1.0. INTRODUCTION.
Securing compliance with environmental regulations at domestic level is achieved through a broad suite of management and compliance verification process. These techniques include environmental impact assessment, standard setting, negotiation, litigation, inspection and verification process, economic incentives and disincentives and encouragement of internal self regulation process through environmental audit and management[1]. These techniques are the focus of this paper.
2.0. SCOPE OF ENVIRONMENTAL IMPACT ASSESSMENT.
Environmental impact assessment is a procedure which serves to provide information about the likely impacts of proposed projects on the environment, so as to inform the process of decision making as to whether the project should be allowed to proceed and if so on what terms.[2] EIA refers to the evaluation of the effects likely to arise from a major project significantly affecting the natural and man-made environment. Consultation and participation are integral to this evaluation. The EIA process should supply decision makers with an indication of the likely consequences of their actions. When properly used , EIA should lead to informed decisions about potentially significant actions, and to positive benefits to both proponents and the population at large. In principle, EIA should lead to the abandonment of environmentally unacceptable actions and to the mitigation to the point of acceptability of the environmental effects of proposals which are approved.
It should be emphasized that EIA is not a procedure for preventing actions with significant environmental impacts from being implemented. Rather the intention is that actions are authorized in the full knowledge of their environmental consequences. [3]
Environmental assessment and related procedures have been identified as key mechanisms used to translate the principles and criteria of sustainable development into practical strategies and actions. The 1992 Conference on Environment and Development and Agenda 21 put considerable emphasis on the potential ability of environmental assessment to help achieve more sustainable forms of development. As part of Precautionary Principles, Principle 17 of Rio Declaration states that an evaluation of environmental impact must be taken by virtue of a national instrument in regard to whatever proposed activity that probably produces a considerable negative impact on the environment.
Environmental Impact Assessment is a management tool for improving the long term viability of many projects and it is used as an avoidance mechanism against incalculable mistakes that can be expensive and damaging in environmental and social economic terms. Although there appears to be no universally acceptable definition of EIA it has generally been defined to mean the examination, analysis and assessment of planned activities with a view to ensuring environmentally sound and Sustainable Development.[4] It is a process of identifying, predicting and evaluating the forcible impact of beneficial and adverse alternative and mitigating measures with a view also to eliminating or minimizing negative impact and optimizing positive impacts.[5]
Statutorily, it is defined as an estimate or judgment of the significance and value of environmental effects for Natural, Socio-economic, and Human receptors.[6] By identifying and evaluating the probable environmental effects of a proposed activity EIA seeks to prevent adverse ones from occurring. By elaborating available options and means of minimizing unavoidable effects, it works to balance a proposed activity’s socio-economic benefits with its environmental cost. In this sense, EIA contributes to the prevention of environmental damage in the first instance as well as prudent environmental management through the life of a development activity. It is also a means of gathering environmental information which ultimately serves to;
a) inform government decision-makers about environmental considerations they should take into account before authorizing a development activity
b) identify and analyze ways in which the benefits of an activity might be maximized
c) identify and analyze measures for mitigating an activity’s likely adverse environmental effects, and
d) ensure the sustainable management of natural resources and the prevention of environmental degradation and
e) identify and analyze reasonable alternative to the proposed development activity. The heart of EIA process is the analysis of alternatives.
EIA is recognized as a planning tool used to predict the likely Environmental impacts of a proposed activity such as a project, plan, program or legislative action so that they can be addressed at an appropriate stage in the design or formulation before further decisions are taken on the activity or action. The EIA involves a systematic process for identifying, predicting and evaluating potential effects or impacts associated with a new development project, plan, program or legislative action. The EIA process is the various stages a proposed activity undergoes from proposal to approval for implementation. The potential scope of a comprehensive EIA process is considerable and could include the appraisal of policies, plans, programme and specific development projects. The primary purpose is to encourage the consideration of environmental issues in the planning and decision-making in order to ensure that the action is compatible with the environment.
3.0. EIA IN THE GLOBAL CONTEXT
EIA began to be used as a decision making aid during the 1960s, some time before it became a legal requirement. The first legislation on EIA is the US National Environmental Policy Act of 1969(NEPA). It was in part a response to the growing environmental movement of that era, and also to public disquiet relating to the effects on communities of the growth in construction of the US interstate highway system during the 1960s. NEPA applies to actions by Federal Agencies but not to purely private or state actions. It requires what is in effect an initial screening process which results in either a reasoned finding of no significant impact (FONSI) or the requirement by way of notice of intent (NOI) for a full Environmental Impact Statement (EIS). the draft EIS is subject to a public hearing process. It will typically cover the purpose and need for proposed action, the range of alternatives, and the analysis of the environmental impacts on matters such as air and water quality, endangered species, historic and cultural sites, and social and economic effects. The final step after consultation and re-evaluation is a record of decision (ROD).[7] NEPA has given rise to much litigation, including a number of seminal decisions of the US Supreme Court. These include one of the great US environmental cases Sierra Club v. Morton[8], which focused on whether the Sierra club as a corporate body had standing to challenge development near Sequoia National Park. NEPA was closely followed by legislation at state and national level in Australia, notably in South Wales and in the Environmental Protection(Impact of proposals) Act 1974.
International financial bodies such as the World Bank, European Investment Bank, European Bank for Reconstruction and Development, African Development Bank and Asian Development Bank have for many years made EIA part of the procedures for assessing projects for funding. In the area of project finance, EIA is also an Important component of performance standards for lenders as promulgated by the International Finance Corporation and the Equator Principles, Principle 2 of which requires both social and environmental assessment for relevant projects. The Organisation for Economic Cooperation and Development (OECD) and United Nations Environment Programme (UNEP) have made recommendations on EIA procedures to member governments. The international association for impact assessment was created in 1980 and provides a forum for the consideration and development of best practice in the field of EIA, on a cross-disciplinary basis.
There are three important legal international instruments which are relevant to EIA. These are instruments of the UN Economic Commission for Europe (UNECE) dealing with environmental assessment in the trans-boundary context( the Espoo Convention), strategic environmental assessment (the Kiev protocol) and public participation in environmental decision making (the Aarhus convention). all have exerted a significant and growing influence on EU law and in turn the domestic law of the UK.
4.0. LEGAL AND REGULATORY FRAMEWORK FOR EIA IN NIGERIA
EIA was first recognized as a tool of environmental management in Nigeria in the guidelines on Nigeria's fourth National Development Plan (1981-1985) which requires that feasibility studies for all projects, both private and government shall be accompanied by an environmental impact assessment. The onus for the preparation of the EIA report will be on the owners of the project.[9] Today, following the enactment of the Environmental Impact Assessment Decree,[10] the practice of EIA has become institutionalized. The decree was later followed by Environmental Impact Procedure 1995. In Nigeria, the regulatory framework for EIA is the EIA Act No. 86 of 1992 (formerly EIA Decree 86 (1992). It is the law that governs EIA practice in Nigeria as adopted in 1992. It is the main legal document explaining the system and principles of EIA in Nigeria. It can be found at the Federal Ministry of Environment website. In the evolution of the EIA systems in Nigeria there are three independent types in operation. These are the EIA Act 86 of 1992, the Town and Country Planning Decree 88 (1992) and the Petroleum Act (1969). The EIA schemes (the Town and Country Planning Decree) has not evolved satisfactorily but the other two Acts have produced legislation and robust guidelines. The Petroleum Act of 1969 was the first comprehensive legislation introduced in Nigeria applicable to petroleum operation.
The EIA Act was promulgated principally to enable the prior consideration of environmental impact assessment of public or private projects. Any person planning a project/ activity which may have an impact on the environment is statutorily required to prepare an EIA report, and the report must set out the potential impact of the activity on the environment and plans for preventing/mitigating the same, as well as clean up plans. Any person who fails to comply with the provisions of the EIA Act commits an offence and is liable on conviction, in the case of an individual, to a fine or to a term of imprisonment for up to five years and fines are also imposed on guilty firms or corporations.
The lead agencies for the EIA process in Nigeria are the Federal Ministry of Environment (FMEnv), the competent authority, through its Environmental Assessment Department for EIA and the Department of Petroleum Resources (DPR), an arm of the Ministry of Petroleum Resources, which also has a mandate for the regulatory framework for all activities in the Oil and Gas sectors of the economy. DPR does this through the Petroleum Act of 1969 and the updated Environmental Guidelines and Standards (EGAS formerly EGASPIN) of 1991 and 1999 and revised in 2002. Also, States and Local Government Councils which comprise the second and third tiers of government were encouraged under Decree 59 of 1992 to set up their own environmental protection agencies (SEPAs). In practice, most EIAs are prepared pursuant to FMEnv and DPR guidelines.
Furthermore, the FEPA act empowers the FME to require the production for examination of any license or permit granted to any person, to enter and search land or building, and to arrest any person whom they have reason to believe has violated any environmental regulations. The approach of regulatory agencies is the prevention of environmental damages, the regulation of potentially harmful activities and the punishment of willful harmful damage whenever this occurs.
5.0. OBJECTIVES OF ENVIRONMENTAL IMPACT ASSESSMENTS
It is difficult to identify the specific objectives of EIA. The primary purpose of EIA legislation is to make EIA mandatory by ensuring that the potential environmental impacts of a proposed activity are identified and evalusted before a firm decision is taken to proceed with planning and implementation of the activity. Some fundamental objectives of the EIA include;
I. Establishment of significant environmental effect of any project to be undertaken by any person, authority, corporate body or incorporated body including the federal, states or local government.
II. Encouragemnet of development of procedures for information exchange, notification and conclusion between organs and people when proposed activities are likely to have significant transboundary effects, or translate on the envirnment of bordering towns and villages.
III. Consideration of environmental factors in addition to economic, technical and political considerations in decision making.
IV. Description of residual impact that cannot be mitigated
V. Improvement of public participation in decisions relating to development and environment
VI. Enforcement of administartive transparency and accountabilty by requiring that the assumptions and judgements made in arriving at decisions are made explicit.
6.0. THE EIA PROCESS
EIA is a process which applies to certain types of actions, but not to all proposals. It is not in alla cases where a project is conceived that an EIA must be undertaken. An EIA is necessary only if the proposed project will have an impact on the environment . environment in this context refers to the natural and physical environment includijng social and cultural disruptions, aesthetic and socio-economic aspects of human environment and the interaction among these components. The legal requirement relating to EIA should be ckearly distinguished from those relating to other types of actions so that no confusion exists between differebnt processes. It is important that a clear outline of all the procedures involved in the EIA process be available so that proponents, developers, consultees, the public and relevant authorities can gain an overview of the wghole process.
Eight major steps come to mind in respect of EIA process. These are;
1. Consideration of alternatives to achieve objectives
2. Action design after a choice has been made
3. Screening of action design I.e establishing whether an EIA is necessary in a particular case
4. Scoping I.e deciding on the perimeter that has to be covered in the EIA
5. Preparation of the EIA report:
a. Description of action to be taken and the environment where the action willl be taken
b. Impact prediction of the action on the environment and
c. Impact significance of whatever prediction
6. Reviewing of the EIA report in order to check its adequacy
7. Decision making by the appropriate authorities using the EIA report and opinions expressed about it
8. Monitoring actions and impact of the proposal if its implemented.
While all the activities/processes are taking place, mitigation of impact, consultation and participation of significant actors must be taking place simultaneously.
CONCLUSION
EIA provides the Government with an indication of the environmental consequences of the options open to it. It ensures that potential environmental conflicts and problems are foreseen and attended to at the early stage in project planning and design. For a country like Nigeria, the essence of EIA cannot be overemphasized. It is cheaper when compared with long term cost of not undertaking it. It also helps decision makers to know the viability of a project and the consequences of their actions.
[1] Amokaye G Oludayo, Environmental Law And Practice in Nigeria (University of Lagos Press 2004) 539.
[2] See Carroll and Turpin, environmental assessment handbook(Thomas Telford, 2nd edn,2009),p 1.
[3] Stephen Tromans QC, Environmental Impact Assessment (2nd edn, Bloomsbury Publishing plc 2012) 1.
[4] Decision 14/25 of the governing council of UNEP of 17 June 1997.
[5] See Waltern P, An Introductory Guide to Environmental Impact Assessment: Theory and Practice (Routledge, London 1992) 6.
[6] The EIA Procedure 1985,(FEPA,Abuja,1985).
[7] Stephen Tromans QC, Environmental Impact Assessment (2nd edn, Bloomsbury Publishing plc 2012) 2.
[8] 405 US 727 (1972)
[9] See Nigeria’s 4th National Development Plan (Federal Government Press.1981) .
[10] No. 86 of 1992
