Key Benefits:
6. Requirements for authorisation
(1) Every -
(a) application made to obtain authorisation for a proposed activity shall contain or be accompanied by a project brief which shall include a description of the activity; and
(b) formulation of a policy, programme, legislation, physical plan, shall contain or be accompanied by an approved strategic environmental assessment, which strategic environmental assessment shall contain a description of a policy, programme, legislation, development plan or physical plan, as the case may be.
(2) An application made under subsection (1) (a) shall be in the prescribed form and shall be accompanied by such fee as may be prescribed.
(3) Where the competent authority is satisfied that all relevant information is available in the application and that the activity can be carried out without any adverse environmental impact, the competent authority shall authorise the implementation of the activity.
(4) Where the competent authority finds that information provided in the application is insufficient, the competent authority shall require and specify to the applicant the additional information to be provided.
(5) The competent authority may upon receipt of an application under subsection (1) or at its own discretion request the developer to submit an environmental management plan.
(6) Where the competent authority requests for an environmental management plan under subsection (5) the competent authority may request the developer to consult stakeholders.
7. Public participation and scoping exercise
(1) An applicant shall before undertaking or implementing an activity engage a practitioner to do a scoping exercise.
(2) The applicant shall during a scoping exercise -
(a) publicise once the intended activity, its effects and benefits in the mass media using the official languages for a period of not less than 21 days; and
(b) after the expiration of the period of 21 days, ensure that the practitioner referred to under subsection (1) holds meetings with the affected people or communities to explain the nature of the activity and its effects.
(1) Where, upon a consideration of all the information submitted by the applicant, the competent authority decides that an environmental impact assessment is required, the authority shall inform the applicant, in writing, to prepare terms of reference for the environmental impact assessment, which terms of reference shall be in the prescribed form.
(2) An applicant shall, after complying with section 7 and subsection (1) of this section, submit the terms of reference and the results of the scoping exercise to the competent authority.
(3) In considering the terms of reference, the competent authority shall consult with relevant technical departments or local authorities, and may -
(a) conduct such investigation as it considers necessary to ascertain the validity of the scoping exercise; or
(b) request the applicant to provide additional information for a better understanding of the terms of reference.
(4) Where the competent authority is satisfied that the terms of reference will adequately assist in guiding the environmental impact assessment of the proposed activity, the competent authority shall approve the terms of reference within 28 days of receipt of the terms of reference and the scoping report.
(5) An applicant shall prepare the terms of reference for the detailed environmental impact assessment study after the scoping exercise has been undertaken.
(6) Where an applicant requires the services of a practitioner to prepare the terms of reference required in terms of subsection (1), the applicant shall appoint the practitioner at the applicant's own expense.
9. Environmental assessment and statement
(1) Where the competent authority determines that the proposed activity is likely to have a significant adverse environmental impact, it shall require that such activity undergo an environmental impact assessment or a strategic environmental assessment, the costs of which shall be borne by the developer.
(2) An environmental impact assessment shall identify and evaluate the environmental impact of an activity with particular reference to the -
(a) health, safety or quality of life of people;
(b) archaeological, aesthetic, cultural or sanitary conditions of the environment; and
(c) configuration, quality and diversity of natural resources.
(3) Where the competent authority determines that an environmental impact assessment, environmental management plan or a strategic environmental assessment be made under subsection (1), upon being informed in writing about the decision, the developer shall, before undertaking or implementing the activity, engage a practitioner to prepare a statement which shall be submitted by the developer to the competent authority within the period of time prescribed in the approved terms of reference.
(4) The statement prepared under subsection (3) shall be in a form prescribed by the Minister.
(5) A person who contravenes subsection (3) commits an offence and is liable to a fine not exceeding P1 000 000, or to a term of imprisonment not exceeding 15 years, or to both.
