NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
ENVIRONMENTAL COMPLIANCE IN UGANDA-A
REGULATORY PERSPECTIVE/ENVIRONMENTAL
IMPACT ASSESSMENT (EIA) PROCESS IN
UGANDA
PRESENTED AT A TRAINING WORKSHOP FOR
USAID/UGANDA STAFF FROM 9TH TO 12 TH SEPTEMBER,
2014 , KAMPALA, UGANDA.
PRESENTED
BY ALEX K. WINYI
ENVIRONMENTAL IMPACT ASSESSMENT OFFICER
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Outline of the Presentation

General introduction
Introduction to the EIA tool
Description of the General EIA Process
Projects subjected to EIA
Benefits of the EIA tool

Challenges




of
EIA
in
Environmental
Compliance

Conclusion
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
•
•
•
•
Environment and Natural Resources
Management
Environment
and
Natural
Resources
are
crosscutting sectors, key in Poverty Reduction
The natural resources provide sources of
livelihood and means to overcome poverty for
the majority of the population.
Uganda’s economy relies heavily on natural
resources
Government discovered Oil resources (stock
resources)
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Specific Policy Objectives
Enhance health and quality of life of all Ugandans and
promote long-term, sustainable economic development;
Integrate environmental concerns in all development
oriented policies, planning and activities at all levels;
Conserve, preserve and restore ecosystems and
maintain ecological processes and life support systems;
Optimise resource use and achieve a sustainable level of
resource consumption;
Raise public awareness; and
Ensure individual and community
environmental improvement activities.
participation
in
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Environmental Management
NEMA
•Monitoring
•Supervision
•Coordination
•Regulation
Districts
and Lead
Agencies
Communities
•Key users of ENRs
•Key stakeholders
in Mgt
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Environmental Management Tools
Precautionary Principle Implementation Tools
Environmental Planning
Environmental Monitoring and Impact
Assessment/SEA
Environmental Audit
Environment
Standard
Setting
and
Licensing
Public Awareness and Participation
Environmental Easements
The Use of Economic and Social Incentives
Polluter pays principle
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
KEY ENVIRONMENTAL MANAGEMENT TOOLS
Two Principles
Precautionary Principle
EIA
Polluter Pays Principle
Definitions
•Environment
•Impact
•Assessment
•Mitigation
Env
Audit
Env. Inspections and
Compliance Monitoring
ENV’TAL IMPACT ASSESSMENT - EIA
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
(1.0) Introduction to the EIA tool
l Tool to help predict environmental impacts of
proposed developments-both positive and
negative
l
l
To promote good routine
management practices
environmental
In Uganda, the tools mainly being used include
Environmental
Impact
Assessments,
Environmental
Audits
and
Strategic
Environmental Assessment
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
l
Environment”- broadly interpreted:
l
Physical: soil & water resources, air
quality;
l
Biological: fauna, flora, ecosystems;
l
Social: culture, religion, and local
values;
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Defn of Impact(s)
“Impact”
 Deviation from a baseline
situation
l

Assessment”
The process of identifying likely
impacts from an activity or
project, quantifying them, and
judging their significance
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Thus EIA is
l
l
l
….
A formal process of identifying;
the likely impacts of proposed
activities or projects on the
environment and on human
health and welfare;
Means and measures to mitigate
(avoid/reduce/restore/remediate/
compensate) and monitor these
impacts;
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
(2) Description of the EIA Process in Uganda


NEMA was established under the National
Environment Act Cap. 153 of the laws of Uganda,
and is mandated, among its functions; to review
and approve environmental impact assessments
and environmental impact statements submitted in
accordance with the act or any other law.
This is in line with the principle of environmental
management which requires prior environmental
assessments of proposed projects which may
significantly affect the environment or use of
natural resources.
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
The basic procedure includes :
(1)Screening-includes the first screening, an
Environment Impact Review, and the last
screening is done to determine whether the
proposed project is among those listed in the
3rd Schedule of National Environment Act Cap
153, for which EIA has to be undertaken.
(2) Environmental Impact Study-The developer is
responsible for carrying out EIA and meeting
all the costs involved.
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
The basic procedure includes :
(1) Screening-includes
the first screening, an
Environment Impact Review, and the last
screening is done to determine whether the
proposed project is among those listed in the
3rd Schedule of National Environment Act Cap
153, for which EIA has to be undertaken.
(2) Environmental Impact Study-The developer is
responsible for carrying out EIA and meeting
all the costs involved.
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SCREEN1
WHETHER PROJECT
l
l
l
l
SCREEN 3
WHETHER
ADEQUATE
MITIGATION
MEASURES
HAVE BEEN
IDENTIFIED
EIStudy
SCOPING
T.O.R
S OF T.O.RS
REVIEW
EIStudy & Info Collection
PREP EIS
REVIEW OF EIS
APPROVAL/DISAPPROVAL OF EIS
Decision
Making
IS EXEMPT
FROM EIA
SCREEN 2
WHETHER
PROJECT
REQUIRES
MANDATORY EIA
Screening
NATIONAL
ENVIRONMENT
SUBMISSION OF PROJECT BRIEF
MANAGEMENT
TO NEMA
& TO LEAD AGENCY
AUTHORITY
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Relevant Policies and Laws
 Policies include:
 The
National
Environment
Management Policy for Uganda
(1994);

National Policy for Conservation
and
Management
of
Wetland
Resources 1995;
 The Water Resources Policy, 1995;
 The National Fisheries Policy,
2004;
 The Uganda Wildlife Policy, 1995;
 The National Land Use Policy,
2007;

The Uganda Forestry Policy, 2001;
The
Energy
Policy
for
Uganda, 2002;
The National Oil and Gas
Policy for Uganda, 2008.
Some of the relevant laws
include:
The Constitution of Republic
of Uganda, 1995;
The National Environment
Act, Cap 153
The Land Act Cap. 227;
The Mining Act, 9/2003;
The National Forestry and
Tree Planting Act, 2003;
The Petroleum Supply Act;
The Water Act Cap, Cap 152.
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
The Uganda Wildlife Act Cap 200; and
The Roads Act.
Regulations:
The National Environment (Impact Assessment Regulations), 1998;
The National Environment (Audit) Regulations, 2006;
The National Environment (Waste Management) Regulations, 1999;
The National Environment (Conduct and Certification of EIA
Practitioners) Regulations, 2003;
The National Environment (Wetlands, Riverbanks and Lakeshores)
Regulations, 2000;
The National Environment (Hilly and Mountainous Areas) Regulations,
2000
The Petroleum Supply (General) Regulations,2009.
The National Environment (Standards for Discharge of Effluent into
Water or on land) Regulation, 2003
The National Environment (Noise Standards and Control) Regulations,
2003
The Water (Water Resources) Regulations
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Institutional
Framework
for
Implementation of Environmental
Assessments/Environmental
Management
Framework
in Uganda
National Level
Local Gov’t
MWE
NEMA
Lead Agencies
(DEC)
S/c Council
District
Council
DTPC
DEO
Mun Council
S/c LEC
LC. I
Mun Env Com
Div
Council
Vil Env Com
Div Env Com
LC.I
Cell Env Com
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY








Review parameters
Adequacy
of
the
report-all
significant
impacts/issues addressed
Review of Policy, Legislation and Regulations
Environmental Baseline Information-accurate and
correct
Location of the project/ownership of land
Mitigation measures/Alternative analysis-design
and setting
Technical soundness of the mitigation measures
Procedures-Stakeholder
Consultations/Public
Hearing
Implementation-Environmental Management and
Monitoring Plan-Parameters
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Review timelines






Guided
by
the
Environmental
Impact
Assessment Regulations (1998) and Guidelines
for Environmental Impact Assessment in
Uganda (1997)
Scoping Report/Terms of Reference (ToR)-14
Working days
Project Briefs (PBs)-21 working days
Environmental Impact Statements (EIS)-30
working days
Lower limit-60 working days (estimate)
Upper limit-180 working days/6 Months
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
(c) Projects subjected to EIA
 Provided for under the Third Schedule of the
National Environment Act Cap 153; they
include:
General Considerations
 An
activity out of character with its
surroundings;
 Any structure of a scale not in keeping with its
surroundings;
 Major changes in land-use.
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY










Other projects
Urban Development (new town ships)
Transportation-roads, railways, airport/fields, pipe lines &
water transport.
Dams, rivers and water resources;
Aerial spraying.
Mining, including quarrying and open-cast extraction of
minerals.
Forestry-clearance, timber harvesting, reforestation and
afforestation.
Agriculture-large scale, use of pesticides/fertilisers and
introduction of new crops.
Processing and manufacturing industries (Oil refineries &
petrochemical works)
Electrical infrastructure-generation stations, transmission
lines, electrical substations.
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY



Management of hydrocarbons, including the
storage of natural gas and combustible or
explosive fuels.
Waste disposal , including sites for solid waste
disposal, sites for hazardous waste disposal and
sewage disposal works.
Natural conservation areas including creation of
national parks, game reserves and buffer zones,
management
of
ecosystems,
commercial
exploitation of natural fauna and flora and
introduction of alien species of fauna and flora into
ecosystems.
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Summary of Conditions of Approval
After approval of a project, the Developer
is issued with a Certificate of Approval
 Specific conditions of approval
 General conditions of approval
Construction phase conditions of
approval
Operational phase conditions of approval
Decommissioning phase conditions of
approval
Cancellation conditions of approval
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Statutory Fees paid for projects
1.Total project value < 50,000,000
=UGX 250,000/=
2. Total project value > 50,000,000<100,000,000= UGX 500,000/=
3. Total project value > 100,000,000<250,000,000= UGX 750,000/=
4. Total project value > 250,000,000<500,000,000= UGX 1,000,000/=
5. Total project value > 500,000,000<1000,000,000= UGX 1,250,000/=
6. Total project value > 1000,000,000<5,000,000,000= UGX 2,000,000/=
7. Total project value > 5,000,000,000
value
=0.1% of the total
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY




Benefits of EIA
More
environmentally
sustainable
design or improvements in the design
and siting of a project.
Carrying out EIA entails an analysis of
possible alternatives in the design
and siting of projects.
Better
compliance
with
environmental standards; compliance
with
environmental
standards
reduces disruption and damage to the
environment
and
reduces
the
likelihood of fines and penalties;
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY

l
bbbb
Savings in capital operating costs;
Environmental assessment leads
to responsible decisions,
investment, health of employees
and the community;

It
keeps
business
governments in touch;

Increased project acceptance by
the public;

The process facilitates investment;
The environmental assessment
process promotes better planning

and
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Other benefits of EIA(Good
Environmental Practices)
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Restoration of the Access road
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY


Challenges facing the EIA process/tool
Inadequate man power (few staff) than the inflow
of EIS/PBS.
Fixed time lines given to developer in oil and gas
by the licensing authority( decision depends on
timely in put by stakeholders).

Inadequate information submitted by the developer
which delay/affects decision making.

Inadequate coordination by regulators/Lack
current information of decision making
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of
NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Dos/donts in the EIA process

EIA must be conducted before
implemented-before licensing
projects

EIA should not be done to justify projects that have
already been implemented

EIA should be conducted as an integral part of the
overall project cycle.
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY






Conclusion
The EIA Tool is a very important planning tool
for:
Identification of negative impacts of projects
(+ve & -ve)
Determine whether adverse impacts can be
mitigated.
Recommend
preventive
and/or
mitigation
measures
Assesses alternatives and associated activities
Recommend whether or not a proposed policy or
project should be implemented or modified.
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
THANK YOU FOR LISTENING
QUESTIONS?
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