United Nations
Global Environment
Environment Programme
Facility
UNEP-GEF WIO-LaB PROJECT
ADDRESSING LAND BASED ACTIVITIES
IN THE WESTERN INDIAN OCEAN
REGIONAL TASK FORCE ON ENVIRONMENTAL IMPACT
ASSESSMENT (EIA)
The Report of the Inception Meeting
Maputo, MOZAMBIQUE, 25- 26 July 2006
UNEP/GEF/WIOLAB/EIA.1/06
First published in Kenya in 2006 By the United Nations Environment Programme.
Copyright 2006, United Nations Environment Programme
This publication may be reproduced in whole or in part and in any form for educational or non-profit
purposes without special permission from the copyright holder provided acknowledgement of the
source is made. UNEP would appreciate receiving a copy of any publication that uses this publication
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No use of this publication may be made for resale or for any other commercial purpose without prior
permission in writing from the United Nations Environment Programme.
UNEP/GEF WIO-LaB Project Management Unit
United Nations Environment Programme
United Nations Avenue, Gigiri,
P.O Box 30552, Nairobi, Kenya
Tel: +254 020 7621248/7621270/7621206
Email: wiolab@unep.org
DISCLAIMER:
The contents of this report do not necessarily reflect the views and policies of UNEP or the GEF. The
designations employed and the presentations do not imply of any opinion whatsoever on the part of the
UNEP, or of the GEF, or of any cooperating organization concerning the legal status of any country,
territory, city or area, of its authorities, or of the delineation of its territories or boundaries.
For citation purposes this document may be cited as:
UNEP, 2006. Addressing Land-based Activities in the Western Indian Ocean. Report of the First
Meeting of the Environmental Impact Assessment (EIA) Regional Task Force. UNEP/GEF/WIO-
LaB/EIA.1/06
UNEP/GEF/WIOLAB/EIA.1/06
TABLE OF CONTENTS
Executive summary
iv
Resume
v
Decisions and recommandations
vi
Décisions et recommandations
viii
1.
OPENING OF THE MEETING
1
1.1
Welcome remarks by the Project Manager, UNEP-GEF WIO-LaB Project.
1
1.2
Welcome remarks by the Programme Officer, UNEP/Nairobi Convention.
1
1.3
Official opening of the meeting by official of the Ministry for the Coordination of
Environmental Affairs (MICOA), Mozambique
2
1.4
Introduction of the members of the Regional Task Force on EIA.
3
2.
ORGANIZATION OF THE MEETING AND ELECTION OF OFFICERS (CHAIR AND
RAPPORTEUR) 3
3.
CONSIDERATION AND ADOPTION OF THE AGENDA
3
4.
BRIEFING ON THE ABIDJAN AND NAIROBI CONVENTIONS
3
5.
BRIEFING ON THE GENERAL OBJECTIVES AND ACTIVITIES OF THE WIO-LAB
PROJECT
5
6.
BRIEFING AND DISCUSSION ON THE OBJECTIVES OF THE EIA COMPONENT
OF THE WIO-LAB PROJECT
6
7.
DELIBERATIONS ON THE TERMS OF REFERENCE (TOR) OF THE REGIONAL
EIA TASK FORCE
7
8.
DELIBERATIONS ON THE TERMS OF REFERENCE (TOR) OF THE REGIONAL
EIA EXPERT
8
9.
BRIEFING ON THE ROLE OF CLEAA
8
10. COUNTRY BRIEFINGS ON THE EXISTING EIA FRAMEWORKS AND PROCESSES
IN PARTICIPATING COUNTRIES
9
10.1
Comoros 9
10.2
Kenya
10
10.3
Madagascar 12
10.4
Mauritius 12
10.5
Tanzania 14
10.6
Mozambique 17
10.7
Seychelles 17
10.8
South Africa
18
10.9
Recapitulation 19
11. DELIBERATIONS ON NEED AND OPPORTUNITIES FOR ALIGNMENT OF EIA
FRAMEWORKS IN THE REGION
21
12. CONSIDERATION AND REVIEW OF EXISTING REGIONAL LEGISLATIVE
FRAMEWORK FOR EIA AS ESTABLISHED BY THE NAIROBI CONVENTION
22
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13. CONSIDERATION OF THE WORK PLAN FOR THE EIA TASK FORCE IN THE
PERIOD 2006-2007
22
14. ADOPTION OF THE DECISIONS AND RECOMMENDATIONS OF THE MEETING 22
15. ADMINISTRATIVE MATTERS
23
16. CLOSURE OF THE MEETING
23
17. ANY OTHER BUSINESS
23
LIST OF ANNEXES
Annex 1: Provisional Agenda
Annex 2: Provisional List of Participants
Annex 3: List of Documents
Annex 4: Terms of Reference of the Regional EIA Task Force.
Annex 5: Terms of Reference of the Regional EIA Expert.
Annex 6: Guidelines for presentations on EIA by country delegates.
Annex 7: Work Plan for implementation of the EIA Component of WIO-LaB Project.
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EXECUTIVE SUMMARY
The inception meeting of the Environmental Impact Assessment (EIA) Regional Task Force was held
in Maputo, Mozambique in the period between 24th and 26th July 2006. The meeting was attended by
20 participants representing national agencies/institutions responsible for coordination and
enforcement of environmental impact assessment regulations in the Western Indian Ocean region. The
meeting was officially opened by Mr. Policarpo Napica, the National Director in-charge of
Environmental Management in the Ministry for Coordination of Environmental Affairs (MICOA) in
Mozambique.
The main goal of the meeting was to initiate and agree on the workplan for implementation of the EIA
Component of the WIO-LaB Project, particularly in regard to the development of specific guidelines
and processes for effective implementation of EIA (including Strategic Environmental Assessment
[SEA]) in participating countries. Following detailed presentations by the representatives of
participating countries, it emerged that most of the countries in the Western Indian Ocean (WIO)
Region have in place elaborate legal and institutional mechanisms for EIA. However, in terms of
implementation and monitoring, most of the countries have limited capacity and resources to facilitate
effective implementation of EIA/SEA. There is also no mechanism in the WIO region for dealing with
transboundary environmental impacts. In this regard, it was suggested that efforts be focused towards
the establishment of regional mechanisms for dealing with transboundary environmental impacts as
envisaged in the relevant articles of the UNEP/Nairobi Convention and its new land-based
sources/activities (LBS/A) protocol.
The meeting reviewed and approved the Terms of Reference (ToR) of the Regional Task Force on
Environmental Impact Assessment and agreed on a workplan for implementation of activities. The
Task Force also reviewed the ToR of a Regional EIA Consultant who will facilitate the work of the
Task Force. The Task Force was also briefed on the expected outcomes of this component of the WIO-
LaB project, which will set the stage for implementation of targeted activities aimed at boosting the
implementation of EIA/SEA in participating countries and in particular, improvement of processes for
dealing with transboundary environmental impacts.
During the meeting, the Task Force was briefed on the provisions of the UNEP/Nairobi Convention
related to EIA, including the provisions contained in the proposed land-based activities/sources
protocol that is under preparation. The Regional EIA Consultant will be expected to work with the
Legal Consultant in order to review the specific clauses on EIA that are contained in Article 13 of the
UNEP/Nairobi Convention and the new LBS/A Protocol. Recommendations that would be made by
the EIA and legal Consultant would be reviewed by both the Regional EIA and Legal and Technical
Review Task Forces.
The key outcome of the meeting was establishment of an active network of EIA enforcers in the WIO
Region with a clear vision of coming up with strategies and common EIA approaches for the Nairobi
Convention region. This network will be facilitated through a Regional EIA Task Force whose Terms
of Reference were discussed and approved by the delegates during the meeting.
The decisions and recommendations of the inception meeting of the Regional EIA Task Force are
presented in the following section.
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RESUME
La réunion introductive du Groupe de travail régional sur l'Evaluation de l'impact environnemental (EIE)
a eu lieu à Maputo au Mozambique du 24 au 26 juillet 2006. Y ont assisté 20 représentants
d'agences/institutions nationales responsables de la coordination et de la mise en application de la
réglementation relative à l'Evaluation de l'impact environnemental dans la région de l'océan Indien
occidental (OIO). La réunion a été officiellement ouverte par M. Policarpo Napica, le Directeur national
chargé de la gestion environnementale auprès du Ministère de l'Environnement (MICOA) au
Mozambique.
L'objectif majeur de cette réunion était d'établir et d'approuver un plan de travail pour la mise en oeuvre
de la composante EIE du Projet WIO-LaB et, en particulier, le développement de lignes directrices et
processus spécifiques en vue d'une mise en oeuvre efficace d'EIE (y compris l'Evaluation
environnementale stratégique [EES]) dans les pays participants. Suite aux exposés détaillés des
représentants des pays participants, il a été constaté que la plupart des pays de la région de l'océan Indien
occidental ont des dispositifs juridiques et institutionnels bien établis en matière d'EIE. Cependant, en ce
qui concerne la mise en oeuvre et le suivi, la plupart des pays disposent de capacités et de ressources
limitées en vue de faciliter une mise en oeuvre efficace de l'EIE/EES. De plus, il n'existe aucun
mécanisme régissant les impacts environnementaux transfrontaliers dans la région de l'OIO. A cet égard,
il a été suggéré que les efforts doivent être concentrés sur l'établissement de mécanismes régionaux
régissant les impacts environnementaux transfrontaliers comme envisagé dans les articles connexes de la
Convention de Nairobi/PNUE et son nouveau Protocole sur les activités et sources de pollution terrestres
(LBS/A).
La réunion a examiné et approuvé les Termes de référence (TdR) du Groupe de travail régional sur
l'Evaluation de l'impact environnemental et s'est accordé sur un plan de travail pour la mise en oeuvre des
activités. Le Groupe de travail a également passé en revue les TdR d'un Consultant régional en EIE qui
facilitera les opérations du Groupe de travail. Ce dernier a aussi été informé quant aux résultats escomptés
pour cette composante du Projet WIO-LaB, qui préparera le terrain pour la mise en oeuvre des activités
ciblées qui visent à encourager la mise en oeuvre de l'EIE/EES au sein des pays participants et, plus
particulièrement, l'amélioration des processus de gestion des impacts environnementaux transfrontaliers.
Au cours de la réunion, le Groupe de travail a été instruit des dispositions de la Convention de
Nairobi/PNUE liées à l'EIE et cela comprend les dispositions contenues dans le Protocole sur les activités
et sources de pollution terrestres qui sont en cours de préparation. Il est prévu que le Consultant régional
en EIE collabore avec le Consultant juridique afin d'examiner les clauses portant sur l'EIE qui sont
reprises dans l'Article 13 de la Convention de Nairobi/PNUE et son nouveau Protocole LBS/A. Les
recommandations qui seront émises par les deux consultants précités seront examinées par le Groupe de
travail régional sur l'EIE et le Groupe de révision juridique et technique.
Le résultat essentiel obtenu lors de cette réunion consiste en l'établissement d'un réseau actif de
participants qui sont chargés de la mise en application de l'EIE dans la région de l'OIO et qui ont une
vision claire quant à l'établissement de stratégies et d'approches communes en matière d'EIE pour la
Convention de Nairobi/PNUE. Les activités du réseau seront facilitées par le biais d'un Groupe de travail
régional sur l'EIE dont les Termes de référence ont été abordés et approuvés par les délégués pendant la
réunion. Les décisions et recommandations du Groupe de travail régional sur l'EIE dans le cadre de la
réunion introductive sont présentées ci-après.
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DECISIONS AND RECOMMANDATIONS
The Inception meeting of the Environmental Impact Assessment Regional Task Force meeting was
held in Maputo, Mozambique in the period 25th-26th July 2006. The meeting elected Madagascar as
the Chair of the meeting and Mauritius as the Rapporteur and made the following decisions and
recommendations.
1. The meeting took note of the key objectives of the Environmental Impact Assessment (EIA)
component of the UNEP/WIO-LaB project and noted that the achievements of these objectives
are in tandem with those of the UNEP/Nairobi Convention and the text of the proposed Land-
based Sources/activities Protocol of the Convention, and called for full implementation of the
convention and agreed activities as defined in the work plan adopted in 2004.
2. The delegates considered and endorsed, with amendments, the Terms of Reference of the EIA
Regional Task Force established under the auspices of the UNEP/WIO-LaB
Project/UNEP/Nairobi Convention and called for the WIO-LaB Project Management Unit to fully
support and facilitate the operations of the Task Force in order to fulfill its assignments.
3. The delegates considered and endorsed, with amendments, the Terms of Reference of the
Regional EIA Expert recruited by the UNEP/WIO-LaB Project and called the WIO-LaB Project
Management Unit and the members of the EIA Regional Task Force to fully support and facilitate
the work of the consultant in order to achieve the set objectives.
4. The meeting took note of the various EIA approaches and/or regulations that are applied by the
Contracting Parties to the UNEP/Nairobi Convention and called for development of regional
framework and mechanisms for dealing with transboundary environmental impact assessments in
order to ensure better protection and management of the coastal and marine environment in the
Western Indian Ocean (WIO) Region.
5. The meeting also recommended the development of common approaches for dealing with specific
transboundary environmental impacts in the WIO Region.
6. The meeting emphasized the need for Nairobi Convention to further strengthen the partnership
with other regional/international initiatives in the WIO such as IUCN, WWF, CLEAA etc with a
view of establishing mechanisms for the implementation of sector specific Regional Strategic
Environmental Assessment (SEA).
7. The meeting took note of the provisions of the UNEP/Nairobi Convention (including proposed
text for a new Land-based Sources/Activities Protocol) regarding environmental impact
assessment and recommended partnership/collaboration with other existing regional/international
mechanisms such as IAIA, CLEAA, etc, in order to enhance sharing of information and
experiences on the application of EIA in the WIO Region.
8. The delegates also took note of the draft questionnaire developed by the Regional Consultant for
collection of information on the existing EIA policies, regulations and institutional frameworks in
participating countries and agreed to provide the required information to the Regional EIA
Consultant within the specified timeframe.
9. The meeting considered and approved the work plan for the implementation of the EIA
Component of the WIO-LaB Project.
10. The meeting agreed that the issue of capacity building in EIA implementation is critical in the
WIO region and needs to be taken into consideration in the future phase of the project. On the
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basis of recommendations of the review of existing national EIA frameworks, the EIA Regional
Task Force should make specific recommendations on targeted capacity-building activities.
The electronic versions of the decisions and recommendations of the meeting were distributed to all
delegates following the closure of the meeting on Wednesday 26th July 2006.
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DECISIONS ET RECOMMANDATIONS
La réunion introductive du Groupe de travail régional sur l'Evaluation de l'impact environnemental
s'est tenue à Maputo au Mozambique du 25 au 26 juillet 2006. La réunion a élu Madagascar en tant
que Président de la réunion et Maurice en tant que Rapporteur. Elle a également émis les décisions et
recommandations suivantes :
1. La réunion a pris bonne note des objectifs clés de la composante sur l'Evaluation de l'impact
environnemental (EIE) du Projet WIO-LaB/PNUE ainsi que du fait que l'atteinte de ces objectifs
va de pair avec ceux de la Convention de Nairobi/PNUE et le texte du Protocole sur les activités
et sources de pollution terrestres de la Convention qui a été proposé. Elle a également requis la
pleine mise en oeuvre de la Convention et a approuvé les activités comme définies dans le plan de
travail adopté en 2004.
2. Les délégués ont examiné et approuvé, avec amendements, les Termes de référence du Groupe de
travail régional sur l'EIE établi sous les auspices du Projet WIO-LaB/PNUE et de la Convention
de Nairobi/PNUE. Ils ont aussi demandé à l'Unité de gestion du projet WIO-LaB de soutenir et
faciliter pleinement les opérations du Groupe de travail afin que ce dernier puisse s'acquitter de sa
mission.
3. Les délégués ont examiné et approuvé, avec amendements, les Termes de référence du Consultant
régional en EIE engagé par le Projet WIO-LaB/PNUE et ils ont demandé à l'Unité de gestion du
projet WIO-LaB et aux membres du Groupe de travail sur l'EIE de soutenir et faciliter pleinement
le travail du Consultant afin qu'il puisse mener à bien les objectifs fixés.
4. La réunion a pris bonne note des diverses approches et/ou réglementations en matière d'EIE qui
sont appliquées par les parties contractantes à la Convention de Nairobi/PNUE et elle a demandé
l'établissement d'un cadre de travail et de mécanismes régionaux afin de gérer les évaluations des
impacts environnementaux transfrontaliers pour pouvoir assurer une meilleure protection et
gestion de l'environnement marin et côtier dans la région de l'océan Indien occidental (OIO).
5. La réunion a aussi recommandé l'établissement d'approches communes pour la gestion des
impacts environnementaux transfrontaliers à caractère particulier dans la région de l'OIO.
6. La réunion a mis l'accent sur la nécessité pour la Convention de Nairobi de renforcer davantage
le partenariat avec d'autres initiatives régionales/internationales dans la région de l'OIO telles que
celles de l'IUCN, du WWF, de la CLEAA, etc. en vue d'établir des dispositifs pour la mise en
oeuvre de l'Evaluation environnementale stratégique (EES) régionale propre aux différents
secteurs.
7. La réunion a pris bonne note des dispositions de la Convention de Nairobi/PNUE (y compris le
texte proposé du Protocole sur les activités et sources de pollution terrestres) en matière
d'évaluation de l'impact environnemental. Elle a également recommandé un(e)
partenariat/collaboration avec d'autres mécanismes régionaux et internationaux existants tels que
ceux de l'AIEI, la CLEAA, etc. de manière à améliorer l'échange des informations et expériences
sur la mise en application de l'EIE dans la région de l'OIO.
8. Les délégués ont aussi pris bonne note de l'avant-projet de questionnaire établi par le Consultant
régional pour la collecte d'informations sur les politiques, réglementations et cadres
institutionnels en matière d'EIE dans les pays participants et ils se sont accordés à fournir les
informations requises au Consultant régional en EIE endéans les délais prescrits.
9. La réunion a examiné et approuvé le plan de travail pour la mise en oeuvre de la composante EIE
du Projet WIO-LaB.
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10. La réunion s'est aussi accordée sur le fait que le renforcement des capacités dans le cadre de la
mise en oeuvre de l'EIE est critique dans la région de l'OIO et qu'il doit être pris en considération
dans la phase suivante du projet. Sur base des recommandations émanant de l'examen des cadres
d'EIE nationaux existants, le Groupe de travail régional sur l'EIE devrait émettre des
recommandations spécifiques sur les activités ciblées de renforcement des capacités.
Les versions électroniques des décisions et recommandations de la réunion ont été distribuées à tous les
délégués après la clôture de la réunion le mercredi 26 juillet 2006.
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1.
OPENING OF THE MEETING
1.0.1 The UNEP/WIO-LaB Project Manager, Dr. Peter Scheren called the meeting to order at 9.15 am
on Tuesday 25th July 2006.
1.1 Welcome remarks by the Project Manager, UNEP-GEF WIO-LaB Project.
1.1.1 The WIO-LaB Project Manager, Dr. Peter Scheren welcomed all the participants to the
inception meeting of the Environmental Impact Assessment (EIA) Task Force. Dr. Scheren briefed the
meeting on the importance of the coastal and marine environment in the WIO Region in terms of
biodiversity and provision of socio-economic livelihoods. He noted that the large population in the
coastal zones of the region is already impacting on the marine and coastal environment as evidenced
by increasing destruction of key habitats. He noted that it was on this basis that countries in the region
signed the UNEP/Nairobi Convention in 1985 in order to promote concerted efforts in the protection
and management of the coastal and marine environment in the region. He reminded the participants
that the Conference of Contracting Parties to the Nairobi Convention has subsequently called for
actions on land-based activities/sources that contribute most of the pollution and degradation of the
coastal and marine environment in the region. It was on this basis that the UNEP/WIO-LaB Project
`Addressing land-based activities in the Western Indian Ocean region' was conceived.
1.1.2 Dr. Scheren also briefed the meeting about the objectives and mandates of the WIO-LaB Project
noting that the project is dealing with key priority of governments that are Contracting parties to the
Nairobi Convention. Noting the development of regional guidelines on EIA was among the priorities
identified in the region, Dr. Scheren also briefed the meeting on the objectives of the EIA component
of the WIO-LaB Project. He noted that Nairobi Convention has specific clauses the EIA. He also
noted that almost all countries in the region have comprehensive EIA Frameworks; however there is
no mechanism for the coordination of environmental issues that have transboundary impacts such as
oil and gas exploration, mining, habitat destruction and its impact to fisheries, etc. He noted that the
present meeting will chart the way forward in regard to implementation of activities related to
transboundary environmental issues and impacts.
1.1.3 Dr. Scheren also took this opportunity to brief the delegates on the arrangements for
deliberations of the various components of the agenda items and what the meeting was supposed to
achieve. Dr. Scheren also thanked the Ministry for Coordination of Environmental Affairs (MICOA)
for having agreed to host this inception meeting in Mozambique.
1.2 Welcome remarks by the Programme Officer, UNEP/Nairobi Convention.
1.2.1 The WIO-LaB Project Manager, Dr. Peter Scheren welcomed Mr. Dixon Waruinge, the
Programme Officer in-charge of UNEP/Nairobi Convention to make his official remarks.
1.2.2 On behalf of the Nairobi Convention Secretariat and UNEP, Mr. Waruinge thanked the
Government of Mozambique through the Ministry for Coordination of Environmental Affairs
(MICOA) for having agreed/accepted to host the meeting in Mozambique. He also welcomed the
participants to the meeting.
1.2.3 Mr. Waruinge provided an overview of both the Nairobi and Abidjan Conventions for the
protection, management and development of the coastal and marine environment in West and Central
and Eastern Africa, respectively. He briefed the meeting about the genesis of the two conventions
including the coordination arrangements.
1.2.4 Mr. Waruinge noted that EIA s an evolving and ongoing process and in the last decade many
countries in the WIO region enacted EIA regulations and allocated resources for its implementation.
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However, resources allocated were not substantive in the region and in many instances; EIA was seen
as an obstructive regulation that hampered development efforts. The EIA regulations were similar and
did not take into account the uniqueness of countries. This was due to the fact that most of them were
done by same international consultants who did little to accustom to local conditions. There was also a
shortage of capacity-building programmes in the region. He also noted that most of the EIA
documents were voluminous, too technical and unappealing to policy makers. All the above meant that
EIA processes were not effective in the WIO region and it was on this basis that an EIA Component
was devised for the WIO-LaB Project with an aim addressing the concerns.
1.2.5 Mr. Waruinge noted that Nairobi Convention provides the contracting parties with an obligation
of sharing information and experiences in the management and protection of the coastal and marine
environment. He noted that there is an urgent need o find out whether there is a mechanism for sharing
information and experiences on the application of EIA in participating countries in the WIO Region.
1.2.6 Mr. Waruinge also briefed the meeting on the major goals of the Nairobi Convention in as far
the management and development of the coastal and marine environment in Western Indian Ocean
region is concerned. He briefed the participants on the objectives of the Nairobi Convention and how
the WIO-LaB Project is addressing the work programme of the convention.
1.2.7 Mr. Waruinge also noted the importance of addressing key issues in as far as EIA is concerned.
He noted that most of the countries in the WIO Region have their own EIA guidelines and it would be
important for the delegates to discuss the commonalities between countries and especially how the
same can be used to deal with transboundary environmental matters.
1.3 Official opening of the meeting by official of the Ministry for the Coordination of
Environmental Affairs (MICOA), Mozambique
1.3.1 The WIO-LaB Project Manager Dr. Peter Scheren invited the National Director of
Environmental Management in the Ministry of Coordination of Environmental Affairs (MICOA), Dr.
Policarpo Napica to make his official speech. Dr. Napica welcomed the delegates and wished them a
good stay in Mozambique. He also expressed his appreciations to the Nairobi Convention Secretariat
and WIO-LaB Project for having given Mozambique the honour of hosting the inception meeting of
the Regional EIA Task Force.
1.3.2 Dr. Napica took this opportunity to remind the delegates on the importance of the coastal and
marine environment in the WIO Region, especially in regard to their contribution to various socio-
economic activities such as transport, tourism, fisheries, etc. He noted the increasing degradation of
coastal marine resources and the various challenges that countries in the WIO region are facing in the
management of the coastal and marine environment. He noted the management of the coastal and
marine environment is a matter of great concern in view of the need curtail further degradation of
ecological systems and associated socio-economic livelihood systems.
1.3.3 Dr. Napica noted that the inception meeting of EIA Regional Task Force would provide a good
opportunity for EIA experts in the region to discuss and establish modalities of how EIA can
contribute to the protection, preservation and management of the coastal and marine environment in
the Western Indian Ocean region.
1.3.4 Dr. Napica concluded his speech by urging the delegates to enjoy the warm hospitality provided
by the people of Mozambique and wished the delegates good deliberations.
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1.4 Introduction of the members of the Regional Task Force on EIA.
1.4.1 The participants were requested to introduce themselves stating the countries and institutions
that they represented. There followed a tour de table in which all participants introduced themselves.
The list of participants is presented in this report as Annex 2.
2.
ORGANIZATION OF THE MEETING AND ELECTION OF OFFICERS
(CHAIR AND RAPPORTEUR)
2.1
The WIO-LaB Project Manager, Dr. Peter Scheren brought to the attention of the delegates the
requirements for the election of the Chairperson and the Rapporteur of the inception meeting of the
EIA Regional Task Force. He then requested country delegates to propose names for the two
positions.
2.2
Madagascar nominated Mozambique for the post of the Chairperson. This nomination was
seconded by Kenya and was unanimously accepted by the delegates. However, Dr. Policarpo Napica,
on behalf of Mozambique, noted that due to language limitations, it may be difficult for Mozambique
to chair the meeting. In this regard, there followed a new nomination in which Madagascar was
proposed as the Chair in view of its current position as the Chair of the Bureau for Nairobi
Convention. This proposal was duly accepted by all delegates. Ms. Chantal Andrianarivo, on behalf of
Madagascar and the Chair of the Bureau of Nairobi Convention accepted to chair the meeting.
2.3 For the post of the Rapporteur, Comoros nominated Mauritius and this nomination was
unanimously accepted by the delegates. The representative of Mauritius, Mr. Keshore Kumar
Heeramun accepted the election on behalf of Mauritius. The Rapporteur took note of the key decisions
and recommendations of the meeting and worked in close liaison with the UNEP/WIO-LaB Project
Secretariat that had the responsibility of preparing the detailed report of this meeting.
3.
CONSIDERATION AND ADOPTION OF THE AGENDA
3.1
The elected Chairperson of the inception meeting of the Regional Task Force on EIA, Ms.
Chantal Andrianarivo, who is also the UNEP/Nairobi Convention Focal Point for Madagascar,
introduced the provisional agenda that was prepared by WIO-LaB Project Management Unit. She took
the delegates through each of the agenda items and requested them to request for any necessary
clarification and/or amendment.
3.2
There was an amendment to the draft provisional agenda that was presented to the delegates.
The delegates requested addition an agenda item on the Nairobi and Abidjan Convention presentation
to be made by Mr. Dixon Waruinge. The final agenda is presented in this report as background
document presented in Annex 1.
4.
BRIEFING ON THE ABIDJAN AND NAIROBI CONVENTIONS
4.1
The Chairperson Ms. Chantal Andrianarivo, invited Mr. Dixon Waruinge, the Programme
Officer in-charge of UNEP/Nairobi Convention and Abidjan Conventions to brief the meeting on the
two UNEP supported Conventions.
4.2
Mr. Waruinge briefed the meeting on the Abidjan and Nairobi Conventions for the Protection,
Development and Management of the Marine and Coastal Environment whose goal is to foster
regional cooperation in the protection, management and development of the coastal and marine
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environment. He briefed the meeting on the Geographical jurisdiction of the two conventions and
noted that the Abidjan Convention that was signed in 1981 came into force in 1984 and covers 22
countries in central and west Africa out of which 12 have ratified the convention. Nairobi Convention
that was signed in 198, came into force May 1996 and it covers 10 Countries in Eastern Africa that
have all have ratified the convention.
4.3
Mr. Waruinge briefed the meeting on the main objectives of the two Conventions and Action
Plans. These objectives are: (1) foster regional cooperation in the protection, management and
development of the coastal and marine environment, (2) serve as a platform for regional dialogue and
implementation of global conventions, MEAs and global programmes and (3) serve as a regional
platform for coordination of activities that will contribute to sustainable development of the shared
marine and coastal resources; (4) to serve as a regional platform for coordination of activities that will
contribute to sustainable development of the shared marine and coastal environment and (5) promote
the development of integrated management, based on the ecosystem approach.
4.4
Mr. Waruinge also briefed the meeting on the Adopted work plan of the Convention noting that
this includes implementation of effective regional EIA processes through (a) review of existing
national EIA processes and (b) draft regional guidelines for EIA in the transboundary context (the
ESPOO Convention on Transboundary Impact Assessment as a model). Mr. Waruinge also briefed the
meeting on the Article 13 of the Nairobi Convention that is focused on EIA. The Article 13 requires
each country to (a) develop guidelines to assist planning of major projects; (b) assess potential
environmental impacts from major projects (that may cause pollution, habitat degradation) and (c)
transmit information to other contracting parties that likely to be effected.
4.5
Mr. Waruinge also briefed the meeting on the requirements of different articles of Nairobi
Convention, particularly Article 12 on environmental damage from engineering work; Article 16 that
requires UNEP to consider and disseminate information as requested by contracting parties, Article 15
of protocol that requires contracting parties to inform the public as widely as possible of the
significance of MPAs and develop procedures for information dissemination with regard to
environmental effects of major projects.
4.6
Mr. Waruinge also appraised the meeting with experience in the region in as far as the
implementation of the convention is concerned. Key challenges experienced so far include; (a)
inadequate institutional infrastructure, as well as the lack of adequate expertise, experience and
information, (b) collection of data, frequently of little substantive relevance that takes considerable
time and causes delays, (c) a large proportion of marginally relevant background material are included
in the EIAs that are usually identical regardless of whether the project is proposed for the wetlands of
Bangladesh or the arid area of Kenya, (d) EIA reports are too voluminous, too technical and often they
have been of little value as practical management tools, (e) the cost of preparing EIA is frequently
very high, (f) there is lost political will as a result of the above shortcomings.
4.7
Mr. Waruinge also briefed the meeting on the obligations of States that are Contracting Parties
to the Nairobi Convention. He noted that States should provide on the basis of reciprocity, notification,
exchange of information, and agreed-upon consultation on the potential environmental effects of
activities under their control or jurisdiction which are likely to significantly affect other States or areas
beyond national jurisdiction. When information provided as part of an EIA indicates that the
environment within another State is likely to be significantly affected by a proposed activity, the State
in which the activity is being planned should, to the extent possible notify the potentially affected
State of the proposed activity and also transmit to the potentially affected State any relevant
information from the EIA.
4.8
Mr. Waruinge also briefed the meeting on what countries could do together in order to improve
the application of EIA at regional level. He noted that countries should review the Convention and the
Articles relevant to the EIA and establish whether the criteria and procedures for determining whether
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an activity is likely to affect the environment is defined clearly by legislation and regulation in their
countries. Countries should also strive to establish mechanisms of sharing information in a structured
way.
4.9 Mr. Waruinge noted that at national level, all EIA should include at the minimum, an
identification and description of measures available to mitigate adverse environmental impacts of the
proposed activity and including an assessment of the alternative measures. He noted that if this is
done, EIA will not be viewed as obstructionist to development. The EIA should assess impacts with a
degree of detail that is commensurate with their likely environmental significance. Countries should
also ensure that before a decision is made to issue an EIA license, government agencies, members of
the public, experts in relevant disciplines and interested groups should be allowed appropriate
opportunities to comment on the EIA Report. Also, in order for the decision makers to easily digest
the outcome of EIA, it would be important to provide them with a brief, non-technical summary of the
EIA Reports.
4.10 Following the above presentation, the Chair opened the floor for discussions. During the
discussions that followed, there was some further deliberations on the issue of EIA been perceived as
stopping development. Participants wondered whether there is any data that can be used to illustrate
this perception. It was however noted that this perception is partly due to the fact that projects of
different scales (small, medium or large) are usually subjected to the same EIA processes and
regulation requirements and the costs involved in undertaking them are usually exorbitant. It was
noted that some Non-Governmental Organizations have in the past used EIA to stop development
projects. It was emphasized that EIA should be seen as a management tool that provides developers
with recommendations on measures that can be used to mitigate adverse impacts.
4.11 There were some discussions at to whether Nairobi Convention has assessed the capacity in the
region to implement EIA as per the required standards and whether all countries are at the same level
in regard to implementation of EIA. It was however noted that no such assessment was carried out in
the WIO Region, and as such the capacities of different countries are not known at present. However,
in 1985 when signing the Nairobi Convention was ratified by the countries, there was some
information on the capabilities of countries at that time. However, at the moment there is no updated
information on the countries. It in this regard that UNEP/WIO-LaB Project aims at establishing the
current status and problems that countries are facing. The present meeting should provide some clarity
on the activities that have been undertaken in participating countries.
5.
BRIEFING ON THE GENERAL OBJECTIVES AND ACTIVITIES OF THE
WIO-LAB PROJECT
5.1
The Chair, Ms. Chantal Andrianarivo invited the UNEP/WIO-LaB Project Manager, Dr. Peter
Scheren to brief the meeting on the general objectives and key components and activities of the
UNEP/WIO-LaB Project. Dr. Scheren briefed the delegates on the key characteristics of the project
citing the participating countries, the duration of the project, the implementing and executing agencies
and main donors. He also briefed the meeting on the three objectives of the WIO-LaB Project
including the main components and activities that are been implemented in the eight countries that are
participating in the implementation of the project.
5.2
Dr. Scheren also briefed the meeting about the countries that are participating in the project
namely Kenya, Tanzania, Mozambique, South Africa, Seychelles, Comoros, Madagascar and
Mauritius. He also briefed them on the financiers of the project i.e. GEF, Government of Norway and
the Governments of participating countries. He also briefed them on the total budget of the project,
including contributions from GEF, Norway and in-kind contributions from participating governments.
Nairobi Convention and United Nations Office for Project Services (UNOPS) are the joint executing
agencies while UNEP is the implementing agency of the project.
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5.3
Dr. Scheren took this opportunity to brief the delegates on the Project Management Unit that is
housed within the Secretariat of UNEP/Nairobi Convention in Nairobi Kenya.
5.4
During the discussions that followed the above presentation, it was noted that there is a need to
identify opportunities for synergy with the other conventions that the participating countries are party
to. It was also noted that there is a need for the project to also take into account the coastal mining EIA
guidelines that were developed under the auspices of Secretariat for Eastern African Coastal Area
Management (SEACAM) that was launched in Maputo, Mozambique. It was noted that not all threats
to the coastal and marine environment are land-based and delegates wondered whether the project
should just restrict itself to the development of guidelines for the land-based activities. It was noted
that offshore activities such as oil and gas exploration, mining, transport, mariculture, etc also have
impacts on the coastal and marine environment and need to be considered while developing EIA
guidelines for the region. It was however clarified that although WIO-LaB Project is a demonstration
project for land-based sources and activities (LBSA), it will not restrict itself to LBSA when it comes
to the development of EIA Guidelines. It was noted that EIA Guidelines should be broad and should
cut across many disciplines.
5.5
There was also some discussion as to whether WIO-LaB Project will deal with pollution that
originates from Inland catchment areas and that impact on the coastal and marine environment. It was
however made clear that the project will also take into account pollution from river basins since
whatever happens in the river basins affects the coastal and marine environment.
5.6
It was also noted that emphasis should be on building the capacity of institutions so that they
can effectively deal with all EIA without restricting to either downstream or upstream sources of
pollution. Establishment of good regional and national institutions for EIA is crucial to deal with those
matters.
6.
BRIEFING AND DISCUSSION ON THE OBJECTIVES OF THE EIA
COMPONENT OF THE WIO-LAB PROJECT
6.1
The Chair, Ms. Chantal Andrianarivo invited the UNEP/WIO-LaB Project Manager, Dr. Peter
Scheren to brief the meeting on the general objectives of the UNEP/WIO-LaB Project EIA
Component. Dr. Scheren briefed the delegates on the EIA component of the project. He noted that
although different EIA frameworks in the WIO Countries, there is no regional framework for dealing
with transboundary issues. He emphasized on the need to explore opportunities for cooperation in the
region. He noted that the objective is to review and implement effective EIA in the WIO Region with
a special focus on transboundary impacts/issues. Dr. Scheren informed the meeting that key activities
will be undertaken will include review of existing EIA frameworks in participating countries, review
of lessons learnt in the implementation of EIA, and identify needs and opportunities for adjustment of
EIA frameworks in the region, review international examples of transboundary EIA frameworks,
develop regional guidelines and develop specific clauses on EIA for revised Nairobi Convention and
land-based sources/activities (LBSA) Protocol.
6.2
Dr. Scheren also briefed on the process noting that the Regional Task Force will be the
principal mechanism for implementation of activities. The Regional EIA Consultant will offer
facilitation services. He noted that the inception meeting is basically intended to chart the way forward
in regard to the implementation of the EIA component of the project.
6.3
Dr. Scheren introduced the Regional EIA Consultant Dr. Peter Tarr who is expected to work
closely with the EIA Regional Task in reviewing EIA approaches and experiences in participating
countries and also charting the way forward in the development of common approaches in the WIO
Region.
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6.4
The meeting took note of the key objectives of the EIA component of the UNEP/WIO-LaB and
noted that the achievements of these objectives are in tandem with those of the UNEP/Nairobi
Convention including the new text for the Land-based Sources/activities Protocol of the Convention,
and called for full implementation of agreed activities ad defined in the workplan.
6.5
There were also some discussions on the ESPOO Convention. It was noted that signatories of
ESPOO Convention commit themselves to work with downstream countries in order to reduce
transboundary impacts. Although it is an international convention, it seems to have been taken up well
in Europe and it has in fact fed into the development of EU EIA directives. It was also noted that
ESPOO Convention is applicable for large development projects such as those in the oil sector. It was
suggested that the meeting should consider to adapt ESPOO Convention if found good for the region.
6.6
The meeting was also informed about the transboundary EIA guidelines developed under the
auspices of the East African Community and that was adopted under EAC Environmental
Management Protocol. It was noted that this document may assist the Task Force draw lessons on the
development of transboundary EIA Guidelines. The meeting was also informed about the shared water
protocol of Southern Africa Development Community (SADC) that may be relevant to the project.
7.
DELIBERATIONS ON THE TERMS OF REFERENCE (TOR) OF THE
REGIONAL EIA TASK FORCE
7.1
The Chair, Ms. Chantal Andrianarivo invited the UNEP/WIO-LaB Project Officer, Dr. Johnson
U. Kitheka to brief the meeting on the general Terms of Reference of the EIA Regional Task Force.
Dr. Johnson U. Kitheka, the Project Officer/Environmental Scientist of the UNEP/WIO-LaB Project
briefed the delegates the specific roles and responsibilities of the Regional Task Force.
7.2
Dr. Kitheka informed the participants that the Regional EIA Task Force will work in close
liaison with the Regional EIA Consultant who will coordinate, guide and assist the Regional EIA Task
Force on the review and development of common regional approaches on the application of EIA in the
WIO Ocean region. The Consultant will also assist the Regional EIA Task Force in the process of
establishing lessons learnt in the implementation of EIA in participating countries.
7.3 During discussions that followed the above presentation, the need to include also
Environmental Auditing, was emphasized. Furthermore, it was also noted that it would be important to
capture Strategic Environmental Assessment (SEA) as a management tool for establishing the overall
implications of policies, plans and programmes, etc.
7.4
There were also discussions on the need for capacity-building. It was noted that this is an
important issue that should be captured by the Educational and Training Assessment that is being
carried out by Western Indian Ocean Marine Science Association (WIOMSA). It was noted that
existing capacity in the region is unknown. In this regard, it is not clear what needs to be done in the
region in as far as EIA is concerned. It was noted that the present meeting should establish exactly
what needs to be done and there should be some a concrete recommendation on the need for capacity-
building in the region.
7.5
There were also some discussions on the transboundary impacts, since it was felt that the island
states may not have impacts of transboundary nature in view of their geographical location. It was
however noted that projects in the islands could have large-scale impacts elsewhere in the region. For
instance oil spill can spread to other countries as a result of ocean currents that transpasses the region.
Also destruction of mangroves and coral reef ecosystems could that impact on the offshore fisheries in
the entire region.
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7.6
There were also some discussions on the issue of Strategic Environmental Assessment (SEA).
SEA was noted to be important and it was suggested that emphasis should also be put in the
development of SEA regional guidelines. It would be important to instead establish how SEA could
help EIA in the region. It was also emphasized that Regional EIA Guidelines will not replace the
existing EIA Guidelines in each of the participating countries. However, it was noted that where a
project cuts across two countries, the regional EIA guidelines will apply instead of the national ones.
7.7 Following discussions on the draft Terms of Reference, the delegates endorsed with
amendments the Terms of Reference of the EIA (EIA) Regional Task Force established under the
auspices of the UNEP/WIO-LaB Project/UNEP/Nairobi Convention and called for the WIO-LaB
Project Management Unit to fully support and facilitate the operations of the Task Force in order to
achieve its objectives. The adopted Terms of Reference are presented in this report as Annex 4.
8.
DELIBERATIONS ON THE TERMS OF REFERENCE (TOR) OF THE
REGIONAL EIA EXPERT
8.1
The Chair, Ms. Chantal Andrianarivo invited the UNEP/WIO-LaB Project Officer, Dr. Johnson
U. Kitheka to brief the meeting on the general Terms of Reference of the EIA Regional Expert. Dr.
Johnson U. Kitheka, the Project Officer/Environmental Scientist of the UNEP/WIO-LaB Project
briefed the delegates on the specific roles and responsibilities of the Regional Expert.
8.2
Dr. Kitheka informed the delegates that the Regional Consultant selected by the WIO-LaB
Project Management will be expected to work very closely with the EIA Regional Task Force in the
review of the common EIA approaches in the Region as well as the development of common regional
guidelines for assessment of transboundary issues/impacts and the coastal and marine environment in
the WIO Region.
8.3
Dr. Kitheka also briefed the meeting on the expected outputs of the consultancy including the
set timeframe for delivery of outputs: Thee expected outputs are: (1) Regional Review Report on EIA
approaches in the WIO Region, (2) Guidelines for EIA for the assessment of transboundary impacts in
the WIO Region (3) Draft revised EIA text of Article 13 of the Nairobi Convention and (4) Review of
the EIA clauses in Article 13 of the Protocol on Land-Based Sources and Activities.
8.4
Following discussions, the delegates endorsed with amendments the Terms of Reference of the
EIA Regional Consultant recruited by the UNEP/WIO-LaB Project and called the WIO-LaB Project
Management Unit and the members of the EIA Regional Task Force to fully support the consultant
achieve the set objectives. The adopted Terms of References is presented in Annex 5.
9.
BRIEFING ON THE ROLE OF CLEAA
9.1
The Chair, Ms. Chantal Andrianarivo invited Dr. Peter Tarr, the Executive Director of the
Southern African Institute for Environmental Assessment (SAIEA) to make a presentation on the role
of Capacity Development and Linkages for EIA in Africa (CLEAA). Dr. Tarr briefed the meeting on
the objectives and mandates of CLEAA including the associated sub-regional mechanisms for EIA
such as Eastern Africa Association for Impact Assessment (EAAIA), West Africa Association for
Impact Assessment (WAAIA), Southern Africa Association for Impact Assessment (SAAIA), Indian
Ocean Association for Impact Assessment (IOAIA), and Central Africa Association for Impact
Assessment (CAAIA).
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9.2 Dr. Tarr informed the meeting that CLEAA's regional nodes are recognized by African
Ministerial Conference on Environment (AMCEN) and the New Partnership for Africa's Development
(NEPAD).
9.3
During the discussions that followed the above presentation, it was suggested that the Nairobi
Convention should recognize the three active sub-regional nodes of CLEAA, namely WAAIAA,
SAIEA and EAIAA. It was also noted that it would be important to establish partnership with these
organizations.
10. COUNTRY BRIEFINGS ON THE EXISTING EIA FRAMEWORKS AND
PROCESSES IN PARTICIPATING COUNTRIES
10.0.1 The Chair, Ms. Chantal Andrianarivo introduced the above mentioned agenda item and invited
the UNEP/WIO-LaB Project Manager, Dr. Peter Scheren to brief the meeting on what was supposed
to be accomplished during the presentations by the representatives of participating countries. Dr.
Scheren informed the delegates that their presentations should be according to the format that was sent
to them in the background documents.
10.0.2 The Chair then invited the representatives of the Comoros, Seychelles, Madagascar, Kenya,
Tanzania, Mozambique and South Africa to make their presentations on the EIA frameworks in their
countries.
10.1 Comoros
10.1.1 Mr. Ismael Bachirou, Chef de Service Contrôle et Reglementation, made a presentation of the
Regulations governing EIA in the Union of the Comoros. He briefed the meeting on regulation n° 94-
018AF of June 22, 1994 whose objective is to preserve biodiversity and the integrity of the
environment which is regarded as an integral part of the universal inheritance in the Comoros. The
objective of the EIA regulation is also to create the conditions for the sustainable use of the natural
resources and to guarantee to all the citizens an ecologically balanced framework of life.
10.1.2 Mr. Bachirou briefed the meeting on Article 11 that describes the types of projects that must be
subjected to EIA as defined in the decree N° 01-52/CE of April 19, 201. He also briefed the meeting
on the key weaknesses of the legislation. In this regard, he noted that the legal texts are not explicit on
the limiting values and standards. The law also does not cover very well issues related biological
diversity.
10.1.3 Mr. Bachirou noted that EIA emphasizes the need to determine the direct and indirect,
temporary and permanent impacts of the proposed project paying attention to the potential impacts on
the human and physical environment. The EIA Report must also provide measures that will be
undertaken in order to reduce the detrimental effects of the proposed project on the environment.
10.1.4 Mr. Bachirou informed the meeting on the projects that must be subjected to EIA as defined in
Decree n°01-052/CE. He also informed the meeting that maintenance works and/or repairs to existing
works are not subjected to full EIA except if they have significant impacts on the environment.
10.1.5 Mr. Bachirou also briefed the meeting on the key institutions in the Comoros involved in the
preparation of the laws and the regulation on EIA. These include the National Parliament, Ministry of
Agriculture, Fishing, Craft industry, and Environment; Directorate of Environment, National
Institution for Research on Agriculture, Fishing and the Environment (INRAPE), National Center for
Documentation and Scientific Research (CNDRS) and the Director-General of the Planning.
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10.1.6 Mr. Bachirou also informed the meeting that in the preparation of the procedures for evaluation
of EIA Reports, the institutions that are usually involved in the Comoros include the Ministry of
Environment; Department of Environment, INRAPE, ONGS and the Technical Committee for EIA
(CTE). Institutions that are involved in processing application for projects development include the
Ministry of environment, Directorate of Environment, Municipalities, CTE and the Public. Evaluation
of the adequacy of EIA Report prepared by a hired practitioner is usually done by the National
Directorate of Environment, INRAPE, CTE and Ministries concerned and the general public is also
involved in the review process.
10.1.7 Mr. Bachirou also informed the meeting on the key institutions that are involved in the
negotiation with the project proponents on the compensation measures. These include the National
Directorate of Environment, CTE, the Public, Municipalities and Prefectures. For control of award of
compensations, the key institutions that are involved are National Directorate of Environment,
INRAPE, CNDRS and CTE.
10.1.8 Mr. Bachirou noted that in the determination of the level of compensation, the criteria used in
the Comoros is based on "polluter pays" principle. He also informed the meeting that the EIA Permit
is usually signed by the Minister following the advice of the CTE. The Director General and
Permanent Secretary in the Ministry of Environment can also sign the EIA permit. He also noted that
before Environment Impact Assessment permit is issued, other sectoral ministries are consulted and
the permit is issued once all other Ministries are in agreement. He noted that EIA permit is the first
license to be issued in the Comoros. In regard to the transboundary environmental impacts, he noted
that Comoros normally follows the Indian Ocean Commission (IOC) procedures.
10.1.9 During discussions that followed the above presentation, it was noted that in view of the fact
that there are no environmental standards to support EIA processes in Comoros, the WIO-LaB Project
should find ways of helping Comoros to come up with required standards. It was noted that in general,
there is lack of adequate environmental data that can be used to support management of the coastal
and marine environment in the WIO region. It was also noted that there are no specific procedures for
dealing with transboundary environmental impact issues.
10.2 Kenya
10.2.1 Mr. Maurice Mbegera, the Director of Compliance and Enforcement Department of the
National Environment Management Authority (NEMA) of Kenya made a presentation on the EIA
Process in Kenya. He informed the meeting that EIA in Kenya is governed by the Environment
Management and Coordination Act (EMCA), 1999-Part VI Section 58 to 67 and the Environmental
Impact (Assessment and Audit) Regulations (2003) are the principle legal framework guiding the EIA
Processes in Kenya.
10.2.2 Mr. Mbegera also briefed the participants on EIA process in Kenya from the stage when the
Terms of Reference (TOR) are developed to the stage when the EIA permit is granted. He noted that
the submission of the Project EIA Report must be accompanied by payment of a fee equivalent to
0.1% of the total cost of the project. This fee goes to general revenue account of NEMA and it is used
to run NEMA activities. 10% of this fee goes to the National Environment Management Fund and
90% is used to run NEMA activities.
10.2.3 Mr. Mbegera also briefed the meeting on the role of the National Environmental Tribunal
(NET) including the dispute resolution procedures. He also expounded on the roles of the Technical
Advisory Committee (TAC) and the lead agencies.
10.2.4 Mr. Mbegera also briefed the meeting on the procedures for the approval of the project as stated
in EIA and Audit Regulations, 2003, Part II Section 10 (2) & (3). He also briefed the meeting on the
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EIA Review criteria noting in particular issues that are taken into consideration before an EIA license
is issued. He noted that decision to approve is granted with conditions that have to be adhered to.
10.2.5 Mr. Mbegera noted that the EIA regulation in Kenya allows for variation and transfer of EIA
License and a fresh EIA Study is not required if the Authority is satisfied that the project if varied
would comply with the requirements of the original license. Mr. Mbegera briefed the meeting on the
surrender of EIA License noting that holder of EIA license may surrender the license to the Authority
after ceasing to be responsible for the implementation of the Project.
10.2.6 Mr. Mbegera also informed the meeting that EIA regulations have provisions for the
cancellation of an EIA License. The Authority may revoke or cancel the license if the licensee
contravenes the conditions set out in the license; if there is substantial change or modification in the
project and its implementation; if the project poses an environmental threat which could not be
reasonably foreseen before the license was issued; if it is established that information or data given by
the proponent in support of the application for the license was false, incorrect or intended to mislead.
10.2.7 Mr. Mbegera also informed the meeting that EMCA, 1999 Part XI Section 12:4 recognizes
regional and international issues. NEMA can initiate proposals for consideration by the Attorney-
General, for purposes of giving effect to a treaty, convention or agreement in Kenya or for enabling
Kenya to perform her obligations or exercise her rights under such treaty, convention or agreement.
The Authority can identify appropriate measures necessary for the national implementation of such
treaty, convention or agreement.
10.2.8 Mr. Mbegera also informed the meeting that regional and international issues are also covered
under the Regulation 44 of EIA and Audit Regulation, 2003 that notes that where a project is likely to
transboundary environmental impacts, the proponent should in consultation with the NEMA ensure
that appropriate measures are taken to mitigate any adverse impacts taking into account any existing
treaties and agreements between Kenya and other country.
10.2.9 Mr. Mbegera also briefed the meeting on the status of the EIA Reports submitted to the NEMA
noting that by June 2006, NEMA had received 1445 EIA Reports. Most of the EIA reports are for the
human settlement and infrastructure projects thematic areas. It was noted that only a few EIA reports
have been prepared for projects implemented in the Coastal Region of Kenya.
10.2.10 Mr. Mbegera also informed the meeting the law recognizes Strategic Environmental
Assessment (SEA) as a process of subjecting public policy, national and sectoral plans and
programmes to test for compliance with sound environmental management. It considers the
implementation of alternative policy actions, plans and programmes taking into consideration the use
of natural resources, conservation of biodiversity, human settlement, cultural issues and socio-
economic factors.
10.2.11 Discussions that followed the above presentation focused on the criteria for registering EIA
Experts/practitioners in Kenya. It was noted that there are specific regulations/criteria for registration
of EIA Practitioners in Kenya. The meeting was also briefed on the criteria for deregistering experts
who commit various offences. In regard to whether the Technical Advisory Committee can cope with
huge number of EIA reports that are submitted to NEMA on a monthly basis, it was also noted that the
Committee meets every 2nd week of the month and is able to cope with the workload since 15
reviewers sit in the committee.
10.2.12 In regard to the question why only few EIAs have been undertaken in the Coast Province of
Kenya, it was noted that this is due to fact that a large number of projects in the Coastal region of
Kenya have not been subjected to EIA as is required by the law. This was noted to be a matter of
concern since the WIO-LaB Project is focused on the coastal and marine environment.
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10.2.13 There was a question in regard to the applicability of EIA to educational institutions since the
EIA regulations in Kenya exempt educational institutions /projects from EIA. In case of educational
institutions such as large universities with a large population, the stage at which NEMA decides
whether such institution will require EIA is during the screening stage.
10.3 Madagascar
10.3.1 Mr. Heritiana Randriamiarana, the Director of National Office for the Environment (ONE) in
Madagascar, made a presentation on the EIA Process and associated legislative framework in
Madagascar. He provided a detailed account of the provisions of the current legislation concerning the
application of EIA in Madagascar including the policies that contributed to the enactment of EIA
Legislation. He also briefed the meeting on the Environment Charter and the National Action Plan
which is the core policy of EIA in Madagascar and which in 1990 led to the enactment of EIA
regulation.
10.3.2 Mr. Randriamiarana briefed the meeting on the EIA process including the existence of sectoral
EIA Guidelines such as those of the tourism, roads, aquaculture, oil drilling, textile, forest, mining,
etc.
10.3.3 Mr. Randriamiarana also briefed the meeting on the projects that must be subjected to an EIA in
Madagascar noting in particular that projects located in sensitive areas must be subjected to EIA.
However, small-scale projects may only require a preliminary EIA to be undertaken particularly if the
anticipated impacts are moderate.
10.3.4 Mr. Randriamiarana also briefed the meeting on the problems faced in Madagascar in as far as
EIA application is concerned. Some of the problems include the lack of a mechanism for evaluating
the cumulative impacts of the small projects/investments/enterprises. Also, small companies that are
located in important ecological zones have been incurring enormous expenditure in undertaking EIA.
He also noted that in some cases this expenditure is comparable to the planned investments. Another
problem is lack of distinction between medium-sized projects and large firms since all projects are
subjected to the same EIA requirements.
10.3.5 Mr. Randriamiarana also noted that there is a commitment in Madagascar to improve the EIA
process. This is been done through awareness raising as well as through the establishment of a
Regional Resource Centre and reduction of the cost of undertaking EIA. Effort is also focused on
environmental auditing. There is also an effort towards coming up with standard environmental
regulations in Madagascar.
10.3.6 During discussions that followed this presentation, the question of dispute resolution
procedures in Madagascar was raised. It was noted that this is a conventional requirement in EIA and
that there are no such formal dispute resolution procedures in Madagascar, but one can appeal if
he/she is aggrieved by the decision that has been made. It was also noted that Madagascar has a unique
difference with other countries since each sectoral ministry has an environment unit that plays a role in
the EIA Process.
10.4 Mauritius
10.4.1 Mrs. Doolaree Boodhun of the Ministry of Environment and National Development Unit of
Mauritius made a presentation on the EIA regulations in Mauritius as defined in the Environment
Protection Act (EPA) of 2002. She noted that the goal of EIA in Mauritius is to ensure sustainable
development. EIA is regarded as key tool for sustainable environmental management since it considers
alternatives and enables the authorities to make a critical appraisal of the likely impacts of major
development projects at planning stage and ensures sound decision making.
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10.4.2 Mrs. Boodhun noted that Part IV of EPA 2002 has provisions for EIA. The First Schedule of
EPA (2002) defines activities requiring EIA. Mrs. Boodhun noted that Mauritius first adopted formal
procedures for EIA in June 1993 after the promulgation of part IV of the EPA (1991). In order to
further consolidate and reinforce the legal framework, a new EPA came into force on 5th September
2002. She briefed the meeting on the various provisions of EPA 2002 noting that the Act provides for
environmental stewardship, greater transparency and public participation in the EIA mechanism and
streamlining of the EIA procedure.
10.4.3 Mrs. Boodhum also briefed the meeting on projects that should be subjected to EIA as listed in
the First Schedule of EPA 2002. These projects are categorized according to their scale, nature and the
potential impacts and there are different requirements depending on the scale and potential impacts of
undertakings. A Preliminary Environmental Report (PER) is required for undertakings that have little
impacts (e.g. wastewater treatment plants) and full EIA is required for major undertakings that have
significant impacts (e.g. coastal hotels, marinas, jetties, etc). The law also has provisions for Strategic
Environmental Assessment (SEA) for major plans and programmes (e.g. ICZM plans, tourism
development plans, etc). She also informed the meeting that the First Schedule of the EPA is being
revisited in the light of past experience and with a view of avoiding duplication.
10.4.4 Mrs. Boodhun also briefed the meeting on the review and Assessment process at the Ministry
of Environment in Mauritius, right from the time the project proponents applies for an EIA license to
the stage when Minister makes a decision to issue or not to issue an EIA License.
10.4.5 Mrs. Boodhun also briefed the meeting on the constraints encountered in Mauritius while
processing EIA/PER applications. She noted that in some cases EIA/PER reports contains inaccurate
and insufficient information and in certain instances, baseline data that would enable informed
decision to be made is not provided. She also noted that some EIA/PER Reports do not have
environmental monitoring plans. Another major problem experienced is that the response from sector
Ministries usually takes too long. Other problems include lack of sectoral EIA guidelines, policies and
regulation and poor public participation.
10.4.6 Mrs. Boodhun also noted that delays in the issuance of EIA license in Mauritius occurs
particularly when the EIA process is started too late in the project cycle and the Terms of Reference of
the EIA experts are poorly drafted. In some cases, also, delays can be caused if the EIA process is not
managed according to schedule and where EIA report is inadequate and needs to be upgraded. In some
cases also, lack of technical data can cause delays in the EIA process.
10.4.7 Mr. Kumar adding to the presentation made by Ms. Boodhum, also informed the meeting that
the list of projects that must be subjected to EIA is being updated. He noted that the previous list was
shorter and this has been revised accordingly.
10.4.8 Mr. Kumar also noted that efforts are underway to come up with a shorter Preliminary form of
EIA that is less vigorous. He also briefed the meeting on the Business Facilitation Bill which would
eliminate the need for most of the licenses. A Committee has been formed to look into the Act. He
also expounded on the amendments that are being proposed in order to improve monitoring of projects
after they have been issued with EIA Licenses noting that at present less than 10% of the licensed
projects are being monitored.
10.4.9 Mr. Kumar also informed the meeting that in the 1991 Act, there are provisions for public
hearing and tribunal /project adjudication tribunal. However, Part IV of the Act dealing with EIA was
not promulgated until 1993. He noted that for all cases, applications are circulated to all sector
ministries who comment on the projects. A committee then advises the Minister who grants the EIA
License. The Act also provides for an Appeal Tribunal.
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10.4.10 Mr. Kumar also informed the meeting that they are in the process of preparing EIA Guidelines
that will assist consultants. He however noted that they are at present preparing EIA Guidelines to
assist the local Authorities.
10.4.11 In the discussions that followed the above presentation, there was a request for clarification on
who grants the EIA License in Mauritius. It was however clarified that the decision is taken by the
Minister who is advised by an EIA Committee and the license is issued by the Director. The Act
provides for a Technical Advisory Committee to advice the Director where the Department does not
have the expertise.
10.4.12 During the discussions it was noted that all EIAs are guided and reviewed by the Government
and in all cases there is a conflict since government is also a proponent. It was also noted that in some
cases there is political pressure to give favorable reviews to certain projects.
10.4.13 During the discussions, it was also noted that all EIA Guidelines and Acts in the WIO Region
are very recent and it would be appropriate consider their impacts in the region. It was suggested that
all projects that have transboundary impacts be subjected to Strategic Environmental Assessment. It
was noted some countries in the region such as Kenya and Mauritius have already undertaken SEA in
certain sectors and there is a need to encourage other countries to apply SEA.
10.4.14 It was also emphasized that there is a need to determine the experiences of the WIO countries
in regard to the application of EIA and establish mechanisms of making the process transparent and
attractive to investors. Countries should put in place mechanisms of ensuring that there are constant
reviews of the EIA Process with a view to making adjustments in order to improve efficiency in their
applications. It was noted that this would ensure that there is growth in the process of EIA in the
region.
10.4.15 It was also noted that EIA Process results in delays in development due to cumbersome
bureaucratic processes. In this regard, there is a need for countries to simplify the process taking into
consideration the capacities existing in their countries. In this way, EIA would facilitate development.
10.5 Tanzania
10.5.1 Mr. Godlove Mwamsojo, Senior Environmental Officer at the National Environment
Management Council (NEMC) of Tanzania made a presentation on the EIA regulations in Tanzania.
He noted that EIA is a relatively new concept in Tanzania, the first study having been conducted
in1980s at Stiegler's Gorge Hydro-power Project located in the Rufiji River basin. More studies were
carried out in 1990s. He noted that the implementation of EIA during that time followed increased
pressure from lending governments and financial institutions.
10.5.2 Mr. Mwamsojo noted that institutionalization of EIA in Tanzania started in 1983 when NEMC
was established by Act no. 19 of 1983 to provide advice on all matters pertaining to the environment.
In1990, the Vice President's Office was established and the Division of Environment was established
in 1992 to perform regulatory functions. He noted that the first draft of EIA guidelines and procedures
was produced in 1997.
10.5.3 Mr. Mwamsojo noted that Tanzania National Environmental Policy (NEP) was formulated in
1997 and a full EIA Directorate was established at NEMC. EIA Procedures and Guidelines were
drafted in the 1997 and they were amended in 2003. Recently the Government of Tanzania enacted the
Environmental Management Act no. 20 of 2004 that provides a clear definition of institutional
arrangements from national to village levels. The Act is supplemented by EIA and Audit Regulations
(released in 2005) and that establishes code of conduct, principles and enforcement procedures.
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10.5.4 Mr. Mwamsojo noted that the National Environmental Policy (NEP, 1997) recognizes EIA as
one of the policy instruments. Mr. Mwamsojo also informed the meeting that other sector Ministries in
Tanzania have included EIA in all their sectoral policies. These include Forestry, Wildlife, Industries,
Fisheries, Bee-keeping, Tourism, Lands, Roads, and Water etc. However, these sector based
procedures do not have a framework for issuing EIA permits /licenses.
10.5.5 Mr. Mwamsojo informed the meeting that EIA Guidelines for Road Sector are currently being
tested and EIA Guidelines for National Parks are already been used in Tanzania. He also noted that
EIA guidelines for Marine Parks and Reserves have been finalized and plans are underway to prepare
EIA Guidelines for mariculture development and coastal tourism.
10.5.6 Mr. Mwamsojo also briefed the meeting on the Acts of Parliament in Tanzania that have EIA
regulations/components. These include (a) Environmental Management Act No. 20 of 2004 (repealed
NEM Act No 19 of 1983); (b) EIA and Audit Regulations of 2005; (c) Zanzibar Environmental
Management for Sustainable Development Act No. 2 of 1996; (d) Mining Act of 1998 and
Regulations of 1999; (e) Fisheries Act of 2003; (f) Forestry Act of 2002: (g) Marine Parks and
Reserves Act of 1994 and (h) Environment Management Act 2004.
10.5.7 Mr. Mwamsojo noted that public hearing in Tanzania is undertaken for controversial projects.
The current arrangements are such that the Minister makes a decision whether or not to issue EIA
License/permit. However, there is a need for decentralization so that the Director-General of NEMC
could also be mandated to issue EIA Permits. He noted that except for the cost of conducting the EIA
study, permits are issued free of charge.
10.5.8 Mr. Mwamsojo also briefed the meeting on the projects/undertakings that must be subjected to
EIA in Tanzania as defined in Part 81 of EMA and the penalties for non-compliance as defined in Para
191. He noted that Section 124 of EMA 2004 establishes an environmental tribunal where any person
who is aggrieved by the decision of the Minister may appeal within a specified time period. The
Tribunal comprises representatives of the high court, Attorney-General's office and two persons from
other institutions in Tanzania.
10.5.9 Mr. Mwamsojo also informed the meeting that EMA 2004 also recognizes international
obligations as detailed in Part 15 Section 179 (1) of Act that obligates the Minister, in consultation
with the relevant sector Ministry to initiate preparation of legislative proposals for purposes of
implementing international agreements. Section 180 (1) of EMA 2004 obligates the Minister for
environment in consultation with relevant Ministries to initiate discussions with relevant authorities of
neighboring countries on environmental management programs and measures to avoid and minimize
transboundary environmental impacts. Section 180 (2) of EMA 2004 requires the Director of
environment in collaboration with sector Ministries or government agencies to initiate and implement
transboundary environmental management programs with neighboring countries.
10.5.10 Mr. Mwamsojo also briefed the meeting on the administrative and institutional arrangements
in as far as EIA application in Tanzania is concerned. He expounded on the roles of the National
Environmental Advisory Committee, the Directorate of Environment, National Environment
Management Council, sector environmental sections and Regional Administration.
10.5.11 Mr. Mwamsojo also expounded on the role of the Local Government Authorities as stated in
Section 37 (2) of EMA particularly in regard to designation of environmental officers, public officers
and standing committees responsible for environment to perform functions provided in relevant
subsections of the Act.
10.5.12 Mr. Mwamsojo informed the meeting that Tanzania has so far made some impressive
achievements in as far as EIA in concerned. He briefed the meeting on key indicators of success that
include the following: Preparation of an EIA training Manual by NEMC, recruitment of about 15 EIA
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trainers, institutionalization of EIA system in 8 District planning process, building of EIA knowledge
base that is expanding to include GIS and modeling methods; and membership to international
associations such as EAAIA, IAIA, and CIANEA. He also noted that EMA 2004 has made the EIA
process more vigilant and more projects are registering for EIA. He also noted that awareness on the
importance of EIA is growing fast and the quality and number of experts has increased considerably in
the recent past. He also noted that EIA courses are now being offered in Universities and Colleges in
Tanzania.
10.5.13 Mr. Mwamsojo also briefed the meeting on the constraints in the implementation of EIA in
Tanzania. He noted that although legal requirements for EIA execution have partly been solved,
qualified and experienced practitioners are still few in Tanzania. There are also limitations of
knowledge on EIA methods and a rush of inadequately qualified persons to the profession resulting in
poor quality EIA Reports. There is also low level of understanding on the part of developers and
general public on the EIA. Another constraint is lack of sectoral guidelines and inadequate
environmental information and standards. Also, most of the EIA reports have not been adequately
applied and there has been limitation in the scoping exercise since the affected community is not
involved effectively. Mr. Mwamsojo noted that the capacity of NEMC to facilitate the EIA process is
weak. Plans are underway to develop environmental standards including environmental monitoring
and audit manuals and hand books. Efforts will also be made to establish a register of EIA
experts/practitioners in Tanzania and to establish a local association for EIA experts in Tanzania.
10.5.14 During the discussions that followed the above presentation, participants wanted to know
whether Tanzania has established a schedule of projects that may or may not be subjected to EIA. It
was clarified that schedule no. 3 in EIA regulation and schedule no. 1 in the Act provides a long but
not very comprehensive list of activities that must be subjected to EIA. The main weakness is that the
list does not provide an indication on the scales of the projects. However, information related to the
magnitude and scale of projects is usually captured in the application form that allows decision to be
made whether a full or preliminary EIA should be undertaken. This decision is made by NEMC based
on the information provided by the applicant. In regard to the application of EIA in educational
institutions, it was noted that framework EIA guidelines have been put in place in Tanzania to support
projects that may not be fully subjected to EIA all the time such as schools.
10.5.15 Participants also wanted to know whether there is a structured mechanism for establishing
communication with other countries in regard to projects that may have transboundary impacts e.g.
damming of an international river. Mr. Mwamsojo noted that during the screening stage, NEMC can
establish the location of the site of the project and if it located in an area with shared ecosystems, it is
possible to determine the potential transboundary impacts, although the process for determination of
the scale of the transboundary impact is very subjective. NEMC officers then inform the Minister who
in turn is required to inform the country that will be affected.
10.5.16 Mr. Mbegera noted that although there is no obligation for countries to inform each on the
transboundary impacts that are due to projects been undertaken in their countries, various conventions
have binding provisions that need to be respected and it is prudent to inform the neighboring country
on any anticipated transboundary impact. The TOR of the EIA must also state the transboundary
nature of the problem. He also noted that for East African countries, namely Kenya, Tanzania and
Uganda, this issue could be discussed under the auspices of the East Africa Community EIA
Guidelines for shared ecosystems.
10.5.17 Dr. Tarr noted that there are few regional agreements that specifically require negotiation with
downstream countries. Countries, however, in most cases do not raise objections. He also noted that
many transboundary impacts are not detected because they are not stated in the TOR or in EIA Report.
10.5.18 Mr. Waruinge requested the participants to find out how the Terms of Reference of the
Regional EIA Consultant could be amended to include recommendations on the need to develop
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regional guidelines. He emphasized the need to factor in coastal and marine environment noting that
there is a need for mechanisms to discuss transboundary environmental issues that have transboundary
impacts. Reacting to this suggestion, the participants noted the importance political goodwill to deal
with transboundary impacts and it was suggested that the report of the consultant should have some
recommendations on how to establish regional mechanisms for dealing with transboundary impacts.
10.5.19 Dr. Tarr informed the meeting that a book on transboundary impact assessment and case-
studies prepared under the support of US Law Institute, Tokyo University and UNDP will be launched
in Washington DC in October 2006. He promised to distribute copies of the book to the members of
the EIA Task Force.
10.6 Mozambique
10.6.1 Dr. Inácio Bucuane, the National Director of EIA at the Ministry for Coordination of
Environmental Affairs (MICOA), Mozambique made a presentation on the legal and institutional
arrangements related to EIA in Mozambique. He briefed the meeting on various regulations that have
influenced the EIA process in Mozambique.
10.6.2 Dr. Bucuane also briefed the meeting on the key articles of the environmental law that define
the requirements for the preparation of EIA reports. Dr. Bucuane also briefed the meeting on the
requirements in regard to consultation with the local authorities and communities. He noted that
projects may be approved at either national or provincial level and the fee paid is equivalent to 1% of
the total cost of the project.
10.6.3 Dr. Bucuane also briefed the meeting on the EIA process in Mozambique and in particular the
role of EIA Department and Investment Promotion Center. Depending on the scale of the project and
the potential impacts, these agencies may request either full EIA or just a simplified EIA to be
undertaken. Exemption can be granted by either the Provincial Directorate or National Directorate for
EIA.
10.6.4 Dr. Bucuane also briefed the meeting on the different types of environmental licenses that are
issued in Mozambique. Category A license is issued by either the Ministry for Coordination of
Environmental Affairs (MICOA) or the National Directorate for EIA. Category B License is issued by
Provincial Directorate or National Directorate for EIA.
10.6.5 During discussions that followed the above presentation, it was clarified that the law in
Mozambique also makes provision for registration of EIA experts who are allowed to undertake the
EIA Study and prepare the report. Registration is either individual or corporate. The international
firms are required to be linked to the local firms that are registered to carry out EIA in Mozambique.
In regard to the criteria for deciding who among the Minister or the Director signs the EIA Permit, it
was noted that this is governed by the total budget of the project. The Minister signs EIA Permits for
projects whose budget is greater than 1 million US $ and the Director signs for those projects whose
budget is less than the above figure. Although the law states that EIA Permit is the first license to be
issued in Mozambique, this is usually not the practice. There is lack of coordination and other licenses
are issued before the EIA license. However, there are plans to improve coordination at both provincial
and national levels.
10.7 Seychelles
10.7.1 Mr. Joseph Rath, Director of EIA (EIA) Section, Pollution Control and Environmental Impacts
Division in the Ministry of Environment and Natural Resources, Seychelles, made a presentation on
EIA legislation and processes in the Seychelles. Mr. Rath started by outlining policies and legal
framework that govern EIA in Seychelles and expounded on the objective of the Environmental
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Protection Act (EPA-1994). He briefed the meeting on the EIA process and procedures as defined in
Section 15 of the Environmental Protection Act (Act 9 of 1994), and in the Environment Protection
(Impacts Assessment) Regulations of 1996.
10.7.2 Mr. Rath informed the meeting that Section 15 of the EPA 1994 provided for the enactment of
the first generation of EIA regulations in Seychelles. Whilst the EPA 1994 provided the framework for
the establishment of procedures and criteria for implementation and administration of EIA, the
regulations were only translated into law after the EPA 1994 had been endorsed by the National
Assembly.
10.7.3 Mr. Rath informed the meeting that Environment Protection (Impact Assessment) Regulations
1996 (EIA regulations) came into force on the 26th May 1996. Mr. Rath also briefed the meeting on
the institutional Framework noting that EPA and EIA regulations are administered by the Department
of Environment in collaboration with Town and Country Planning Authority.
10.7.4 Mr. Rath also informed the meeting that the EPA and EIA regulations in Seychelles also
recognize transboundary impact assessment. He however noted that there are very few transboundary
risks in the Seychelles due to the islands' isolation. However, in view of the islands location on a
major international oil transportation route, there are risks of oil spills occurring in the vicinity of the
Seychelles. The other risks are related to importation of alien vegetation and animals, introduction of
foreign plant pests and diseases and illegal export of plant and animal products.
10.7.5 During discussions that followed the above presentation, participants requested for clarification
on the role of DOE and the Planning Authority in regard to issuance of EIA license. It was noted that
DOE issues authorization and the Planning Authority (DCPA) issues the planning license. It was noted
that this could make the EIA Process too bureaucratic and lengthy. It was noted that this arrangement
avoids duplication of efforts of the DOE and the Division of Planning. In order to avoid delays, there
are timeframes within which decisions have to be made by the concerned parties.
10.7.6 Mr. Mwamsojo requested for information on whether there is a possibility of setting up a
harmonized approach in the WIO region and whether Seychelles has a pragmatic Strategic
Environmental Assessment procedure for transboundary impacts. Mr. Rath responding to this question
noted that Transboundary impacts are not covered under the EPA and EIA regulations. However, a
Technical Committee has been mandated to deal with transboundary issues. Although, there is no
formal SEA, some aspects of SEA are taken onboard by the Technical Committee.
10.7.7 There was also a question concerning the impacts of an international Airport built in Seychelles
in 1972. It was however noted that when EIA came into force it was not retrospective and in this
regard the impacts of the airport were not assessed since the airport was done long before the EIA
regulations came into force. However, sampling and monitoring activities have been going on around
the airport but there are no specifically intended to establish the impact of the airport. However,
expansion and renovation of the airport has to be subjected to an EIA Process.
10.8 South Africa
10.8.1 Dr. Peter Tarr, the Executive-Director of Southern African Institute for Environmental
Assessment (SAIEA) based in Namibia, made a presentation on the EIA Process in South Africa
expounding on the policy and legislative framework. He provided an overview of existing
Government policies and legislation with regard to EIA particularly the Environmental Management
Policy of July 1997 that set out a vision, the principles, strategic goals and objectives, issues of
governance and an implementation programme.
10.8.2 Dr. Tarr briefed the meeting on the provisions of the South African Constitution noting that the
Constitution allocates legislative and administrative functions to a wide range of government agencies
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responsible for environmental management. Environmental provisions are included in the Bill of
Rights in Chapter 2 of the Constitution of South Africa Act (No. 108 of 1996).
10.8.3 Dr. Tarr also briefed the meeting on the National Environmental Management Act (NEMA No.
107 of 1998) noting that the Act was promulgated to give effect to the White Paper on Environmental
Management Policy. The Act repealed most of the Environment Conservation Act (No. 73 of 1989).
NEMA has been amended on two occasions by the National Environmental Management Amendment
Act of 2003. The National Environmental Management Second Amendment Act, No 8 of 2004, which
came into operation on 7th January 2005 amended section 24 of NEMA. New EIA Regulations were
made in April 2006. The regulations list activities which require a Basic Assessment Report or EIA
and steps required to produce both.
10.8.4 Dr. Tarr also briefed the meeting on the institutional framework in South Africa noting that the
Department of Environmental Affairs and Tourism (DEAT) is the lead agent for environmental
management in South Africa. He briefed the meeting on the responsibilities of DEAT. He also noted
that EIA is the responsibility of both national and provincial government institutions. However, policy
formulation and coordination takes place at national level, while approval of EIAs for most
development proposals has been devolved to the provinces. The EIA administration function in most
provinces is located within portfolios dealing with natural resource management, tourism and
conservation.
10.8.5 Dr. Tarr also briefed the meeting on the role of the National Environmental Advisory Forum
(NEAF) established in 2005 to advise the Minister on any matter concerning environmental
management and governance and also inform the Minister about the views of the stakeholders. Dr.
Tarr also briefed the meeting on the role of the Committee for Environmental Co-ordination (CEC)
that promotes the integration and coordination of environmental functions by the relevant organs of
state including promoting the objectives of environmental management plans. However, CEC has not
yet been constituted.
10.8.6 Dr. Tarr also noted that there are two types of EIA in South Africa; a basic EIA (scoping) and
full EIA. He briefed the meeting on the functions of relevant Authorities in regard to the processing of
EIA Reports. He also expounded on the contents of basic EIA reports that must contain all the
information that is necessary for the competent authority to reach a decision.
10.8.7 Dr. Tarr informed the meeting that South Africa has had challenges in the processing of EIA in
view of limited human resources capacity in the country. This has meant that most of the EIA reviews
are made by external reviewers. Also, due to limited capacity in South Africa, the EIA process is not
followed as is required by the law and this has meant that the government has lost several review
cases. He also informed the meeting that there is a system of appealing against decisions made and the
law in South Africa also provides for the registration of EIA Practitioners.
10.8.8 During discussions that followed the above presentation, participants were interested in
knowing who caters for the costs of administering EIA in South Africa. It was noted that the project
proponents bear the costs. However, the government uses its own resources to organize for the review
of EIA Reports. Public servants who are involved in the review are usually paid by the government
and not by the project proponents. The meeting was also informed that communities can also claim
legal aid from the government to take the matters related to EIA to court.
10.9 Recapitulation
10.9.1 Following the above presentations by the representatives of participating countries, Mr. Dixon
Waruinge, Programme Officer in-charge of the UNEP/Nairobi Convention recapped the main
outcomes of the presentations and especially how the new information that has emerged following
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country presentations will impact on the work programme of UNEP/Nairobi Convention and the WIO-
LaB Project.
10.9.2 Mr. Waruinge noted that since the Nairobi Convention started in 1985, there has not been
follow-up on the status of EIA applications in participating countries. He noted that from the
presentations made, most of the countries now have elaborate EIA systems and institutions. The major
challenge seems to be limited capacity to deal with the provisions of various EIA regulations and Acts
of Parliament.
10.9.3 Mr. Waruinge noted that various Acts anticipate projects with transboundary consequences and
how cross border EIA could be undertaken. However, countries have not put in place mechanisms of
carrying out cross border EIA. He noted that some of the countries have SEA but they do not have
mechanisms of dealing with programmes that have transboundary effects. In this regard, there is a
need for establishment of a framework for transboundary SEA in the region, to deal in particular with
large programmes.
10.9.4 Mr. Waruinge also noted that countries have demonstrated that EIA is not static and in most
countries they have been amendments of EIA Regulations. In this regard, he observed that it may not
be necessary to develop Regional EIA Guidelines. Instead the effort should be focused towards the
development of Strategic Environmental Assessment (SEA) Guidelines that could be applied across
the WIO region. He noted that this will be an area where the WIO-LaB Project could really add value
to the existing EIA processes and frameworks in the WIO region.
10.9.5 Mr. Waruinge noted that it would be important to establish modalities of carrying out
Transboundary SEA in the region and also to define specific activities in the WIO Region that would
be subjected to SEA. He encouraged the meeting to also explore mechanisms for transboundary SEA
implementation in the WIO region. He also noted that the WIO-LaB Project should help countries in
the WIO Region to establish mechanisms of SEA application if this need is clearly demonstrated by
the participating countries.
10.9.6 Mr. Waruinge also noted the need to involve other key stakeholders in the WIO Region such as
World Wildlife Fund (WWF) and International Conservation Union (IUCN) in the development of
specific SEA Regional Guidelines for specific activities such as those for oil and gas exploration and
drilling.
10.9.7 Mr. Waruinge also observed the need to harmonize various EIA approaches in the WIO Region
in view of the fact that various countries have different approaches and requirements. In this regard, he
noted that it would be important to clearly establish the existing gaps and loopholes in the EIA
regulations and processes in each of the participating countries with a view to identifying
commonalities and discrepancies that should be rectified within the existing regional economic blocks
such as East Africa Community (EAC), Southern Africa Development Community (SADC), Common
Market for Eastern and Southern Africa (COMESA), etc. He noted that, from the presentations made
by the representatives of participating countries, each country is very clear on what they want to do
with their national EIA Guidelines and institutional frameworks and the WIO-LaB Project should
establish areas where it can add- value.
10.9.8 Following the above summary presentation, the delegates, with appreciation took note of the
various EIA approaches and regulations that are applied by the Contracting Parties to the
UNEP/Nairobi Convention and called for the effective implementation of those approaches,
regulations and/or legislation in order to ensure protection and management of the coastal and marine
environment in the Western Indian Ocean (WIO) Region. The delegates also recommended that the
development of common SEA regional approaches for dealing with transboundary environmental
impacts should be pursued under the auspices of UNEP/WIO-LaB Project.
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11. DELIBERATIONS ON NEED AND OPPORTUNITIES FOR ALIGNMENT OF
EIA FRAMEWORKS IN THE REGION
11.1 The Chair, Ms. Chantal Andrianarivo introduced the above mentioned agenda item and invited
the UNEP/WIO-LaB Project Manager, Dr. Peter Scheren to brief the meeting on what was supposed
to be accomplished during this agenda item. Dr. Scheren then invited the EIA Consultant Dr. Peter
Tarr to lead the discussions on the above agenda item.
11.2 Dr. Peter Tarr started by noting that in order to accomplish his assignment as detailed in the
Terms of Reference, all representatives of participating countries should strive to provide him with the
relevant details. Dr. Tarr presented a draft questionnaire that will be used to collect the required
information. He took the delegates through each and every section of the questionnaire and provided
indications on the information that the respondents would be expected to provide. He emphasized the
need for the delegates to provide truthful information regarding what exists in their countries. The
delegates reviewed the questionnaire and accepted it with amendments that were taken onboard by the
Consultant. The consultant agreed to distribute the questionnaire to the delegates. Dr. Tarr noted that
the deadline for the completion of the questionnaire is 24th August 2006.
11.3 Dr. Tarr also briefed the delegates on the key outputs of his assignment as detailed in the Terms
of Reference. These include (1) A Regional Report on the review of the EIA approaches in the WIO
region, (2) Regional EIA Guidelines for Assessment of Transboundary impacts in the WIO Region,
(3) Draft text on the EIA for the revised Article 13 of Nairobi Convention, and (4) Draft text on the
EIA for Article 13 of the land-based protocol of Nairobi Convention.
11.4 In regard to output 1: Regional Report on the review of the EIA approaches in the region, it
was agreed that countries will provide all the required information to the consultant who will then
draft the report. Dr. Tarr took the delegates through a discussion on the anticipated contents of the
review report. It was agreed that the report will have country chapters and as well as a regional
synthesis that establishes gaps and contradictions and/or similarities. The Report will also include a
review of the commonalities of existing institutional frameworks. The delegates agreed on the contents
of the report including the appearance in its final form as well as the target audience.
11.5 In regard to the second output: Regional EIA Guidelines for the Assessment of Transboundary
impacts in the WIO Region; it was emphasized that the focus will be on issues that have
transboundary impacts (e.g. oil and gas exploration and drilling). The Report should also focus on the
assessment of key activities that are likely to result in transboundary impacts in the future. The output
will also provide an overview of the existing guidelines including good management practices and
how they may be useful in the WIO Region. Attention will also be focused on the assessment of most
sensitive/valuable habitats in the WIO Region. The delegates reviewed the anticipated contents of the
report and agreed on the key items that need to be included in the report. They also agreed on the form
and contents of the report.
11.6 In regard to the third and fourth outputs i.e. the draft text on the EIA for the revised Article 13
of Nairobi Convention, and the draft text on the EIA for Article 13 of the land-based protocol of
Nairobi Convention, it was noted that the proposed text will be considered by the Conference of
Contracting Parties to the Nairobi Convention.
11.7 Followed extensive deliberations on the specific needs and opportunities for alignment of EIA
frameworks in the Western Indian Ocean region, particularly as it concerns the transboundary and
cumulative impacts of development projects, the delegates confirmed the need to have common EIA
approaches in the region and agreed to support the Regional Task Force and the Consultant in their
assignments.
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12. CONSIDERATION AND REVIEW OF EXISTING REGIONAL LEGISLATIVE
FRAMEWORK FOR EIA AS ESTABLISHED BY THE NAIROBI
CONVENTION
12.1 This agenda item was partly covered during the presentation made by Mr. Dixon Waruinge of
Nairobi Convention during the first day of the meeting. The appropriate section of this report presents
what aspired during that presentation.
12.2 Following the presentation made earlier by Mr. Dixon Waruinge, the Programme Officer
responsible for UNEP Nairobi Convention, the delegates took note of the provisions of the Nairobi
Convention (including its new Land-based Sources/Activities Protocol) regarding the development
and application of EIA guidelines and called upon the National Focal Institutions of the Contracting
Parties to spearhead full implementation of the requirements of the convention.
12.3 Furthermore, it was recommended that the specific clauses of the Convention and its Protocol
be reviewed by the Regional EIA Task Force through the assistance of the Regional EIA Expert. The
Regional EIA Expert, in this regard, should work in consultation with the Regional Legal Expert for
the WIO-LaB Project, in the preparation of draft revised clauses for the Convention. The clauses
should subsequently be presented for review by both the Regional EIA Task Force and the Regional
Legal and Technical Review Task Force.
13. CONSIDERATION OF THE WORK PLAN FOR THE EIA TASK FORCE IN
THE PERIOD 2006-2007
13.1 The Chair, Ms. Chantal Andrianarivo introduced the above mentioned agenda item and invited
the UNEP/WIO-LaB Project Manager, Dr. Peter Scheren to brief the meeting on the work plan for the
implementation of the EIA Component of the WIO-LaB Project. Dr. Scheren made a short
introduction and invited the EIA Consultant to present the workplan to the Task Force.
13.2 During the discussions that followed the above, there were some concerns on the timelines for
the achievement of the agreed outputs and it was noted the timelines are quite tight. It was however
emphasized that the Task Force has to stick to the suggested timelines if the deliverables will have to
be submitted to the Nairobi Convention Conference of Contracting Parties (COP) that is scheduled for
2007.
13.3 Dr. Scheren noted that there might be a need for national review of some of the outputs and
arrangements will be made with the Focal Points institutions to facilitating this review. The Focal
Points will be required to coordinate activities at national level and urged delegates to work very
closely with their national focal points when it comes to organization of national consultative
meetings. The WIO-LaB Project will provide all countries with appropriate support in this regard.
13.4 Following the discussions, the delegates considered and approved the work plan for the
implementation of the EIA (EIA) Component of the WIO-LaB Project as well as the work plan for the
delivery of outputs of the Regional EIA Consultancy.
14. ADOPTION OF THE DECISIONS AND RECOMMENDATIONS OF THE
MEETING
14.1 The Chair, Ms. Chantal Adrianarivo introduced the above mentioned agenda item and invited
the Rapporteur Mr. Kumar Heeramun of Mauritius to present the decisions and recommendations of
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the meeting. The Rapporteur presented the draft decisions and recommendations of the meeting and
requested delegates to verify them.
14.2 Following discussions, delegates approved with amendments the decisions and
recommendations of the meeting as presented in the executive summary section of this report. Copies
of the same were distributed to all delegates for the purpose of briefing their countries on the outcomes
of the meeting.
15. ADMINISTRATIVE MATTERS
15.1 The Chair, Ms. Chantal Andrianarivo introduced the above mentioned agenda item and invited
the UNEP/WIO-LaB Project Manager, Dr. Peter Scheren to brief the meeting on other pertinent
matters related to the organization and implementation of the agreed activities.
15.2 Dr. Scheren informed the meeting that the venue of the next meeting of the Regional Task
Force is scheduled to be held in December 2006. However, the venue of the meeting has not been set
and countries will be requested to host the meeting at a later date.
16. CLOSURE OF THE MEETING
16.1 The Chair, Ms. Chantal Andrianarivo thanked delegates for their cooperation throughout the
meeting and also for their effective participation. She looked forward to meeting the delegates during
the second regional meeting that is scheduled to be held in December 2006. Following the above short
remarks, the Chair invited the representative of the host country, Dr. Policarpo Napica who is also the
National Director for Environment in the Ministry for Coordination of Environmental Affairs
(MICOA) of Mozambique to make some closing remarks.
16.2 Dr. Policarpo Napica in his closing remarks apologized for not been able to attend all the
sessions of the meeting. He however noted that meeting provided a good opportunity for EIA experts
to review and exchange lessons in regard to the implementation and application of EIA in the region.
He noted that countries in the WIO Region are at different stages of implementing EIA and
emphasized on the need for capacity-building and cooperation with international agencies. He noted
that there is also a need to ensure sustainability of the natural resources of the Western Indian Ocean
through establishment of effective management approaches.
16.3 Dr. Napica finally requested delegates to seriously consider the decisions and recommendations
of the meeting and wished all delegates a safe journey back to their respective countries.
17. ANY OTHER BUSINESS
17.1 The Chair, Ms. Chantal Andrianarivo requested delegates to raise any other matter that they
would like to discuss during the above mentioned agenda item. However, there was no any other
business and the Chair declared the meeting closed at 4 p.m. on 26th July 2006.
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ANNEX 1: AGENDA OF THE MEETING
WIO-LaB Project Regional Task Force on the Environmental Impact (EIA) Assessment
Regional Meeting
Maputo, Mozambique, 25th to 26th July 2006
AGENDA
1. Opening of the meeting
· Introduction of the members of the Regional Task Force on EIA.
· Welcome remarks by the Project Manager, UNEP-GEF WIO-LaB Project.
· Welcome remarks by the Programme Officer, UNEP/Nairobi Convention.
· Welcome remarks by the officials of the Ministry for the Coordination of
Environmental Affairs (MICOA), Mozambique
2. Organization of the meeting and election of officers (Chair and Rapporteur).
3. Consideration and adoption of the Agenda.
4. Briefing on the Abidjan and Nairobi Conventions
5. Briefing on the general objectives and activities of the WIO-LaB Project.
6. Briefing and discussion on the objectives of the EIA Component of the WIO-LaB Project.
7. Deliberations on the Terms of Reference (TOR) of the Regional EIA Task Force.
8. Deliberations on the Terms of Reference (TOR) of the Regional EIA Expert.
9. Briefing on the Eastern African Association for Impact Assessment
10. Country briefings on the existing EIA frameworks and processes in participating countries.
11. Country briefings on the existing EIA frameworks and processes in participating countries
(continued).
12. Deliberations on need and opportunities for alignment of EIA frameworks in the region, in
particular as it concerns potential transboundary and cumulative impacts of projects and
developments.
13. Consideration and review of existing regional legislative framework for EIA as established by the
Nairobi Convention.
14. Consideration of the Work Plan for the EIA Task Force in the period 2006-2007.
15. Adoption of the Decisions and Recommendations of the meeting.
16. Administrative matters.
17. Any Other Business.
18. Closure of the meeting.
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ANNEX 2: LIST OF PARTICIPANTS
ENVIRONMENTAL IMPACT ASSESSMENT INCEPTION MEETING
(Maputo, Mozambique, 25th to 26th July 2006)
Inception Meeting
List of Participants
Country
Participant
COMOROS
1. Mr. Ismael Bachirou
Chef de service contrôle et reglementation
BP 983, Moroni
The Comoros
Tel: (269) 736388
mobile(269) 331210
Mail: ismael_269@yahoo.com
2. Ms. Fatouma Ali Abdallah
Chef de Department
Direction National l'Environnement
Point Focal de la Convention de Nairobi
BP 860, Moroni,
The Comoros
Tel: (+269) 756029
Fax: (+269) 736388
Email 1: alfa@snpt.km
Email 2 : Fatouma_ay@yahoo.fr
Email 3 : alfa@comores telecom.km
KENYA
3. Mr. Maurice Mbegera
Director
Compliance and Enforcement Department
National Environment Management Authority
P.O. Box 67839-00200
Nairobi, Kenya
Tel: +254 20 605522/7
Email 1: comenforce@nema.go.ke
Email 2:dgnema@swiftkenya.com
4. Mr. Zephania Ouma
Senior EIA officer
National Environment Management Authority
P.O. Box 67839-00200
Nairobi, Kenya
Tel: +254 20 605522/7
Email 1: zouma@nema.go.ke
Email 2: comenforce@nema.go.ke
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Country
Participant
MADAGASCAR
5. Mr. Heritiana Ramiaramanana
Office National pour l'Environnement,
Plan National d'Action Environnemental (PNAE)
BP 822 Antaninarenina
101 Antananarivo, Madagascar
Tel : 261 20 22 259 99
Fax : 261 20 22 306 93
E mail: heritiana@pnae.mg
6. Ms. Andrianarivo Chantal
NFP for the Nairobi Convention
Chef de Cellule Recherche et Biodiversité
Association Nationale pour la Gestion
Des Aires Protéges
B.P. 1424 Antananarivo 101, Madagascar
Tel: (+261) 20 22415
Fax: (+261) 20 22439
Email 1: val@dts.mg
Email 2: val@angap.mg
Email 3: andrianarivo_chantal@mel.wanadoo.mg
MAURITIUS
7. Mr. Keshore Kumar Heeramun
Ministry of Environment and National Development
Unit
Port Louis, Mauritius
Tel : (230) 2113556
Mobile : (230) 9189252
Fax: (230) 2126671
Email: keheeramun@mail.gov.mu
8. Mrs. Doolaree Boodhun
Ministry of Environment and National Development
Unit
Port Louis, Mauritius
Tel: 230 212 43 85
Fax: 230 212 66 71
Email: dboodhun@mail.gov.mu
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Country
Participant
MOZAMBIQUE
9. Mr. Inacio Bucuane
National Directorate for Environmental Impact
Assessment
Ministry for Coordination of Environmental Affairs
(MICOA)
P.O Box 2020
Rue de Kassuende, 167
Maputo, Mozambique
Tel: (+258 1) 9258 21 465 141
Mobile: +9258 82 4336640
Fax: (+258 1) 9258 21 466245
Email: inacio.bucuane@micoa.gov.mz
10. Mr. Felicio Fernando
National Directorate for Environmental Impact
Assessment
Ministry for Coordination of Environmental Affairs
(MICOA)
P.O Box 2020
Maputo, Mozambique
Tel: (+258 1) 0258 21465141/258 824581760
Mobile: 025 8824581760
Fax: (+258 1) 465141
Email 1:felicio23@hotmail.com
Email 2: Felicio.fernando@micoa.gov.mz
11. Mr. Policarpo Napica
National Director of Environments
Ministry of the Coordination of Environmental Affairs
(MICOA)
P.O Box 2020
Rue de Kassuende, 167
Maputo, Mozambique
Tel: (+258 1) 466407
Fax: (+258 1) 465849
E-mail: p.napica@micoa.gov.mz
12. Mr. Anselmo Gaspar
Ministry of the Coordination of Environmental Affairs
(MICOA)
P.O Box 2020
Rue de Kassuende, 167
Maputo, Mozambique
Email : anselmogas@yahoo.com.br
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Country
Participant
SEYCHELLES
13. Mr. Joseph Rath
Environmental Impact Assessment Section
Pollution Control and Environmental Impacts Division
Department of Environment
Ministry of Environment and Natural Resources
P.O. Box 445
Botanical Gardens
Mahe, Seychelles
Tel: +248 67 05 00
Fax: +248 61 06 48
Email: eia@env.gov.sc
TANZANIA
14. Mr. Danford Mwaipopo
Senior Environmental Officer
National Environment Management Council
(NEMC)
P.O. Box 63154
Dar es Salaam, Tanzania
Tel: 255 713 421397(office)
Mobile: 255-713 421 397
Fax: 255-22-2111597
Email: dmwaipopo@yahoo.co.uk
15. Mr. Godlove John Mwamsojo
Senior Environmental Officer
National Environment Management Council
(NEMC)
P.O.Box 63154
Dar es Salaam, Tanzania
Tel: 255 22 2134603 (office)
Fax: 255-22-2111597
Mobile:255-713-215635,
Email:gmwamsojo@yahoo.com
EIA
Expert
16. Dr Peter Tarr
Southern African Institute for Environmental
Assessment
P.O. Box 6322
Ausspannplatz
Windhoek, Namibia
Tel: +264 61 220579
Fax: +264 61 259183
Email address: peter.tarr@saiea.com
UNEP Nairobi Convention
17. Mr. Dixon Waruinge
Programme Officer
Regional Seas (Nairobi and Abidjan Conventions)
Division of Environmental Conventions, UNEP
P.O Box 47074
Nairobi, Kenya
Tel: (+254) 020-623130
Fax: (+254) 020-623130
Email: dixon.waruinge@unep.org
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Country
Participant
UNEP-GEF WIO-LaB Project
18. Dr. Peter Scheren
Management Unit
Project Manager
WIO-LaB Project Management Unit
United Nations Environment Programme (UNEP)
P.O Box 47074
Nairobi, Kenya
Tel: (+254) 020-624612
Fax: (+254) 020-623928
Email: Peter.scheren@unep.org
19. Dr. Johnson U. Kitheka
Project Scientist
WIO-LaB Project Management Unit
United Nations Environment Programme (UNEP)
P.O Box 47074
Nairobi, Kenya
Tel: (+254) 020-624612
Mobile: (+254) 733-777293
Fax: (+254) 020-623928
Email: johnson.kitheka@unep.org
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ANNEX 3: LIST OF DOCUMENTS
Environmental Impact Assessment (EIA) Regional Task Force
Regional Meeting
LIST OF DOCUMENTS
Working Documents
UNEP/GEF/WIOLAB/EIA.1/1 Provisional
Agenda
UNEP/GEF/WIOLAB/EIA.1/2
Provisional List of Participants
UNEP/GEF/WIOLAB/EIA.1/3
List of Documents
UNEP/GEF/WIOLAB/EIA.1/4
Terms of Reference of the Regional EIA Task Force.
UNEP/GEF/WIOLAB/EIA.1/5
Terms of Reference of the Regional EIA Expert.
UNEP/GEF/WIOLAB/EIA.1/6
Guidelines for presentations on EIA by country delegates.
UNEP/GEF/WIOLAB/EIA.1/7
Work Plan for implementation of the EIA Component of the
WIO-LaB Project.
UNEP/GEF/WIOLAB/EIA.1/8
Decisions and recommendations of the inception meeting
Information Documents
UNEP/GEF/WIOLAB/EIA.1/INF.1
Convention for the Protection, Management and Development
of the Marine and Coastal Environment of the Eastern African
Region
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ANNEX 4: TERMS OF REFERENCE OF THE REGIONAL TASK FORCE ON
ENVIRONMENTAL IMPACT ASSESSMENT (EIA)
The Project entitled "Addressing land-based activities in the Western Indian Ocean" (shortly referred
to as "WIO-LaB") addresses some of the major environmental problems and issues related to the
degradation of the marine and coastal environment due to land-based activities in the Western Indian
Ocean (WIO) region. The Project is implemented by the United Nations Environment Programme
(UNEP), and is financed by the Global Environment Facility (GEF) and the Norwegian Government.
The WIO-LaB Project represents a strong partnership between countries in the WIO region, namely
Kenya, Tanzania, Mozambique, South Africa, Madagascar, Seychelles, Comoros and Mauritius. The
Project has three main objectives: 1) Reduce stress to the ecosystem by improving water and sediment
quality; 2) Strengthen regional legal basis for preventing land-based sources of pollution; and 3)
Develop regional capacity and strengthen institutions for sustainable, less polluting development. The
Project is designed to serve as a demonstration project for the Global Programme of Action for the
Protection of the Marine Environment from Land-based Activities (GPA/LBA).
As part of one of the activities to fulfill the second objective of the WIO-LaB Project, the Project is
expected to review, establish and implement effective Environmental Impact Assessment (EIA)
processes for the region, in particular as it concerns transboundary environmental issues. As part of a
strategy to achieve this objective, WIO-LaB Project will establish a Regional EIA Task Force to
spearhead the review of national EIA policies, regulations, procedures and institutional frameworks,
and develop a set of Regional Guidelines on EIA for the WIO region. The Regional EIA Task Force
will work in close liaison with an International/Regional EIA Expert who will coordinate, guide and
assist the Regional EIA Task Force on the review and development of common regional approaches
on the application of EIA in the WIO Ocean region, including lessons learnt in the implementation of
EIA.
The objectives of the EIA Component of the UNEP/WIO-LaB Project are (a) to facilitate the regional
review of the policy, legal, regulatory and institutional frameworks governing EIA in the WIO Region
with a view of establishing common approaches for dealing with transboundary environmental
impacts in the coastal and marine environment sector; (b) establish regional mechanisms for exchange
and sharing of lessons and experiences in regard to the application of EIA/SEA in the WIO Region
and (c) promote the application of EIA/ SEA in order to enhance better management and protection of
the coastal and marine environment in the WIO Region.
The Regional EIA Task Force would be charged with the following specific responsibilities.
Duties and Responsibilities
1. Provide data and information to the EIA Consultant who will review existing policy, regulatory
and institutional frameworks and procedures for EIA in the project countries.
2. Identify needs and opportunities for alignment of EIA frameworks in the region, in particular as it
concerns potential transboundary and cumulative impacts of projects and developments.
3. Provide advice with regard to the development of regional EIA guidelines.
4. Review and provide advice with regard to the assignment of the Regional EIA Expert recruited by
the Project.
5. Review and approve the regional EIA guidelines as prepared by the Regional EIA Expert recruited
by the Project.
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6. Facilitate the national stakeholder's consultation process for review and domestication of the
Regional EIA processes.
7. Establish a mechanism for undertaking Strategic Environmental Assessment in the region..
8. Review and approve specific clauses (and related annexes if appropriate) on EIA for inclusion in
the revised Nairobi Convention and its Protocols, as prepared by the Regional EIA Expert.
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ANNEX 5: TERMS OF REFERENCE OF THE REGIONAL EXPERT ON THE
PREPARATION OF REGIONAL GUIDELINES ON EIA IN THE WIO REGION
Background
The Project entitled "Addressing land-based activities in the Western Indian Ocean" (shortly referred
to as "WIO-LaB") addresses some of the major environmental problems and issues related to the
degradation of the marine and coastal environment due to land-based activities in the Western Indian
Ocean (WIO) region. The Project is implemented by the United Nations Environment Programme
(UNEP), and is financed by the Global Environment Facility (GEF) and the Norwegian Government.
The WIO-LaB Project represents a strong partnership between countries in the WIO region, namely
Kenya, Tanzania, Mozambique, South Africa, Madagascar, Seychelles, Comoros and Mauritius. The
Project has three main objectives: 1) Reduce stress to the ecosystem by improving water and sediment
quality; 2) Strengthen regional legal basis for preventing land-based sources of pollution; and 3)
Develop regional capacity and strengthen institutions for sustainable, less polluting development. The
Project is designed to serve as a demonstration project for the Global Programme of Action for the
Protection of the
Marine Environment from Land-based Activities (GPA/LBA).
As part of one of the activities to fulfill the second objective of the WIO-LaB Project, the Project is
expected to review, establish and implement effective Environmental Impact Assessment (EIA)
Guidelines for the region, in particular as it concerns transboundary environmental issues. As part of a
strategy to achieve this objective, WIO-LaB Project will establish a Regional EIA Task Force to
spearhead the review of national EIA policies, regulations, procedures and institutional frameworks,
and develop a set of Regional Guidelines on EIA for the WIO region. The Regional EIA Task Force
will work in close liaison with an International/Regional EIA Expert who will coordinate, guide and
assist the Regional EIA Task Force on the review and development of common regional approaches
on the application of EIA in the WIO Ocean region, including lessons learnt in the implementation of
EIA.
The objectives of the EIA Component of the UNEP/WIO-LaB Project are (a) to facilitate the regional
review of the policy, legal, regulatory and institutional frameworks governing EIA in the WIO Region
with a view of establishing common approaches for dealing with transboundary environmental
impacts in the coastal and marine environment sector; (b) establish regional mechanisms for exchange
and sharing of lessons and experiences in regard to the application of EIA/SEA in the WIO Region
and (c) promote the application of EIA/ SEA in order to enhance better management and protection of
the coastal and marine environment in the WIO Region.
The International/Regional EIA Expert will work in close liaison with the Regional EIA Task Force an
will coordinate, guide and assist the Regional EIA Task Force in the process of review and
development of common regional approaches on the application of EIA in the WIO Ocean region,
including lessons learnt in the implementation of EIA. The specific duties and responsibilities of the
Regional Expert are presented in the following section.
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Duties and Responsibilities
Under the supervision of the WIO-LaB Project Manager, the Regional EIA Expert will undertake the
following tasks:
1) Guide members of the Regional EIA Task Force in the compilation of data and information of
National EIA policies, regulations, procedures and institutional arrangements in their countries,
through through preparation of questionnaires.
2) Communicate with members of the Regional EIA Task Force in regard to the collection,
compilation of data and information on the National EIA policies, regulations, procedures and
institutional arrangements in their countries.
3) Review the existing EIA procedures in participating countries, partly based on information
provided by members of the Regional EIA Task Force, with a view of establishing commonalities
in approaches as well as lessons learnt in the implementation of EIA guidelines in participating
countries.
4) Identify and review available secondary information and documentation on EIA guidelines,
practices and policies in the participating countries in order to build on the information provided
by the Task Force and establish the current status of EIA implementation in the WIO region.
5) Based on the information provided by members of the Regional EIA Task Force, review and/or
analyze the existing policy, regulatory and institutional arrangements in the participating countries
in regard to the application of EIA, in particular as it concerns impacts of a transboundary and/or
cumulative nature.
6) Where appropriate, consult with UNEP, ESPOO, World Bank and other international, regional
and national organizations in regard to the existing EIA practices, policies and lessons learnt from
other projects and activities implemented under auspices of the above organizations.
7) Develop draft Regional Guidelines for EIA and SEA process for the assessment of tranboundary
and/or cumulative environmental impacts, and suggest mechanisms that could be used to facilitate
their adoption and implementation in participating countries.
8) Review the existing national and regional mechanisms that could be used to internalize the
Regional EIA Guidelines, and establish factors that could jeopardize/compromise the
domestication of these regional guidelines and approaches.
9) Prepare a draft Regional Report that includes the above mentioned issues with recommendations
on the modalities of application of the common EIA approaches in the WIO Region, in addition
to the following:
(a)
An overview of existing procedures, policy, regulatory and institutional arrangements in
the participating countries in regard to the EIA.
(b)
Recommendations on the appropriate EIA approaches that could be adopted to deal with
transboundary environmental issues, referring to the draft Regional Guidelines (as
stipulated in point 7 above).
(c)
Recommendations on the domestication process and reforms that are necessary for
effective implementation of EIA in participating countries.
(d)
Experiences and lessons learnt from projects on EIA application in the participating
countries, as well as lessons learnt from other applicable approaches and projects
worldwide.
10) In cooperation with the Regional Legal Expert for the WIO-LaB Project, develop a draft clause on
Environmental Impact Assessment of the Nairobi Convention as well as for the new Protocol on
Land-Based Sources and Activities (LBA), including relevant annexes where appropriate.
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11) Present the draft Regional Report (as stipulated under point 9 above), Regional Guidelines for EIA
(as stipulated under point 7), and Clauses for the Nairobi Convention and related LBA Protocol (as
stipulated under point 10) to the Regional EIA Task Force for review and comments.
12) Based upon feedback received from the Regional EIA Task Force, finalize the Regional Report,
Regional Guidelines for EIA, and Clauses for the Nairobi Convention and related LBA Protocol.
Duration of the Assignment
The total duration of the assignment will be 2 months spread over a period of 8 months commencing
August 2006. The assignment may involve limited travel to a number of participating countries
including the WIO-LaB Project Management Unit based at UNEP Headquarters in Nairobi, Kenya.
Outputs Expected
1. Regional Review Report on EIA approaches in the WIO Region.
2. Guidelines for EIA in the WIO Region (for assessment of transboundary impacts).
3. Draft revision of Article 13 (Environmental Impact Assessment) of the Nairobi Convention,
including Clauses to the related Protocol on Land-Based Sources and Activities.
Timing of activities and outputs will be as follows:
Activity Time
frame
1. Start of assignment/signing of the contract
14th July 2006
2. Offer facilitation services during the inception meeting of the EIA Task
26th -27th July 2006
Force
3. Preparation of guidelines/questionnaires to be used by Task Force members 31st July-18th
August 2006
4. Review of the progress and outputs of the national review process,
20th August -15th
preparation of draft Regional Report, EIA Guidelines and Clauses for the
November 2006
Nairobi Convention and its LBA Protocol
5. Submission of the draft Regional Report, Regional EIA Guidelines and
15th November
Clauses for the Nairobi Convention and its LBA Protocol
2006
6. Present draft Regional Report, Regional EIA Guidelines and Clauses for
December 2006
the Nairobi Convention and its LBA Protocol to the Regional EIA Task
Force
7. Finalization of Regional Report, EIA Guidelines and Clauses for the
1 December 28th
Nairobi Convention and its LBA Protocol
February 2007
8. Submission of the final Regional Report, Regional EIA Guidelines and
28th February 2007
Clauses for the Nairobi Convention and its LBA Protocol
9. Present the final Regional Report, Regional EIA Guidelines and Clauses
March 2007
for the Nairobi Convention and its LBA Protocol to the Regional EIA Task
Force
Academic qualification
The ideal candidate should posses at least an MSc degree in EIA or a related discipline.
Work experience
The ideal candidate should possess at least:
a) 10 years experience on the application of EIA for development projects in developing
countries.
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b) Familiarity with the key institutions involved in EIA in the WIO region.
c) Experience in working with UNEP and/or other UN Agencies will be an added advantage.
Language/s requirements
The ideal candidate should be competent in both written and spoken English. Knowledge of French
will be an advantage.
Salary and benefits
The WIO-LaB Project will offer competitive salary package to the qualified candidate commensurate
with experience and in accordance with United Nations rules and regulations governing remuneration.
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ANNEX 6: GUIDELINES FOR PRESENTATIONS ON NATIONAL EIA POLICY,
REGULATORY, PROCEDURAL AND INSTITUTIONAL FRAMEWORKS BY COUNTRY
DELEGATES
Background
Within the context of the inception meeting of the Regional Task Force on EIA of the WIO-LaB
Project, a regional stock-taking exercise will take place in order to establish the existing status with
regard to EIA in the WIO region. As part of this stock-taking exercise, country delegates will be
requested to make brief presentations on existing EIA policies, regulations, procedures and
institutional frameworks in their respective countries.
Guidelines for presentations
Presentations on existing EIA frameworks should be prepared along the following lines:
· Policy and legislative framework: Provide a brief overview of existing Government policies
and legislation (acts, regulations) with regard to EIA in the country.
· Institutional framework: Provide an overview of the existing institutional framework with
regard to EIA in the country. Which institutions (Authorities, Ministries, other Governmental
bodies) or groups/committees thereof are responsible for:
o Preparation of policies and legislation on EIA;
o Preparation of guidelines and procedures on EIA application;
o Enforcement of the application of EIA for development projects and initiatives;
o Reviewing the adequacy and soundness of EIAs prepared by project proponents;
o Discussions and negotiations with project proponents on mitigative and/or
compensatory measures to be implemented.
o Control over implementation of agreed mitigative and/or compensatory measures.
· Procedural framework: Provide an overview of existing procedures and guidelines with regard
to EIA application in your country:
o Outline the procedural steps to be undertaken.
o Refer to any sector or region specific procedures and guidelines.
o Outline in particular any existing procedures and guidelines for transboundary and
cumulative impact assessment.
Supporting documentation
Country delegates are requested to make available their presentations to the Regional EIA Task Force,
for use in the regional review of EIA policy, regulatory, procedural and institutional frameworks.
Delegates are also requested to provide copies of relevant supporting documentation, including:
· Copies of main Acts of Parliament and Regulations governing EIA applications;
· Copies of relevant EIA procedures and guidelines.
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