641. mashinga, eia as planning tool and its effectiveness in rwanda

7/31/2019 641. Mashinga, EIA as Planning Tool and Its Effectiveness in Rwanda

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ENVIRONMENTAL PLANNING INRWANDA:

ENVIRONMENTAL IMPACT ASSESSMENT(EIA) AS A PLANNING TOOL AND ITS

EFFECTIVENESS

Theobald MASHINGA

Rwanda Environment Management Authority (REMA)

Rwanda.

IAIA 07, Seoul, Korea

3rd -9th ,June 2007


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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


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Presentation Outline (Cont..)

The EIA Process in Practice;

Challenges to operationalise EIA:

Screening;Scoping and Terms ofReference; Quality of the EIAs ;

Decision-making and appeals against

decisions; Inadequate expertise


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Public Participation; Data Inadequacy; Cost of Conducting EIA and Processing

Fees; Opportunities for Improving the EIAProcess:

Publicizing and developing the EIA

Legislation; Private Sector and PublicParticipation


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Environmental Management Plans andAudits; Strengthening Public PrivatePartnership;

Promoting and Developing CapacityBuilding; Strengthening EnforcementMechanisms;

Conclusion


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Definition of EIA

EIA is defined as a systematic processto identify, predict and evaluate theenvironmental effects of proposedactions and projects. This process isapplied prior to major decisions andcommitments being made, and particularattention is given in EIA practice to

preventing, mitigating and offsettingthe significant adverse effects ofproposed undertakings.


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Historical Background and Context of

EIA in Rwanda

The EIA adoption in Rwanda was triggered byenvironmental challenges posed byenvironmental degradation:

soil erosion;Deforestation;

wetland drainage;

water degradation; climate change, and

the loss of biodiversity.


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Historical Background and Context ofEIA 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 GoRaddress the environmental issuesinclude:


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Policy and Legal Framework of EIA

Formulation of environmental policy (2003); enactment of environmental Organic law No.

04/2005 of 08/04/200 (2005;

established Rwanda EnvironmentalManagement Authority (REMA), to coordinateand oversee all aspects of environmentalmanagement for sustainable development).


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Policy and Legal Framework of EIA

The Constitution of the Republic of Rwanda,adopted in June 2003, ensures the protectionand sustainable management of environment;and

encourages rational use of natural resources;

other socio-economic development policiesand strategies such as Rwanda Investment

and Exports Strategic Action Plan, 2005-2007.


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Policy and Legal Framework of EIAcont..

Vision 2020 calls for a well regulatedenvironment management system that takesinto account principles of sustainabledevelopment; and

at the same time contributing to povertyreduction;

Article 67(organic law) requires that projects,

programmes and policies that may affect theenvironment shall be subjected toenvironmental impact assessment beforeobtaining authorisation for implementation.


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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 inDurban, South Africa (1995) to all of which, Rwandais a party.


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Why adopting EIA System in Rwanda?

Adaptation of EIA in Rwanda hinges on itsimportance as: a key component of a more systematic and

objective approach to environmental issues;

provides a framework for promotion ofefficient decision-making in project approval; enables implementation of environmental

safeguards to mitigate significant negative

impacts; avoid ecological damage and large-scale

irreversible loss of natural resource.


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Why adopting EIA System in Rwanda?(cont)

an invaluable tool for environmentalmanagement in a trans-boundary context;

plays the role of information dissemination

between Rwanda and neighbouring countries; widens the scope of understanding the

impacts beyond its boarders;

provides a basis for future internationalcooperation and conflict resolution concerning

environmental impacts at a regional level.


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Under the present legislation, severalgovernment departments, private companies,and parastatal organisations undertake EIAs;

that some forms of environmentalassessments have occasionally been carried ondevelopment initiatives (WB & ADB fundedprojects) prior to its systematic

institutionalisation;


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REMA established under article 63 of theOrganic Law (No. 04/2005 of 08/04/2005)ischarged with the responsibility to oversee,co-ordinate and supervise the

operationalization of the EIA process; Under Article 65 of the Organic Law, the law

provides that a project cannot receive

authorization for implementation unlessissued with a certificate of clearance (EIA

Certificate of Authorisation).


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EIA process involves the following four stages,namely:1. the Environmental Impact Initiation phase, which

involves: screening and scoping;

1. the Impact Study Phase, which includes: impactidentification and analysis, development of mitigationmeasures and preparation of the report;

1. The decision-making & authorization phase entails

review of EIA reports leading to decision-making;

1. environmental management Plan and follow-up phase:deals with monitoring and costing of activities of theproject during its implementation


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The law provides that an EIA must be conductedbefore a developer implements a project;

in situations where projects are already implemented

(before coming into force of the Organic Law of May1st, 2005), such projects must undertake anEnvironmental Audit to ensure environmentalcompliance;

EIA Process starts with a Developer submitting anapplication for EIA of a proposed project to REMA in

form of a Project Brief.


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REMA registers the Project Brief as the developersformal application for an EIA;

The purpose is to enable the Authority (and Lead

Agencies ) establish whether or not the proposedactivities are likely to have significant environmentalimpacts;

to determine the level of EIA required (screening);

If adequate mitigation measures are identified in theProject Brief, this may eliminate the need for a fullEIA and a project may be approved with or withoutimplementation condition .


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The EIA Procedure Guidelines categorisesprojects into three categories or sometimesreferred to as levels of impact:

Category 1 (Impact level 1): Full EIA notrequired. REMA advises on the appropriateenvironmental management measures (plan);

Exercise may take 18 days from the dayreceived the project brief;( days may be lessor more depending on the nature of theproject)


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Category 2 (Impact level 2): ):projects under this category are screened todetermine whether or not a full EIA isneeded. In this connection, REMA providesthe developer with clear indication of theadditional information required. Once thisinformation is received, REMA will determine

whether or not a full EIA of the project isneeded.


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Category 3 (Impact level 3):Full EIA is required. Projects in this categoryinclude; urban development, Construction andrehabilitation of trunk roads (transportation),dams and artificial lakes, rivers and waterresources, airport, railways, Construction ofhuge buildings, fisheries (commercial), mining,

forestry related activities, agriculture,processing and manufacturing industries,electrical infrastructure,


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construction of pipelines, construction ofpetrol stations, Construction of Coffeewashing stations, and waste disposal facilities;

REMA in addition to the mandates ofadministering and supervising EIAs, it hasalso power or responsibility to issue a permitor licence normally referred to in Rwanda as

EIA Certificate of Authorisation .


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Challenges to operationalise EIA

the current check list form being used issubjective and tend to focus on industrialprocesses and inappropriate for non-industrialprojects;

The applicant is required to produce projectbrief, which takes more time and cost toprepare;

The other area that requires more focus is todetermine the threshold value judgementthat must be applied to EIA on case-by-casebasis.


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The main output of the scoping exercise is to

determine the ToR for the EIA study;

The practice in REMA is that, the ToR areeither prepared by the developer or produced

by REMA;

If the ToR is produced by the developer thecondition is that the ToR must be submitted

to REMA for endorsement;

This seem to be very limiting and timeconsuming, perhaps REMA should revisit theprocess and leave the responsibility ofproducing the ToR to the developer


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Quality of the EIAs

The quality of EIRs varies and this isbecause some are prepared merely toobtain EIA Certificate of clearance;

Some of the EIR are hurriedly done,resulting into rejection and otherssubjected to redone;

Rejection of the EIRs creates problembetween the developer and EIA experts asthe developers in most cases are adamantto pay the EIA expert on ground that the

EIR is substandard because has beenre ected b the authorit REMA .


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Quality of the EIAs

on the basis that EIA is still new in Rwanda ,the latter has been encouraging as manyindividuals as possible to participate incarrying out EIAs, this created problem of

increasing number inexperienced practitionerswhose quality of work is of poor quality;

More often application of EIA is done afterproject development has commenced, whileothers apply as consequence of the projecthaving beenhalted by regulatory authorities(many cases). This do not allow opportunity toaddress the impacts that would have been avoided.


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Decision-making and appeals against

decisions

the Government has an appeal system underwhich 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, butgiven that REMA is an affiliated organisationunder the Ministry of Lands, Environment,

Forestry, Water and Mines (MINITERE)there can be a tendency of biasness in termsof decision


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Lack of capacity in both Government and the private

sector to prepare quality EIRs;

This problem is compounded by increasing demandsplaced upon REMA by new development initiativesespecially in areas of great economic activity such asmethane (CH4) gas, and various donors anddevelopment agency requirements;

training needs that have been expressed by many

staff include formal training on EIA, SEA techniquesand assessment of trans boundary and cumulativeeffects in the EIA process.


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Cost of Conducting EIA and Processing Fees

The levy for processing EIA that needs to be

fixed by law establishing the National Fundfor the Environment is not yet in place;

the draft bill proposes the levy to be 0.01%

of the amount invested excluding theoperating cost;

The authority (REMA) is still depending onthe ordinary budget from the government,

which is not sufficient.


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Opportunities for Improving the EIA

Process publicize the environmental organic law,

developing new legislations and Ministerialorders;

increasing private sector and publicparticipation in the process;

Developing EIA Audits Guidelines andconducting EIA Audits;

strengthening the private-public partnership;

promoting and supporting capacity building; strengthening and developing enforcement

mechanism


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Conclusion

ownership of EIA process need to be realisedthrough increasing capacity both at REMAand district levels,

Awareness and sensitization of stakeholdersto the concepts and principles of EIA;

legal instruments and enforcementmechanisms to be put in place to assess andcontrol implementation of auditing activitiesand monitoring plans;


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Conclusion (cont.) improve public participation and make members of the

public feel they are important and needed in the EIAprocess so as to attract their interest andparticipation;

Government of Rwanda need to take the leading role

in financing EIAs, majority are financed through loansfrom financial institutions;

Government need to take its internationalcommitments and agreements to ensure that

environmental concerns are integrated in thedevelopment process; Develop effective EIAs research information

sharing networks, exchange of knowledge andexperience, linking local, national sub regional andregional institutions. These are essential for capacitybuilding


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THANK YOU

641. mashinga, eia as planning tool and its effectiveness in rwanda

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