Liberia

Legal Framework

Country:

Liberia

EIA Law:

Environmental Protection and Management Law of Liberia

Law Link:

Link

EIA Guidelines or Other Guidance:

Environmental Impact Assessment Procedural Guidelines 2006

Guidance Link:

Link

EIA Procedure

Projects Requiring EIA:

Government projects

Private Projects

Abridged Assessments:

Yes

Assessment Detail:

"The project proponent or applicant shall prepare an environmental review for project[s] or activities that may have a significant impact on the environment, and shall contain sufficient information to enable the Agency to determine whether a full environmental impact study should be required for the project." EP&M Act, sec. 12

Best Practices in Lieu of EIA:

Who Conducts Screening:

Government

Who Conducts Screening Detail:

The Agency evaluates a project brief to determine whether the applicant must prepare an EIA. EP&M Act, sec. 8(4). See also Annex I (listing projects where EIA is mandatory).

Criteria for Screening:

List or appendix of project or activity types

Proposed project or activity may cause significant environmental impact

Criteria for Screening Detail:

EP&M Law, secs. 6(1), 8; Annex I "Projects/Activities Requiring an Environmental Impact Assessment Mandatory List"

Who Prepares EIA:

Project Proponent (with or without contractor)

Who Prepares EIA Detail:

"For any project requiring the preparation of . . . an environmental impact study . . . the project proponent/applicant shall be responsible for the timely preparation of the required documents in accordance with all procedures and guidelines prescribed by the Agency." EP&M Law, sec. 9(1)(a)

Who Pays for EIA:

Project Proponent

Who Pays for EIA Detail:

"The cost of preparing the required documents shall be borne by the project proponent/applicant. . . ." EP&M Law, sec. 9(1)(b)

EIA Contractor Qualifications:

Yes

EIA Contractor Qualification Detail:

The Agency maintains a registry of approved consultants but there are no details about required qualifications. EP&M Law, sec. 10(2).

Conflict of Interest:

Terms of Reference:

Yes

Terms of Reference Detail:

"If required, an environmental impact study shall be prepared in accordance with the Terms of Reference developed by the applicant or project proponent based on the results of the scoping activities and in consultation with the Agency[.]" EP&M Law, sec. 13

Automatic Approval:

Written Decision:

Yes

Written Decision Detail:

The Agency shall issue by public notice an account of the decision-making process and how the EIA results were used to make the decision. The decision shall be communicated to the project proponent/developer and a copy shall be made available at the Agency's registry for public inspection. EP&M Law, sec. 22

Authority to Impose Conditions:

Yes

Authority to Impose Conditions Details:

The Agency may require the developer to redesign the project or do such other things as necessary, taking into consideration the comments made and all environmental factors. EP&M Law, sec. 21. See also EP&M Law, sec. 23 (EIA license is issued with terms and conditions)

Expiry of Decision:

Indefinite

Financial Assurances or Bond:

Sometimes

Financial Assurances Detail:

The Agency shall create a register of natural resource extractive activities and industrial plants that are subject to refundable performance bonds deposit. Environmental Protection Agency Act, sec. 45

EIA Content

Interdisciplinary Team:

Range of Alternatives:

Yes

Range of Alternatives Detail:

EIS must include a description of the "main alternatives" and the reasons for declining to use those alternatives[.]" EP&M Law, sec. 14(1)(c). See also Guidelines, sec. 3: "[The EIS] will include a broad range of data including information on the developer, schedule, and the detailed description of the project, regulatory framework, and review of alternatives, environmental management plans, socioeconomic factors, environmental impacts, mitigation, monitoring and reclamation."

No Action Alternative:

No Action Alternative Detail:

Not mentioned in the list of required content. See EP&M Law, sec. 14(1).

Type(s) of Impact Analysis:

Direct environmental impacts

Cumulative environmental impacts

Social impacts

Cultural impacts

Health impacts

Economic impacts

Mitigation:

Yes

Mitigation Detail:

"The developer or project proponent shall provide an environmental mitigation plan[.]" EP&M Law, sec. 15. See also Guideline, sec. 2.6 (Mitigation Strategies and Time Frame), and sec. 3.2.9 (Environmental Management Plan (EMP) and Mitigation Measures).

Monitoring Plans:

Yes

Monitoring Plans Detail:

The EIS must incorporate a description of measures for monitoring the anticipated adverse effects of the project. EP&M Law, sec. 14(1)(f). See also EP&M Law, sec. 24 (Environmental Monitoring) and sec. 25 (Environmental Audit).

Access to Information

Public Notice of Draft EIA:

Draft EIA Available:

Draft EIA Locations:

Not available

Public Notice of Final EIA:

Yes

Public Notice of Final EIA Detail:

The Agency shall publish a notice stating the particulars of the project and inviting comments on the EIS from the public EP&M Law, sec. 17

Final EIA Available:

Yes

Final EIA Available Detail:

The EIS is considered a public document and is available for inspection at the registry of the Agency. EP&M Law, sec. 14(3)

Final EIA Locations:

Internet

Agency or ministry office

Fee to View EIA Documents:

Fee to Obtain EIA Documents:

Availability of Reference Studies:

Yes

Availability of Reference Studies Detail:

The Agency shall "make available to the public all documents submitted to the Agency under Part III [EIA process] of this Law . . . ." EP&M Law, sec. 33. To the extent that reference studies are held by the Agency, the public is able to inspect them.

Public Notice of Final Decision:

Yes

Public Notice of Final Decision Detail:

Public Participation

Public Scoping:

Yes

Public Scoping Detail:

Proponent shall conduct public consultations to determine the scope of the issues to be addressed in the EIA. EP&M Law, sec. 11

Public Review of TOR:

Public Review of TOR Detail:

The terms of reference is prepared by the project proponent and must be based on the scoping results, but the public does not have an opportunity to review or provide comments before it is made final. EP&M Law, sec. 13.

Public Participation Opportunities:

Scoping

Terms of reference

Public Meetings and/or public hearings

Review of final EIA

Public Meetings:

Sometimes

Public Meetings Detail::

A public hearing may be held at the discretion of the Agency. The Agency "shall" hold a hearing if five or persons submit a written request or if the Agency determines that controversy about the project makes a hearing necessary. EP&M Law, sec. 18(1)(a).

Public Input at Meeting:

Yes

Public Input at Meeting Detail:

EP&M Law, sec. 18

Criteria to Hold Public Meeting:

Members of the public must request a meeting and/or hearing

The proposed project is controversial

Days for Public to Review Final EIA:

Public Comments on Draft EIA:

Public Comments on Final EIA:

Yes

Public Comments on Final EIA Detail:

The Agency shall publish a notice stating the particulars of the project and inviting comments on the EIS from the public EP&M Law, sec. 17

Response to Public Comments:

Yes

Response to Public Comments Detail:

When considering an application the Agency "shall tak[e] into consideration the suggestions of comments made and all environmental factors." EP&M Law, sec. 21, see also EP&M Law, sec. 22 ("The Agency shall consider . . . all the comments from the public and line ministries before any decision is made.")

Facilitation of Public Participation:

Yes

Facilitation of Public Participation Detail:

Notice shall be broadcast on a popular local station in English and at least one vernacular language relevant to the venue; and disseminated through county environmental committees, NGO's and CGO's.

Judicial Review/Enforcement

Citizen Administrative Review:

Yes

Citizen Administrative Review Detail:

"Any person aggrieved by the decision of the agency to issue or refuse to issue a license . . .may, within 30 days of being informed of that decision, request in writing setting forth the reasons of his request that, the agency reconsider its decision." EP&M Law, sec. 30

Citizen Judicial Review:

Yes

Citizen Judicial Review Detail:

Any person aggrieved by a decision of the Agency (see administrative review) may appeal to the Environmental Court within 15 days of the decision. EP&M Law, sec. 30

Project Monitoring:

Yes

Project Monitoring Detail:

The Agency, in consultation with the relevant ministries, shall monitor mitigation measures and the operations all projects. The operatio of the project shall comply with the environmental mitigation plan. An environmental inspector may enter upon any land. EP&M Law, sec. 24

Enforceability of EIA:

Enforceability of Permit:

Modified: February 21st, 2023