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EPA Environmental

Impact Assessment
Procedures for Projects

KWESI OWUSU SEKYERE

Outline of Presentation

What is EIA
Introduction to Ghana EIA
Registration
Screening
Preliminary Environmental Assessment
Scoping
Environmental Impact Study
Public Hearing
Appeals
Fees

What is EIA

It a formal process to predict environmental


consequences of a proposed development project
Balance assessment of effects on the environment;
written analysis that describes and details the probable
and possible effects of a proposed project on the natural
environment
It is a means for understanding the potential effects that
human action especially technological may have on the
natural environment
It has two main roles
Legal
educational

EIA
It is interdisciplinary and its purpose is to
inform decision-makers and affected
public about the impacts of the proposal
Find means of avoiding, preserving, and
minimizing impacts
Identifying and assessing alternatives
It is a tool for assisting environmental
management and for contributing to
sustainable development

1. introduction

The EPA environmental procedures are logical,


systematic and formal procedures introduced in June
1995.
It is backed by law; the EPA Act 490, 1994 and L.I. 1652,
1999
The procedure involves:
Registration
Screening
Preliminary Environmental Assessment
Scoping
EIA study
Reviews and Public Hearings
Appeals
Payment of Fees

2.Registration

Registration is the process of purchasing or


obtaining the appropriate form from the agency,
filling and submission, together with relevant
documents such as site plan, blockplan, fire report
etc.

The responsibility of registering an investment


/development / undertaking lies with the
proponent. However the agency has the right to
inform any defaulting developer to register.

The agency acknowledges receipt of the


registration form and communicates back to the
proponent

Registration contd
Why register
To ensure compliance with the
Environmental Assessment regulations,
L.I.1652

To enable the agency assess the potential


environmental impacts of the proposed
undertaking and offer advice accordingly.

3.Screening

Screening determines the level of Environmental


Assessment for a proposed project, thus whether a
proposed project should be subjected to PEA, EIA or not.

The process involves:


visits to the proposed project sites to verify information
provided in the registration form

Consultation with the relevant stakeholders within the


likely area of influence of the proposed project

Screening contd

The key issues to be considered during screening :


Zoning status (proposed Landuse)
The size and output of the proposal in relation to the
location
The project type to predict potential significant
impacts
Scale of impacts to determine significance
Concerns of the general public
Consider the possible cumulative (synergistic or
antagonistic) effects of other projects in close
proximity

Screening contd

Other factors relevant to the proposed project

The screening output is a screening report which


decides on one of the following:

Approval given for the proposal to proceed


Objection to the proposal and therefore cannot
proceed
Additional information / clarification required
Preliminary Environmental Assessment
required
Environmental Impact Assessment required

4.PreliminaryEnvironmental
Assessment (PEA)

PEA is required for small to medium impact scale


projects, eg. Estate developments, hotels etc.

The findings of a PEA are compiled into a Preliminary


Environmental Report (PER). The PER is expected to
provide adequate information on the proposed project.

The PEA is done by the proponent, and twelve (12)


copies of the report are submitted to the agency for
review by a Technical Review Committee (TRC).

An environmental permit may be issued.

5.Scoping

Scoping becomes necessary or is required when the


screening decision on the environmental assessment
indicates that the proposed project requires EIA or SEA
as the basis for consideration for Environmental Permit.

What is Scoping?
Scoping is a systematic process that determines the
boundary limits of the EIA study.

The main objective of a scoping exercise is to:


Identify, predict all potential environmental and socioeconomic impacts and then narrow down to the most
critical and relevant key issues

Scoping contd
Why scoping?
Scoping is done to ensure that the EIA / SEA focuses on
the key issues for decision making

Scoping allows the generation and collation of relevant


field data, baseline data or information and other
materials to avoid incurring unnecessary cost

It identifies impact sources and impact recipients

Scoping facilitates the identification / consultation with all


relevant stakeholders (public, special interest groups) to
provide the opportunity for good review scheme

Scoping contd

Scoping provides background research on the


proposed project and determines the
professional mix of the study team

The scoping exercise creates public awareness


and allows for wide range of participation

Scoping notices should be advertised in the


media, community etc

The ultimate of the scoping process is to


generate the required Terms of Reference (ToR)
that will guide the EIA study

Scoping contd
How is scoping done?
The scoping exercise combines the following issues:
Desktop information / literature review

Survey / visits to the proposed sites and alternatives (visits


to similar sites)

Determination of the potential area of project influence

Meetings with the public/communities / relevant


stakeholders, NGOs etc

The scoping exercise will give an indication of the cost of the


EIA. It is undertaken by a team of consultants employed
by the proponent

Scoping contd
Output of Scoping
A scoping report is produce to include the ff:

Description of proposed project indicating the justification

Description of potential impacts, consultation process

Proposed ToR for the EIA study

Ten (10) copies of the report submitted to the Agency for


review

Outcome on report should be communicated


proponent within 25 days of receipt of the report

to

Scoping contd
Contents of ToR to include the ff: (Reg.12, L.I. 1652)

A detailed description of the proposed project

An analysis of the need for the proposed project


(justification)

Alternatives to the proposed site

Site selection (justification)

Relevant information on potential impacts

Potential impacts on public health

Proposed mitigation measures

Scoping contd

Monitoring plan for potential impacts and proposed mitigation


measures

Contingency plans to address unpredicted environmental impacts

Comprehensive consultation list

Relevant materials eg. Maps, plans, pictures, etc that will facilitate
comprehension of the EIS

Provisional Environmental Management Plan

Proposals for compensation package

Whether any area outside Ghana is likely to be affected

Ghana EIA Procedures


SUBMISSION OF
EA APPLICATION
(Registration Form)

No EIA
Required

INSPECTION

EP
DECLINED

SCREENING
25 WD

EP
ISSUED

PEA
Required

PER
SUBMISSION

EIA Required

PER
REVIEW
EP ISSUED

EP DECLINED

SCOPING
(Terms of Reference)

EIA - ENVIRONMENTAL IMPACT ASSESSMNET


EIS - ENVIRONMENTAL IMPACT STATEMENT
PER - PRELIMINARY ENVIRONMENTAL REPORT
PEA - PRELIMINARY ENVIRONMENTAL ASSESSMENT
PH - PUBLIC HEARING
WD - WORKING DAYS REQUIRED FOR REVIEW

EA - ENVIRONMENTAL ASSESSMENT
EP - ENVIRONMENTAL PERMIT

EPA ACTION

Proponent Action
Public

6. EIA study
The information gathered during the EIA study is complied into a
document known as the Environmental Impact Statement (EIS). The
format of the EIS should include:
Executive summary

Introduction
Project objectives
Background information
Purpose of the study
Consideration of alternatives

Project description
Pre-construction phase
Constructional phase
Operational phase

EIA study contd

Baseline
information
environment

on

existing

Identification and Assessment of potential


environmental impacts
Pre-construction
Constructional
Operational
Mitigation measures

EIA study contd


Monitoring programme
Provisional

EMP

Consultation
Decommissioning
Conclusion

plan

EIA study contd

Proponent submits 12 hard copies of draft EIS


for review and comments communicated back

Proponent submits 8 hard cover copies and a


compact disc of final EIS to the Agency

Environmental permit issued

Environmental permit valid for 18 months

EIA study contd

An Environmental Permit is always issued with a schedule of


conditions, including the following key requirements:

Project type, location, contact person, date issued

Notice of commencement of operation

Proposed Pollution abatement measures, stating guidelines

Notice to submit Annual Environmental Report and EMP

Notice to obtain other relevant permits, licences,etc, applicable to the


sector

Notice to obtain Environmental Certificate

List of relevant institutions served with copies of the permit

Ghana EIA Procedures


SCOPING
(Terms of Reference)

PUBLIC
HEARING
(Panel)

EIA STUDY

Draft EIS SUBMISSION

EIS REVISION

Revision
Required

DRAFT EIS
REVIEW
(Committee)

Public Hearing
Required

50 WD
Revision
Required

Approval
Recommended

PUBLIC
HEARING
(Panel)

Approval
Recommended

EP ISSUED
WITHIN 15 DAYS

EP
DECLINED

EPA
ACTION

EIA - ENVIRONMENTAL IMPACT ASSESSMNET


EIS - ENVIRONMENTAL IMPACT STATEMENT
PER - PRELIMINARY ENVIRONMENTAL REPORT
PEA - PRELIMINARY ENVIRONMENTAL ASSESSMENT
PH - PUBLIC HEARING
WD - WORKING DAYS REQUIRED FOR REVIEW

EA - ENVIRONMENTAL ASSESSMENT
EP - ENVIRONMENTAL PERMIT

Proponent Action

Public

7. Public Hearing (PH)


PH (Reg.17, L.I. 1652) becomes necessary when
any of the following issues become critical:

There appears to be great adverse public reaction to the


commencement of the proposed project after public
notices (recent case - southern Fried chickenCantonments )

The proposed project will involve the dislocation,


relocation or resettlement of communities

When the agency considers that the proposed project


could have extensive and far reaching effect on the
environment

Public Hearing contd


Conditions for the PH
Not less than 3 persons and not more than 5 persons on
the panel

At least a third of the panel members shall be residents


of the geographical area

The chairman of the panel shall be appointed by the


Agency from among the members but shall not be
resident of the geographical area

The panel shall submit to the agency its findings,


recommendations within a period of not less than 15
days from the date it starts hearing representations

Public Hearing contd

Pre PH :
Sensitization by making available all reports to the
public, publication in the daily papers, relevant Dist.
Assemblies
Choose an appropriate location, ensure security
Form a panel of 3 or 5 members; one third of panel
members should be residents of the geographical
area
During the PH
The EPA would have to guide and advise on all issues
Submission by representatives of identified groups
Record proceedings, findings and recommendations

Public Hearing (PH) contd

NB. It is the obligation of the proponent to organize the


activity; but in consultation with the agency. The
proponent takes care of all financial implication

Post PH
The panel shall make its report to the agency within
15days
The agency would input the findings and
recommendation into the technical review
Forward comments to the proponent or developer of
the project to be incorporated into the draft EIS.

Benefits and Challenges of a PH


Benefits
Relevant stakeholders, communities and the general
public would be well informed.
Inputs of all stakeholders and communities would be
taken into consideration
Challenges
The perception of a PH
The screening of issues?
If not well controlled it could take a whole day without
achieving the goal of the activity.

8. Appeals

An appeal becomes necessary when a proponent is


dissatisfied with a decision taken by the agency

The proponent can then appeal to the sector minister


(Reg. 27, L.I. 1652). The aggrieved proponent has 30
days to do that.

The appeal made to the minister will have to indicate the


following:
States the issues objected to
Attach a copy of the decision letter objected to
All
other relevant documents necessary for
consideration

Appeals contd
The minister then shall within 14 days appoint a
panel:
Composition of Ministers panel:

Representation from the sector ministry not


below the rank of a DIRECTOR

Representation from the Attorney-Generals


department not below the rank of a SENIOR
STATE ATTORNEY

Appeals contd

The ministry with responsibility for the project

Two persons (experts) with specialization in the


field of the proposed project

The panel shall have 60 days from date of


reference to submit a report to the Minister
The panel shall forward copies of its proceedings
to the Agency and relevant ministry

9. Fees
By law: L.I. 1703, a proponent shall pay two
fees for its registered project.

Processing fees (non-refundable): paid


before site verification visit/ screening
decision/ scoping report submission

Environmental Permit fee: paid after


project has been approved or before
collection of environmental permit

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