The EIA Guidelines describe three levels of assessment: IL1 (no assessment needed); IL2 (some assessment needed); IL3 (full EIA required). The IL2 level, "represents projects believed to have adverse, but not irreversible environmental impacts and mitigation and management measures can be readily designed and incorporated into the project. The EIA process for these projects is similar to that of IL3 projects." EIA Guidelines, sec. 2.1.2(b)
Best Practices in Lieu of EIA:
Who Conducts Screening Detail:
The project developer submits a project brief to the Authority. Min. Order No. 003/2008, Art. 3. "The purpose of a Project Brief, prepared as prescribed by the EIA Regulations, is to provide sufficient information on the project to enable the Authority and Lead Agencies establish whether or not the proposed activities are likely to have significant environmental impacts, and also enable to determine the level of EIA required (screening)." EIA Guidelines, sec. 2.1.1.
Criteria for Screening:
List or appendix of project or activity types
Proposed project or activity may cause significant environmental impact
Criteria for Screening Detail:
The EIA regulations contain an annex listing projects that are subject to EIA. See Annex to Min. Order No. 004/2008. Also, "[w]hen it is necessary and evident that the project might have a negative impact on the environment, Rwanda Environment Management Authority shall have the power to request the project's owner to conduct environmental impact assessment even if it is not listed in the annex." Min. Order No. 004/2008, Art. 4
Who Prepares EIA:
Project Proponent (with or without contractor)
Who Prepares EIA Detail:
Min. Order No. 003/2008, Arts. 4, 5
Who Pays for EIA Detail:
"The environment impact assessment shall be carried out at the expense of the promoter." Organic Law No. 04/2005, Art. 69
EIA Contractor Qualifications:
EIA Contractor Qualification Detail:
The expert (contractor) must be approved by the Authority. Min. Order No.003/2008, Art. 5. An expert is defined as "any physical or moral person that is technically competent, fulfils the requirements of the Environmental Impact Assessment guidelines and is recognized by the Authority to conduct an Environmental Impact Assessment or studies in accordance [with regulations.]" Id., Art. 1(5)
Conflict of Interest Detail:
The selected experts should have no direct or indirect interests in the project. Min. Order No. 003/2008, Art. 5. Note that the language is phrased as a recommendation ("should") and not a mandatory requirement.
Terms of Reference Detail:
"Within 30 days after receipt of the project brief and after its analysis, the Authority shall submit the terms of reference to the developer for the Environmental impact study. The developer may also prepare the terms of reference provided they are approved by the authority before conducting the study." Order 003/2008, Art. 4
Days for Decision Maker Review:
Variable (at least 20 days)
Written Decision Detail:
"The Authority shall communicate its decision to the developer in writing." Min. Order 003/2008, Art. 10.
Expiry of Decision Detail:
The EIA law and regulations do not specify how long a decision is valid.
Financial Assurances or Bond:
Financial Assurances Detail:
Financial assurances are not discussed in the EIA law or regulations.