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ENVIRONMENTAL COMPLIANCEMONITORING IN THE EIA PROCESS
Delivered byDr.(Mrs) Ngeri S. Benebo,JP
DG/CEO NESREA
At the workshop on ¶Environmental Impact Assessment (EIA)Review Process·
Chelsea Hotel, Abuja16th ² 17th September 2010
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PRESENTATION OUTLINE
Background Stages of Monitoring
NESREA role in the EIA process
Challenges in EIA Compliance
Monitoring Way forward
Conclusion
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Background (1)
Environmental issues and problems are a global concern and
they impact heavily upon every individual and community in
both rich and poor countries;
Environmental policy and management concerns over the
past three decades have been increasing in scope and
complexity. Regarded as a problem closely linked to
development issues, environment has been the focus of
numerous international conferences beginning with the 1972
Stockholm United Nations Conference on HumanEnvironment;
Concerns about curbing environmental pollution have made
way for a comprehensive linking of development strategies
and activities to environmental management; 4
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Background (II)
The United Nations Conference on Sustainable Development(UNCED) dubbed the Earth Summit in Rio de Janeiro,
Brazil in 1992, is the adoption of Agenda 21, a blueprint of
environmental principles, policies and actions required to be
taken by all countries into the 21st Century. A keysupporting Instrument of Agenda 21 was the Rio Declaration
on the Environment;
set of principles to guide environmental conduct. Principle 17
of the declaration states inter alia, ´Environmental Impact
Assessment, as a national instrument, shall be undertaken
for proposed activities that are likely to have a significant
adverse impact on the environment and are subject to a
decision of a competent national authority.µ 5
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Background (III)
Definitions
Environmental Compliance Monitoring is a process of
oversight designed to determine conformity with
environmental legal mandates, regulations, lease
stipulations and conditions of approval.
Environmental Compliance Monitoring employs a periodic
sampling method, or continuous recording of specific
environmental quality indicators or pollution levels to
ensure project compliance with recommended
environmental protection standards. The Environmental Impact Assessment (EIA) was evolved
globally as a tool for achieving the purpose of
environmental compliance monitoring to achieve
sustainable development;6
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Background (IV) Unlike other environmental laws, EIA is proactive in nature
and meant to prevent, reduce or mitigate negative effects of developmental projects or activities on the environment
before such projects / activities commence;
Prior to the concept of EIA project appraisal was limitedmainly to feasibility studies and economic-cost benefit
analysis which did not take environmental costs, public
opinion, social and environmental impacts of development
project into consideration;
Most developing countries have incorporated EIA into their
national laws as well as pollution control regulations but
lack the monitoring capabilities necessary to enforce them
consistently; 7
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Background (V)
In Nigeria the EIA Act No. 86 was enacted in 1992, intandem with the global trends aimed at safeguarding the
environment from negative impact of human activities;
EIA is mandatory where the proposed projects or activities
are likely to cause significant impacts on the environment; EIA is an important tool for incorporating environmental
concerns at the project level;
EIA is carried out as part of feasibility studies early in the
project planning stage, to ensure that the project is
environmentally feasible;
Without an appropriate environmental compliance
monitoring of the EIA process, ensuring sustainabledevelopment would be rendered ineffective.
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Stages of Monitoring (I)
Baseline Monitoring: a survey conducted on basic environmental
parameters in the area surrounding the proposed project before
construction begins (pre-audit study). Subsequent monitoring can
assess the changes in those parameters over time against the
baseline.Impact Monitoring: the biophysical and socio-economical (including
public health) parameters within the project area measured during
the project construction and operational phases in order to detect
environmental changes, which may have occurred as a result of
project implementation.
Compliance Monitoring: this form of monitoring employs a periodic
sampling method or continuous recording of specific environmental
quality indicators or pollution levels to ensure project compliance
with recommended environmental protection standards. 9
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Stages of Monitoring (II) Environmental monitoring is an essential component of an
EIA. It is normally carried out before and during planning toestablish baseline data needed for environmental assessmentand evaluating environmental impacts during projectimplementation.
It continues through project operation to detect changes in the
key environmental quality parameters, which can be attributedto the project.
The results of the monitoring program are used to evaluate thefollowing:
extent and severity of the environmental impacts againstthe predicted impacts;
performance of the environmental protection measuresor compliance with pertinent laws and regulations;
trends in impacts; and
overall effectiveness of the project EMP.
Environmental monitoring should have clear objectives.10
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Stages of Monitoring (III)
The major output of EIA for a proposed project is the report, whichincludes Environmental Management Plan and the issuance of theEnvironmental Impact Statement (EIS)
Environmental management involves the implementation of environmental protection and mitigation measures and
monitoring of significant environmental impacts.
Environmental protection measures as set out in an EMP, are to:
mitigate environmental impacts;
provide in-kind compensation for lost environmental resources;
or enhance environmental resources.
The EMP also cover a proposal for recommending the proposedproject to use goods and products that are environmentallyfriendly
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Stages of Monitoring (IV)
The environmental monitoring plan describes themonitoring activities to ensure that adverseenvironmental impacts will be minimized, and the EMPimplemented.
The environmental monitoring plan will cover selectedparameters to indicate the level of environmentalimpacts.
It also describes how, when, and where the monitoringactivities will be undertaken; who will carry them out;and who should receive the monitoring report.
More importantly, it includes a proposal to carry out
environmental compliance monitoring activities. 12
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Stages of Monitoring (V)
Since the EIA concept is relatively recent, the use of
environmental audits also play a significant role in evolving
a systematic approach of the application of EIA.
Auditing refers to the examination and assessment of acertain type of performance. In the case of an EIA, an audit
assess the actual environmental impact, the accuracy of
prediction, the effectiveness of environmental impact
mitigation and enhancement measures, as well as thefunctioning of monitoring mechanisms.
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Stages of Monitoring (VI)
The following types of audit are recommended to beimplemented in different phases of the EIA process:
Decision Point Audit examines the effectiveness of EIA as a decision-making tool;
Implementation Audit ensures that approved
conditions have been met;
Performance Audit examines the responses of agencies concerned with project management;
Project Impact Audit examines environmental
changes arising from project implementation; Predictive Technique Audit examines the accuracy
and utility of predictive techniques by comparingactual against predicted environmental effects; and
EIA Procedures Audit critically examines the
methods and approach adopted during the EIA study 14
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Stages of Monitoring VII
Not all the audit types are required to be implemented inevery EIA process. However, at the project approval stage,
both project proponent and authorizing agency should
consider whether the application of a particular audit
technique is likely to result in any new information or animprovement in the management practices.
Particular attention should be given to the project cost-
effectiveness of the proposed audit and to technical
difficulties that are likely to be encountered.
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Stages of Monitoring (VIII)
Environmental auditing should compare monitoring results
with information generated during the pre-project period.
Comparisons can be made with similar projects or againststandard norms.
Relating actual impacts with predicted impacts help in
evaluating the accuracy and adequacy of EIA predictions.
Environmental Audit should be carried out upon the
completion of project construction and after 2 years of project
operation and subsequently in in line with the EIS16
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Stages of Monitoring (IX) Environmental Impact Statements are reports that outline
the predicted environmental effects of a particular action or
project. These statements are often important inenvironmental regulation and litigation.
Environmental Impact Statements (EIS) of a necessary or
projected activity highlights the significant environmental
ramifications of the project, describing alternative actionsand also include where no action is to be taken.
It should among others consider:
the positive and negative environmental effects of the
proposed compliance action.
direct and indirect effects of the project
interference with other activities
energy and resource requirements
preservation of urban, historic and cultural quality
ways to minimize damage17
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Stages of Monitoring (X)
An EIS acts as an enforcement mechanism to ensure thatthe proponent adheres to the goals and policies outlined
in the EIA Act.
An EIS typically has four sections:
1. An Introduction including a statement of the
Purpose and Need of the Proposed Action;
2. A description of the Affected Environment;
3. A Range of Alternatives to the proposed action; Alternatives are considered the "heart" of the EIS;
4. An analysis of the environmental impacts of each
of the possible alternatives;
5. The selection of the preferred alternative. 18
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The New Institutional Mechanism for
Environmental Compliance And Enforcement
In Nigeria (I) In Nigeria, the defunct Federal Environmental Protection
Agency (FEPA) was established in 1988 with the overall
responsibility for biodiversity conservation and
sustainable development of Nigeria·s ecosystem.
In 1999 the Agency was merged with other relevant
Departments in other Ministries to form the Federal
Ministry of Environment. This created a vacuum in the
effective enforcement of environmental laws, standardsand regulations in the country. The environment suffered
greatly from the pollution activities since there was no
appropriate mechanism to enforce the EIA Act;
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The New Institutional Mechanism For
Environmental Compliance Monitoring And
Enforcement (II) The National Environmental Standards and RegulationsEnforcement Agency (NESREA), an Agency of the FederalMinistry of Environment is now the new institutionalmechanism to enforce compliance with laws, guidelines,policies and standards on environmental matters
The NESREA Act specifically mandates her among others,to:
a) ensure that environmental projects funded by Donor
Organisations and External Support Agencies adhered
to regulations in environmental safety and protection;and
b) Conduct environmental audit and establish data bank on
regulatory and enforcement mechanisms of
environmental standards other than in the oil and gas
sector. 20
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The New Institutional Mechanism For
Environmental Compliance Monitoring And
Enforcement (III)
Milestones of NESREA :
In order to effectively carry-out her statutory role, the
Agency has developed five Regulations that have directrequirement for the conduct of EIA and EA;
These regulations have made it mandatory for all
industries to prepare EMP with appropriate guidelines
as well as conduct of Environmental Audit and submit
to the Agency for review and certification of compliance
status.
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NESREA Role In The EIA Process
NESREA role in the EIA process is the monitoring of the elements
of the EIS to ensure compliance with the recommendations.
If it is an old facility where there is no EIS, the Agency mandates
such to produce an Environmental Audit Report which will now
help in following up on the environmental compliance status.
NESREA follows-up by her routine monitoring to ensure that thefacilities comply. Such follow-up programs include:
Monitoring the elements of the EIS;
Ensuring conduction of Environmental Audits (EA) of
facilities;
Ensuring that the EMP is complied with.
NESREA is also to be involved in the EIA process as one of the
major stakeholders in order to assist her in her future compliance
monitoring activities and to offer relevant advice based on her
field experiences.22
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Challenges of Compliance Monitoring of the
EIA Process (I)
Over time NESREA has been facing a lot of challengesin the enforcement of the EIA Act some of which are:
The Agency is not involved in the EIA review process, this
inhibits her from making appropriate input to the
document for the issuance of EIS and for effective follow-
up;
The Federal Ministry of Environment do not forward their
EIS to the Agency resulting into the request for it fromfacilities during routine compliance monitoring activities.
This prevents the enforcement of the provisions of the
EIA Act;
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Challenges of Compliance Monitoring of the EIA Process (II)
Scientifically sound approach to forecasting environmentaleffects in line with current global trends are not used in the
EIA studies;
Impact predictions formulated are not tested, in most cases
resulting in many inaccurate predictions in EIA processes;
The EIA Act is not in tune with current global trends since it
was last reviewed in 1992 considering the dynamism of
environmental issues.
Most Companies do not conduct EIA before embarking on
new projects; Inadequate capacity in the interpretation of environmental
impact and the knowledge of current global trends on new
technology .
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Way Forward
In order to ensure sustainable development in Nigeria through
environmental compliance monitoring and enforcement of theprovisions of the EIA Act, there is need to :
Improve the synergy between the Agency and the FederalMinistry of Environment. This will ensure betterinformation exchange and enhance compliance with the EIA
Act. Ensure that the Federal Ministry of Environment forwards
all EIS to the Agency for monitoring;
Ensure good education and training of environmentalconsultants and monitoring/enforcement officers on current
global trends in new technology to improve the predictabilityof the EIA; and
Review the EIA Act with a view to updating it in line withcurrent global trends since it was reviewed last in 1992.
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Conclusion
There is no gain saying that Nigeria in her quest to join theleague of developed countries, will have many developmental
projects and many construction activities.
It is therefore necessary to ensure sustainable development
in order to mitigate the negative impacts of development
projects on the environment and the health of the citizenry
and avoid the mistakes of the developed countries.
It is important for every stakeholder to cooperate with theFederal Ministry of Environment and NESREA to ensure
that all reported cases without EIA are brought to the
attention of relevant authority towards achieving
sustainable development. 26