Environmental Law

The Role and Legal Framework of Environmental Impact Assessments in Sustainable Development

Abdulganiu Alao Akinsola
| August 29th, 2024

Overview

Environmental Impact Assessments (EIAs) are a vital tool for assessing the potential environmental effects of a proposed project or development before making a decision to proceed. The basic goal of an EIA is to guarantee that decision-makers evaluate environmental implications and, when possible, avoid negative effects, thus fostering sustainable development.

 

Introduction

According to UNEP, Environmental Impact Assessment (EIA) is a process of evaluating the likely environmental impacts of a proposed project or development, taking into account interrelated socio-economic, cultural and human-health impacts, both beneficial and adverse. According to Eccleston (2011), Environmental Impact assessment (EIA) is the assessment of the environmental consequences (positive and negative) of a plan, policy, program, or actual projects prior to the decision to move forward with the proposed action. 

In this context, the term "environmental impact assessment" (EIA) is usually used when applied to actual projects by individuals or companies and the term "strategic environmental assessment" (SEA) applies to policies, plans and programmes most often proposed by organs of state. Environmental assessments may be governed by rules of administrative procedure regarding public participation and documentation of decision making and may be subject to judicial review.

In many countries, the aim of EIA is to reduce the environmental impact of a project at the earliest possible stage during the project cycle, that is, during the planning stage. Whilst EIA processes differ between countries and projects, there are several common components:

  • Screening - is an EIA required; what level of detail is required.
  • Scoping - what are the issues and impacts of the project; who are the stakeholders; what is the current state of the environment.
  • Identification of alternatives - what alternatives exist.
  • Impact analysis - what are the environmental, social and other related impacts of the project.
  • Mitigation and impact management - how will the impacts be mitigated, reduced or managed.
  • Evaluation of significance - are the impacts acceptable.
  • Preparation of an Environmental Impact Statement (EIS) or report - documentation of the proposal, impacts, impact mitigation and management options, level of significance and concerns.
  • Review of EIS - EIS is open for public comment for a sufficient period of time.
  • Decision making - public comments considered and a decision made whether to accept the proposal as is, modify the proposal or reject the proposal outright.
  • Monitoring and review - develop an implementation plan; begin monitoring and review of the project.

 

Legal Framework for Environmental Impact Assessments in Nigeria

1) Environmental Impact Assessment Act No. 16 of 2017.

This Act established the National Environmental Standards and Regulations Agency (NESREA) as the regulatory authority for EIAs in Nigeria and provides a legislative framework for their implementation.

2) The National Environmental Standards and Regulations Agency (NESREA) Act No. 20 of 2006.

The Act established NESREA as Nigeria's environmental regulating authority.

3) The National Environmental Policy 

This policy serves as a foundation for sustainable development in Nigeria and outlines the government's commitment to environmental conservation.

4) Sectoral regulations 

This apply to specific project types, such the National Oil and Gas Policy, National Power Policy, and National Water Resources Policy, in addition to the general laws stated above. These policies frequently include specific requirements for EIAs.

 

Conclusion

Environmental impact assessments are an important tool for ensuring that development initiatives are sustainable and environmentally friendly. EIAs contribute to environmental protection, informed decision-making, and ensuring that development projects comply with legal and regulatory requirements by examining potential consequences before they occur. However, the performance of EIAs is dependent on strong legislative frameworks, strict enforcement, and the ability to undertake detailed assessments and monitor project execution. Addressing these difficulties is critical to strengthening EIAs' role in supporting global sustainable development.


Abdulganiu Alao Akinsola
Author

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