Projects Requiring EIA: Government projects, Private projects
Abridged Assessments: Yes
Abridged Assessments Detail: "The Departments shall determine or cause to be determined whether any of the undertakings, projects or activities specified in Schedule II require an environmental impact assessment or a limited level environmental study." EIA Regulations, sec. 8 (as amended by EIA (Amendment) Regulations, 2007, sec. 4). A Limited Level Environmental Study "means a study used for the prediction, evaluation, estimation and communication of the possible environmental effects of some proposed projects . . . where it is the opinion of the Department that the project . . . could have some negative impacts on the environment. The terms of reference for a Limited Level Environmental Study can be limited and nature and should not be as comprehensive as that for an EIA." EIA Regulations, sec. 2 (as amended by sec. 2 of EIA (Amendment) Regulations, 2007)
Best Practices in Lieu of EIA: No
Who Conducts Screening: Government
Who Conducts Screening Detail: "The Departments shall determine or cause to be determined whether any of the undertakings, projects or activities specified in Schedule II require an environmental impact assessment or a limited level environmental study." EIA Regulations, sec. 8 (as amended by sec. 4 EIA (Amendment) Regulations). See also sec. 14 (Department has 30 days to conduct screening)
Criteria for Screening: List or appendix of project or activity types, Proposed project or activity may cause significant environmental impact, Possible impact to, or adjacent to, a protected area, Other
Criteria for Screening Detail: "All undertakings, projects, or activities specified in Schedule I shall require an environmental impact assesment." EIA Regulations, sec. 7. An EIA for activities listed in Schedule II are discretionary, and determined by the Departments. EIA Regulations, sec. 8. Schedule III describes guidlines for when Schedule II activities might need envrionmental clearance. EIA Regulations, sec. 9 (as amended by EIA (Amendment) Regulations, 2007, sec. 5) describe categories of projects that do not require an EIA, including educational and health projects and government projects during declared national emergencies. Aside from categories, factors for screening include environmental impacts, economic benefits, and more. EIA Regulations, sec. 26(1) (as amended by EIA (Amendment) Regulations, 2020, sec. 9). See also Environmental Protection Act, sec. 20(1) (EIA required if project may cause significant environmental impact).
Who Prepares EIA: Project Proponent (with or without contractor)
Who Prepares EIA Detail: The developer shall: undertake the necessary study for the preparation of an environmental impact assessment or a limited level environmental study; and submit the environmental impact assessment or a limited level environmental study to the Department by the prescribed date. EIA Regulations sec. 13(3) (as amended by EIA (Amendment) Regulations, 2007, sec. 8); see also EIA Regulations, sec. 17.
Who Pays for EIA: Project Proponents
Who Pays for EIA Detail: EIA Regulations, secs. 13(3); 17 (developer responsible for preparing EIA - implies that developer bears the costs of preparation)
EIA Contractor Qualifications: No
Conflict of Interest: No
Terms of Reference: Yes
Terms of Reference Detail: "Whenever the Department determines that there is a need for an environmental impact assessment on a project, the environmental impact assessment process shall include: the preparation of the terms of reference" EIA Regulations, sec. 6 (as amended by EIA (Amendment) Regulations, 2007, sec. 3). See also, EIA Regulations, secs. 15-17.
Days for Decision Maker Review: 60 days
Automatic Approval: No
Written Decision: Yes
Written Decision Detail: There is no requirement in the Act or regulations, but a written decision is issued in practice.
Authority to Impose Conditions: Yes
Authority to Impose Conditions Detail: "The Department may approve an environmental impact assessment or a limited level environmental study subject to such conditions as may be specified by the Department, including a requirement for the Developer to sign an Environmental Compliance Plan (ECP) that meets the approval of the Committee, containing the conditions specified by the Department, and the payment of an environmental monitoring fee." EIA Regulations, sec. 22A(1) (as amended by EIA (Amendment) Regulations, 2007, sec. 13; EIA (Amendment) Regulations, 2020, sec. 6; EIA (Amendment) (No. 2) Regulations, 2020, sec. 3
Expiry of Decision: Variable
Expiry of Decision Detail: The Act and regulations do not specify how long the environmental clearance is valid.
Financial Assurances or Bond: Sometimes
Financial Assurances or Bond Detail: Section 30 of the EIA Regulations (as amended by EIA (Amendment) Regulations, 2007, sec. 18) ("The Department may, from time to time, make such arrangements as appear appropriate to secure that the developer complies with the terms and conditions of environmental compliance plan under the Regulation made under the principal Act, and in particular may require performance bonds or guarantees at an appropriate level in respect of that compliance.")