects or activities. The Decree also gives specific powers to FEPA (now the Federal Ministry of Environment) to facilitate environmental assessment on the projects. The objectives of the Environmental Impact assessment as stipulated in Part 1 Section 1 of the Decree are as follows:

1(a) To establish, before a decision taken by any person, authority, corporate body or unincorporated body including the Government of the Federation, State or local Government intending to undertake or authorize the undertaking of any activity that may likely or to significant extent affect the environment, that the environmental effects of those activities shall first be taken into account;

(b) To promote the implementation of appropriate policy in all Federal lands (however acquired), States and Local Government Areas consistent with all laws and decision making processes through which the goal and objective in paragraph (a) of this section may be realized;

(c) To encourage the development of procedures for information exchange, notification and consultation between organs and persons when proposed activities are likely to have significant environmental effects on boundary or trans-state or on the environment of bordering towns and villages.

Section 2 of the Decree specifies that:

(1) The public or private sector of the economy shall not undertake or embark or authorize projects or activities without prior consideration, at an early stages of their environmental effects;

(2) Where the extent, nature or location of a proposed project or activity is such that is likely to significantly affect the environment, its environmental impact assessment shall be undertaken in accordance with the provisions of this Decree;

(3) The criterion and procedure under this Decree shall be used to determine whether an activity is likely to significantly affect the environment and is therefore subject to an environmental impact assessment;

(4) All agencies, institutions (whether public or private) except exempted pursuant to this Decree, shall before embarking on the proposed project apply in writing to the Agency (Federal Ministry of Environment), so that subject activities can be quickly and surely identified and environmental assessment applied as the activities is being planned.

Section 13 and the schedule to the Decree contain a list of Mandatory EIA sudy of activities relating to some sectors of the economy. The Decree also prescribes the EIA process, follow-up actions, exemptions, decision makers, approval levels, sanctions and conditions of implementation of EIA in Nigeria.

The Decree adopts a broad definition of “environment” and “effects”. In the Decree “environment” means the component of the Earth, and includes:

a. land, water and air, including all layers of the atmosphere,
b. all organic and inorganic matter and living organisms, and
c. the interacting natural systems that include components refereed to in paragraphs (a) and (b).

“Environmental effect” means, in respect of a project,
a. any change that the project may cause to the environment,
b. any change the project may cause to the environment, whether any such change occurs within or outside Nigeria and includes any effect of any such change on health and socio-economic conditions.


A separate regulation to the Decree includes the EIA Procedural and Sectoral guidelines for five sectors of the economy which are:

i. Petroleum, Petroleum Refining and Petrochemicals;
ii. Manufacturing Industries;
iii. Agriculture and Rural Development;
iv. Infrastructural projects; and
v. Mining.
The guidelines elaborate how the EIA is to be implemented from project conception to commissioning. Other national legislations relevant to the application of EIA include inter alia:

 The Constitution of the Federal Republic of Nigeria which in section 20 and 16(2) provides inter alia for the protection and improvement of the environment and the promotion of a planned and balanced economic development.

 The National Policy on Environment (1989, revised 1999) which stipulates the mandatory conduct of EIA prior to the approval of major development projects in different sectors of the economy.

 The Federal Environmental Protection Agency (FEPA) Decree No. 58 of 1988, amended as Decree No 59 of 1992 empowers FEPA (now Federal Ministry of Environment to oversee the environment, with specific powers to make regulations and particularly prescribes standards for water quality, effluent limitations, air quality, atmospheric protection, ozone protection, noise control and control of hazardous substances.
 National Environmental Protection (pollution abatement in industries and facilities generating waste) Regulation S.1.9 (1991), which prohibits all industries and facilities to “release hazardous and toxic substances into air, water or land of Nigeria ecosystems beyond limits approved by the Agency”. It confirms the authority to “demand environmental audit for existing industry and EIA from new industries and major development projects”.

 National Environmental Protection Management of Solid and Hazardous Wastes Regulations with schedules S.1.9 which regulates the management of solid and hazardous wastes.

 National Guidelines and Standards for Environmental Pollution Control in Nigeria (1991), which prescribes guidelines and standards for six areas of environmental pollution control.

 Factories Act (1987) which stipulates requirements for safety of workers and others exposed to occupational hazards.

 Urban and Regional Planning, No 88 of 1992 which stipulates the submission of a detailed EIS for applications for (a) a residential land in excess of 2 hectares, or (b) permission to build or expand a factory or for the construction of an office building of four floors or 5,000 square meters of a lettable space, or (c) permission for a major recreational development.