Environmental Impact Assessment as a tool for enforcing Environmental Law in the Oil and Gas Industry in Uganda



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ENVIROMENTAL LAW COURSEWORK

3.6 The Wildlife Act No. 14, 1996.Cap 200
S;16 of this statute requires a developer desiring to undertake a project which may have a significant impact on any wildlife species or community to carry out an EIA in accordance with
the National Environment Act50, S;17 of the same Act51 obliges the Uganda Wildlife Authority in consultation with NEMA to carry out audits and monitor such projects that may have an impact on wildlife on this point it should be noted oil reserves are located in the Albertine Rift, along the western border of Uganda and DRC. At the same time the Albertine Rift is well known to be one of the richest biodiversity hotspots in the world in terms of mammals, birds and several other species. At a national level, the Albertine Rift houses seven out of ten national parks52and over 20 forest reserves53. It harbors internationally important numbers of water birds, the Murchison Falls–Alberta Delta Wetland System, which is a Ramseur site, and species of fish54 calling for careful enforcement of Environmental law in the area to preserve the heritage which has partly been done through the EIA.


3.7 The Land Act, 1998.
The Land Act does not expressly deal with EIA but has some provisions that embrace it. It does however, regulate the ownership of land and controls land use. S; 44 obliges any person who owns or occupies land to manage and utilize it in accordance with the Water statute, the National Environment Statute, the Forest Act and any other law. S; 45 entrusts all natural resources to the Government to hold for the benefit of the people. It also prohibits the Government or local authorities from leasing out or otherwise alienating natural resources.
S: 46 of the Act requires that any use of land should conform with Town and Country Planning Act and other laws. An EIA is therefore a useful tool to guarantee that the proposed land use does not contravene any law,
However Exploration and production operations are likely to induce economic, social and cultural changes. The extent of these changes is especially important to local groups, particularly indigenous people who may have their traditional lifestyle affected. The key impacts may include changes in land-use patterns
– such as agriculture, fishing, logging and hunting – as a direct consequence and this is already happening in the Albertine Rift55,an environment officer in Bulisa District stated that the changes in land use are having negative consequences on the livelihoods of people56he stated that the areas where the explosives are used have become a ‘no go’ zone, thus disrupting human and animal activity such as cattle grazing, fishing and cultivation57in areas where substantial amounts of oil have been discovered, there is increasing migration owing to increased access and opportunities, socioeconomic systems that have developed as a result of new employment
opportunities, income differentials, inflation and differences in per capita
In those areas, local community members benefit unevenly from induced changes. Socio-cultural systems such as cultural heritage, practices and beliefs are influenced by foreigners58,indeed, migration to oil-affected localities heightens tribal and cultural consciousness negatively to the incoming migrants, especially where the newcomers are seen to benefit from opportunities at the expense of local people59.
The influx of immigrants in Hoima, due to oil discovery in the area, has not only increased population numbers and boosted demand for local goods and services, but has also apparently heightened tribal and cultural sensitivities and prejudices60.It has also facilitated moral degeneration and promoted socially unacceptable behaviors such as prostitution61Such social habits in turn heighten the risks of contracting HIV/AIDS and other similar diseases.

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