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

Environmental Impact Assessment as a tool for enforcing Environmental Law in the Oil and Gas Industry in Uganda
This paper focuses on the environmental impact assessment as a tool for the enforcing of environmental law in the oil and gas industry in Uganda it discusses the Environmental Impact Assessment, the oil and gas industry and how the legal structure has provided for Environmental Impact assessment to aid it enforce environmental law in the oil and gas industry then outlines the challenges faced and possible recommendations.
1.0 The Environmental Impact Assessment (EIA) process
The third schedule of the National Environment Act, Cap 153, requires environmental impact assessments to be carried out for oil exploration and production activities before implementation, EIAs identify, predict, evaluate and propose mitigation measures for the likely adverse impacts on the environment due to planned activities/projects. The obligation to carry out environmental impact assessments lies with the developers, however the National Environment (Conduct and Certification of Environmental Practitioners) Regulations, 2003 provides for registration and certification of environmental practitioners who carry out environmental impact studies on behalf of developers¹ to ensure that the assessment is made by genuine individuals.
Also the Environment Management Policy recognizes that assessment and evaluation of development activities and land use practices that have impacts on the environment is essential. In this respect, the policy also aims to provide a system of EIA and environmental monitoring so that adverse environmental impacts can be foreseen, eliminated or mitigated. The policy lays down strategies in relation to EIA²
These are, to: create by law an EIA process which requires, as appropriate, EIAs, EIS³s and EA⁴s for all private and public development projects; lodge the EIA oversight function in the National Environment Management Authority (as approved) but leave implementation to the relevant line ministries and departments; and develop EIA capacity/capability in sectoral ministries and departments.
Section 19 of National Environment Act⁵ requires a developer of a project described in the Third Schedule to the Act to submit a project brief to the lead agency, in the prescribed form and give the prescribed information. Under the third schedule, generally an activity out of character with its surrounding; any structure of a scale not in keeping with its surroundings; or major changes in land use are to be subject to EIA.
EIA is required to be undertaken by the developer where the lead agency, in consultation with the Executive Director, is of the view that the project may have an impact on the environment; is likely to have a significant impact on the environment; or will have a significant impact on the environment.⁶
The EIA required above shall be appropriate to the scale and possible effects of the project, and accordingly where the project may have an impact on the environment, an environmental impact review shall be conducted; where the project is likely to have an impact on the environment, an environmental impact evaluation shall be conducted; or where the project will have a significant impact on the environment, an environmental impact study shall be conducted.⁷
Where the lead agency, in consultation with the Authority, is satisfied that an environmental impact review or an environmental impact evaluation conducted as stated above does not disclose possible significant impact on the environment, it may approve the environmental aspects of the project. However, where the lead agency, in consultation with the Authority is satisfied, after considering the environmental impact review or the environmental impact evaluation, that the project will lead to significant impact on the environment, it will require that an environmental impact study be conducted.⁸
According to section 20, where a project has been determined under section 19 as requiring an environmental impact study, the developer is required, after completing the study, to make an Environmental Impact Statement (EIS) in the prescribed form and in the prescribed manner. The EIS is to be made according to guidelines established by the Authority.⁹ EIS is made to the Authority, to the lead agency or any other person requesting it.¹⁰ The lead agency which receives an EIS under section 20 is, in consultation with the Authority, required to study it and if it considers it to be complete shall deal with it in the manner prescribed.¹¹
Figure 3.1¹² shows the elaborate process flow of energy under the Environmental Impact Assessment process;