ENVIRONMENTAL ASSESSMENT REGULATIONS 1999
ARRANGEMENT
OF REGULATIONS
PART
I - ENVIRONMENTAL PERMIT
Regulation
1.
Undertaking requiring
registration and issue of environmental permit
2.
Existing undertakings
3.
Environmental impact assessment
4.
Application for environmental
permit
5.
Initial assessment by screening
of application
6.
Screening report
7.
Registration and issue of
environmental permit
8.
Fees for and publication of grant
of environmental permit
PART II - PRELIMINARY ENVIRONMENTAL REPORT AND
ENVIRONMENTAL IMPACT STATEMENT
9.
Preliminary environmental report
10. Environmental
impact statement
11. Scoping
report
12. Draft
terms of reference
13. Action
on scoping report
14. Matters
to be addressed in environmental impact statement and publication of notice of
environmental impact statement
15. Advertisement
of scoping notice
16. Consideration
and review of environmental impact statement and publication of notices of
environmental impact statement
17. Public
hearing
18. Review
of environmental impact statement after public hearing
19. Finalisation
of environmental impact statement and grant of environmental permit
20. Period
for determination of an application
21. Period
for determination of an application
22. Requirement
for an environmental certificate
23. Funds
for reclamation
24. Environmental
management plan
PART II -
MISCELLANEOUS PROVISIONS
25. Submission
of annual environmental report
26. Suspension,
cancellation or revocation of permit and certificates
27. Complaints
by aggrieved persons
28. Gazette publication
29. Offenses
and penalty
30. Interpretation
Schedules
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
IN
exercise of the powers conferred on the Minister responsible for the
Environment under section 28 of the Environmental Protection Agency Act, 1994
(Act 490) and on the advice of the Environmental Protection Agency Board these
Regulations are made this 18th day of February, 1999.
PART
I - ENVIRONMENTAL PERMIT
Undertakings requiring registration and issue of
environmental permit.
1. (1)
No person shall commence any of the undertakings specified in Schedule 1 to
these Regulations or any undertaking to which a matter in the Schedule relates,
unless prior to the commencement, the undertaking has been registered by the
Agency and an environmental permit has been issued by the Agency in respect of
the undertaking.
(2) No
person shall commence activities in respect of any undertaking which in the
opinion of the Agency has or is likely to have adverse effect on the
environment or public health unless, prior to the commencement, the undertaking
has been registered by the Agency in respect of the undertaking.
Existing undertakings
2. Where the
Agency considers that any undertaking in existence on the date of the coming
into force of the Regulations has or is likely to have adverse effect on the
environment or public health, the Agency shall issue a written notice to the
person responsible to seek registration and obtain an environmental permit in
respect of the undertaking within such time as shall be specified in the
notice.
Environmental impact assessment
3. No
environmental permit shall be issued by the Agency for any of the undertakings
mentioned in Schedule 2 to these Regulations unless there is submitted by the
responsible person to the Agency, an environmental impact assessment in
accordance with these Regulations in respect of the undertaking.
Application for environmental permit
4. (1) A person
required under regulation 1 or 2 to register an undertaking and obtain an
environmental permit shall submit to the Agency an application in such form as
the Agency shall determine.
(2)
There shall be paid for the
application such fee as the Agency shall determine.
(3) In
addition to any information that an applicant is required to provide on
application, the Agency may require an applicant to submit such other
information on the undertaking as the Agency considers necessary for the
initial assessment of the environmental impact of the undertaking.
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
Initial assessment by screening of application
5. (1)
The Agency shall on receipt of an application and any other relevant
information required, as an initial assessment, screen the application taking
into consideration -
(a) the
location, size and likely output of the undertaking;
(b) the
technology intended to be used;
(c) the
concerns of the general public, if any, and in particular concerns of immediate
residents if any;
(d) land
use; and
(e) any
other factors of relevance to the particular undertaking to which the
application relates.
(2) An
applicant shall for the purpose of enabling the Agency determine the level of
environmental assessment of his undertaking, prepare and submit to the Agency a
report on the undertaking indicating in the report -
(a) the
environmental, health and safety impact of the undertaking;
(b) a
clear commitment to avoid any adverse environmental effects which can be avoided
on the implementation of the undertaking;
(c) a
clear commitment to address unavoidable environmental and health impacts and
steps where necessary for their reduction; and
(d) Alternatives
to the establishment of the undertaking.
Screening report
6. After the
screening under regulation 5 the Agency shall issue a screening report on the
application and shall state in the screening report whether the application -
(a) is
approved; or
(b) is
objected to; or
(c) requires
submission of a preliminary environment report; or
(d) requires
the submission of an environmental impact statement.
Registration and issue of environment permit
7. (1) Where the
Agency approves an application at the initial assessment, it shall register the
undertaking, the subject of the application, and issue in respect of the
undertaking an environmental permit.
(2) Where
the Agency on the initial assessment reports that it objects to the application
the report shall constitute a non-acceptance of the application and the
undertaking shall not be commenced or where it is in existence, be
discontinued.
(3) A
determination by the Agency that, an application at the initial assessment, is
approved, objected to, requires the submission of a preliminary environmental report or the
submission of an environmental impact statement, shall be communicated to the
applicant within 25 days from the date of the receipt of the application for an
environmental permit.
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
Fees for and publication of grant of environmental
permit
8. (1) There
shall be paid in respect of each environmental permit such fee as the Agency
shall determine except that where for the purposes of granting the permit an
environmental impact statement is required, the fee for the permit shall be 1%
of the development cost of the proposed undertaking.
(2) The
Agency shall publish in the Gazette
and the mass media and in such form as the Agency shall determine notice of
every environmental permit issued by it within 3 months of the date of issue of
the permit.
PART
II - PRELIMINARY ENVIRONMENTAL REPORT AND ENVRIONMENTAL
IMPACT
STATEMENT
Preliminary environment report
9. (1)
Where the Agency upon consideration of an application decides that there is the
need for a preliminary environmental assessment to be submitted in respect of
the application, the Agency shall request the applicant to submit a preliminary
environmental report on the proposed undertaking.
(2) A
preliminary environmental report submitted under subregulation (1) shall
contain details other than information submitted with the original application
for the environmental permit and shall state specifically the detailed effects
of the proposed undertaking on the environment.
(3) Where
the Agency after consideration of a preliminary environmental report approves
the report, it shall register the undertaking and issue in respect of the
undertaking an environmental permit.
(4) Where
the Agency, upon receipt of a preliminary environmental report, is satisfied
that a significant adverse environmental impact is likely to result from the activities
of the undertaking the applicant shall be asked to submit an environmental
impact statement on the undertaking in order that the environmental impact of
the proposed undertaking can be assessed.
Environmental impact statement
10. (1)
For the purpose of regulation 9(4) the applicant shall submit an environmental
impact statement in respect of the proposed undertaking which shall be outlined
in a scoping report to the Agency.
Scoping report
11. A
scoping report shall set out the scope or extent of the environmental impact
assessment to be carried out by the applicant, and shall include a draft terms
of reference, which shall indicate the essential the essential issues to be
addressed in the environmental impact statement.
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
Draft terms of reference
12. The
draft terms of reference shall stipulate that the environmental impact
statement on the proposed undertaking will deal with matters including the
following -
(a) a
description of the undertaking;
(b) an
analysis of the need for the undertaking;
(c) alternatives
to the undertaking including alternative situations where the undertaking is
not proceeded with;
(d) matters
on site selection including a statement of the reasons for the choice of the
proposed site and whether any other alternative site was considered;
(e) an
identification of existing environmental conditions including social, economic
and other aspects of major environmental concern;
(f) information
on potential, positive and negative impacts of the proposed undertaking from the
environmental, social, economic and cultural aspect in relation to the
different phases of development of the undertaking;
(g) the
potential impact on the health of people;
(h) proposals
to mitigate any potential negative socio-economic, cultural and public health
impacts on the environment;
(i)
proposals to be developed to
monitor predictable environmental impact and proposed mitigating measures;
(j)
contingency plans existing or to
be evolved to address any unpredicted negative environmental impact and
proposed mitigating measures;
(k) consultation
with members of the public likely to be affected by the operations of the
undertaking;
(l)
maps, plans, tables, graphs,
diagrams and other illustrative material that will assist with comprehension of
the contents of the environmental impact statement;
(m) a
provisional environmental management plan;
(n) proposals
for payment of compensation for possible damage to land or property arising
from the operation of the undertaking; and
(o) an
indication whether any area outside Ghana is likely to be affected by the
activities of the undertaking.
Action on scoping report
13. (1)
The Agency shall upon receipt of a scoping report examine it and inform the
applicant within 25 days of the receipt of the report whether it is acceptable
or not acceptable.
(2) Where
a scoping report is accepted by the Agency, it shall inform the applicant to
submit an environmental impact statement based on the scoping report.
(3) Where
a scoping report is not acceptable by the Agency, the applicant shall be
advised by the Agency to revise the report as appropriate and re-submit it if he so desires.
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
Matters to be addressed in environmental statement
14. (1)
In submitting an environmental impact statement pursuant to regulation 13(2),
the applicant shall indicate in the document a clear assessment of the proposed
undertaking on the environment based on the contents of the scoping report.
(2) The
environmental impact statement shall also address possible direct and indirect
impact of the undertaking on the environment at the pre-construction,
construction, operation, decommissioning and post-decommissioning phases
including -
(a) concentrations
of pollutants in environmental media including air water and land from mobile
or fixed sources;
(b) any
direct ecological changes resulting from such pollutant concentrations as they
relate to communities, habitats, flora and fauna;
(c) alteration
in ecological processes such as transfer of energy through food chains,
decomposition and bio-accumulation which could affect any community, habitat or
specie of flora or fauna;
(d) ecological
consequences of direct destruction of existing habitats from activities such as
dumping of waste and vegetation clearance and fillings;
(e) noise
and vibration levels;
(f) odour;
(g) vehicle
traffic generation and potential for increase in road accidents;
(h) changes
in social, cultural and economic patterns relating to -
(i)
decline in existing or potential
use of valued resources arising from matters referred to in paragraphs (a) to
(d) of this sub-regulation.
(ii) direct
or indirect employment generation;
(iii) immigration
and resultant demographic changes;
(iv) provision
of infrastructure such as roads, schools and health facilities;
(v) local
economy;
(vi) cultural
changes including possible conflict arising from immigration and tourism; and
(vii) potential
land use in the area of the proposed undertaking.
(3) An
environmental impact statement shall also include information on the possible
health effect of the undertaking on persons within and around the vicinity of
the proposed undertaking.
(4) An
environmental impact statement for mining and other extractive industry shall
include reclamation plans.
Advertisement of scoping notice
15. (1)
Where an applicant has been asked to submit an environmental impact statement
it shall be the responsibility of the applicant to -
(a) give
notice of the proposed undertaking to the relevant Ministries, government
departments and organisations and the relevant Metropolitan, Municipal or
District Assembly;
(b) advertise
in at least one national newspaper and a newspaper, of any circulating in the
locality where the proposed undertaking is to be situated; and
(c)
make available for
inspection by the general public in the locality of the proposed undertaking,
copies of the scoping report.
(2) The
Form in Schedule 3 of these Regulations shall be used for purpose of the
advertisement required under subregualtion (1).
Considerations and review of environmental impact
statement and publication of notices of environmental impact statement.
16. (1)
The applicant shall submit 12 copies of the environmental impact statement to
the Agency which shall review the environmental impact statement to the Agency
which shall review the environmental impact statement.
(2) The
applicant shall also submit such copies of the environmental impact statement
as the Agency shall direct to sector Ministries, government departments and
organisations of relevance to the undertaking.
(3) The
Agency shall where it receives an environmental impact statement, publish for
21 days a notice which shall be in accordance with the form specified in
Schedule 4, of the environmental impact statement in the mass media and also
post at appropriate places such parts of the environmental impact statement as
it considers necessary.
(4) The
cost of any notices of publication made under subregulation (3) shall be borne
by the applicant.
(5) The general public, relevant public agencies, organisations, NGOs,
Metropolitan, Municipal and District Assemblies and local communities may make
any comments, and suggestions on any matter on which notices are issued under
this regulation.
Public hearing
17. (1) The Agency shall hold a public hearing
in respect of an application where -
(a) upon
a notice issued under regulation 16 there appears to be great adverse public
reaction to the commencement of the proposed undertaking;
(b) the
undertaking will involve the dislocation, relocation or resettlement of
communities; or
(c) the
Agency considers that the undertaking could have extensive and far reaching
effect on the environment.
(2) For
the purpose of conducting a public hearing the Agency shall appoint a panel
composed of not less than three persons and not more than five persons.
(3) At
least a third of the panel members shall be residents of the geographical area
of the proposed undertaking and shall reflect representation of varying opinions,
if any, on the subject of the hearing.
(4) The
chairman of the panel shall be appointed by the Agency from among the members
but shall not be a resident of the locality of the proposed undertaking.
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
(5) The panel shall hear such persons and bodies
that will make submissions to it; shall consider all submissions made to it and
make its recommendations in writing to the Agency within a period of not less
than 15 days from the date it starts hearing representations.
Review of environmental impact statement after
public hearing
18. (1)
A draft environmental impact statement shall be further reviewed by the Agency
after receipt of recommendations following a public hearing.
(2) Where
after review, the draft environmental impact statement is found unacceptable by
the Agency, the applicant shall be notified of this in writing and shall be
required -
(a) to
submit a revised environmental impact statement at a later date; or
(b) to
conduct such further studies as the Agency considers necessary.
Finalisation of environmental impact statement and
grant of environmental permit
19. Where
an environmental impact statement is acceptable to the Agency this shall be
communicated in writing to the applicant and the requisite environmental
permits hall be issued to the applicant upon the submission of 8 hard cover
copies of the approved environmental impact statement and a copy on floppy
diskette.
Period for determination of an application
20.
(1) Subject to the provisions of
these Regulations an application for an environmental permit under these
Regulations shall be finalized and communicated to the applicant by the Agency
within a period of not more than 90 days from the date of receipt of the
completed application form.
(2) Sub-regulation (1) does not apply –
(a)
to an application where public
hearing is required to be held;
(b)
where only a preliminary
environmental report is required by the Agency;
(c)
to the period taken to prepare
and submit an environmental impact statement.
Validity of environmental permit
21. (1) Where an environmental permit is granted
to an applicant, the permit shall be valid for a period of 18 month effective
from the date of the issue of the permit.
(2) Failure to commence operation of the undertaking within the 18 months
as provided under sub-regulation (1) shall render the permit invalid after the
period.
(3) Where an applicant whose permit becomes
invalid under sub-regulation (2) requires a valid permit he shall resubmit an
application to the Agency for approval to which the invalidated permit relates
and provide reasons for the new application.
(4) Upon
consideration of an application under sub-regulation (3) the Agency may decide
–
(a) that
the assessment report already approved be used in respect of the re-
submitted
application; or
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
(b) that
the assessment report be revised in such areas as the Agency shall
direct.
Requirement for an environmental certificate
22. (1) Where an
undertaking in respect of which a preliminary environmental report or an
environmental impact statement is approved commences activities of the
undertaking upon the issue of an environmental permit, the person responsible
shall within 24 months of the date of the commencement of operations obtain an
environmental certificate from the Agency.
(2) An
environmental certificate may be issued subject to such conditions as the
Agency shall determine except that no such certificate shall be issued unless
the person responsible has submitted to the agency evidence or confirmation of –
(a) actual commencement of operations;
(b) acquisition of other permits and approvals
where applicable;
(c) compliance with mitigation
commitments indicated in the environmental impact statement or preliminary
environmental report;
and has
submitted to the Agency its first annual environmental report as required under
regulation 25.
(3)
There shall be paid in respect of an environmental certificate such fee as the
Agency shall determine.
Funds for reclamation
23. An undertaking
in respect of which a reclamation plan is required shall be required to post
reclamation bond based on approved work plan for reclamation.
Environmental management plan
24. (1) The person
responsible for an undertaking in respect of which a preliminary environmental
report or an environmental impact statement has been approved shall submit to
the Agency an environmental management plan in respect of his operations within
18 months of commencement of operations and thereafter every 3 years.
(2)
A person engaged in any of the undertakings mentioned in Schedule 1 which was
in existence before the coming into force of these Regulations shall also
submit an environmental management plan within 18 months from the coming into
force of these Regulations and thereafter every 3 years.
(3)
The environmental management plan shall be a document in such form as shall be
determined by the Agency.
(4) The environmental management plan shall set
out steps that are intended to be taken to manage any significant environmental
impact that may result from the operation of the undertaking.
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
PART III – MISCELLANEOUS PROVISIONS
Submission of annual environmental report
25. (1) A person
granted an environmental permit under these Regulations shall submit an annual
environmental report in respect of his undertaking after 12 months from the
date of commencement of operations and after every 12 months thereafter to the
Agency.
(2)
The annual environmental report shall be in such form and contain such particulars
as the Agency shall direct.
Suspension, cancellation or revocation of permit and certificates
26. (1) The Agency
may suspend, cancel or revoke an environmental permit or certificate issued
under these Regulations where the holder of the permit or certificate –
(a) fails
to obtain any other authorisation required by law in relation to his
undertaking before commencement of operations;
(b) is
in breach of any provision of these Regulations or any other enactment relating
to environmental assessment;
(c) fails
to make any payments required under these Regulations on the due date
(d) acts
in breach of any of the conditions to which his permit or certificate is
subject; or
(e) fails
to comply with mitigation commitments in his assessment report or environmental
management plan.
(2)
The Agency may also suspend an environmental permit or certificate in the event
of occurrence of fundamental changes in the environment due to natural causes
before or during the implementation of the undertaking; and upon such change
the environmental assessment report and the environmental management plan shall
be revised on the basis of the new environmental condition.
Complaints by aggrieved persons.
27. (1) A person
aggrieved by a decision or action of the Agency may submit a complaint in writing
to the Minister.
(2)
The complaint shall be submitted to the Minister within 30 days of the
complainant becoming aware of the decision or action to which the complaint
relates.
(3) The
complaint shall –
(a) state
the issues objected to;
(b) have
attached a copy of the decision objected to; and
(c) have
attached all documents relevant for considering and determining the complaint.
(4) The
Minister shall within 14 days of receipt of a complaint appoint a panel
composed of –
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
(a) representative
each of the following –
(i)
the Ministry of the Environment
not below the rank of a Director;
(ii) the
Attorney-General’s Department not below the rank of a Senior State Attorney;
(iii) the
Ministry with responsibility for the undertaking; and
(b) two
persons with specialisation in the relevant field of the undertaking concerned.
(5)
The Minister shall refer the
complaint to the panel, which shall give a fair hearing to all parties and
determine the issue as it considers appropriate.
(6)
The panel after hearing all parties
may
(a) alter
the decision of the Agency;
(b) request
the Agency to determine the application where applicable within a specified
period;
(c) give
any other directives as it considers just.
(7) A
panel appointed under this regulation shall determine the matter and report to
the Minister within 60 days from the date of reference of any matter by the
Minister to it.
(8) The
proceedings of the panel shall be fully documented together with reasons for
the panel’s decision.
(9) The
panel shall cause copies of the decision and proceedings to be sent to –
(a)
the Agency; and
(b)
the relevant Ministry.
Gazette publication
28.
The Agency shall cause to be
published in the Gazette notification
of any codes of practice, standards, guidelines in connection –
(a) with
matters provided for under these Regulations for the purpose of giving
guidance; and
(b) with
matters relating to the protection, development and rehabilitation of the
environment.
Offences and penalty
29.
Any person who –
(a) commences
an undertaking without an environmental permit issued in respect of the
undertaking contrary to regulation (1);
(b) fails
to comply with directives of the Agency to register an undertaking and obtain
an environmental permit contrary to regulations (2) or 2;
(c) fails
to conduct an environmental impact assessment in respect of an undertaking
specified in Schedule 2 to these Regulations before commencement of the
undertaking or as may be directed by the Agency contrary to regulation 3;
(d) submits
or provides the Agency with information required under any provision of these
Regulations which he knows to be false;
(e) fails
to submit an annual environmental report as required under regulation 25; or
(f) contravenes
any provision of these Regulations.
commits an
offence and is liable on summary conviction to a fine not exceeding ¢2 million
or imprisonment for a term not exceeding one year or to both and in the case of
a continuing offence to a further fine not exceeding ¢200,000 for each day the
offence is continued.
Interpretation
30. (1) In these Regulations unless the context otherwise requires –
“the
Act” means the Environmental Protection Agency Act, 1994 (Act 490);
“adverse effect on the environment or public health”
means any change that an undertaking may cause to the environment and includes
the effect of any change on health, socio-economic and cultural conditions;
“Agency” means the Environmental Protection Agency
established by the Environmental Protection Agency Act, 1994 (Act 490).
“environmental assessment” means the process for the orderly and
systematic identification, prediction and evaluation of-
(a) the likely environmental,
socio-economic, cultural and health effects of an undertaking; and
(b)
the mitigation and management of those effects;
“environmental impact assessment” means the process for the orderly and
systematic evaluation of a proposal including its alternatives and objectives
and its effect on the environment including the mitigation and management of
those effects; the process extends from the initial concept of the proposal
through implementation to completion, and where appropriate, decommissioning;
“environmental impact” includes any direct or indirect, positive or
negative change in the environment caused by man-made works or activity when
such change affects life in general, biodiversity, the quality or a significant
quantity of natural or environmental resources and their use, well being,
health, personal safety, habits and customs, the cultural heritage or
legitimate means of livelihood;
“environmental impact statement” means a document prepared by an
applicant to present the case for the assessment of his proposal as part of the
environmental impact assessment process;
“environmental permit” means an environmental authorisation to commence
a proposed undertaking or continue with the undertaking, issued after
registration of the undertaking or upon submission of a preliminary
environmental report or environmental impact statement;
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
“Minister” means the Minister
responsible for the environment;
“Mitigation” means, in respect of a proposed or existing undertaking
the elimination, reduction or control of the adverse environmental effects of
the undertaking, and includes restitution for any damage to the environment
caused by such effects through replacement, restoration, compensation or any
other means;
“NGOs” means non-governmental
organisations;
“occurrence of fundamental change in the environment” means the
alteration of the environmental profile which was used as the basis of the
environmental impact statement;
“person responsible” has the
same meaning as provided for under the Act;
“preliminary environmental report” means a document containing detailed
information other than information contained in the registration form
especially detailing the effects which the undertaking would have on the
environment as defined in the screening report;
“reclamation bond” means performance bond, mining bond or
rehabilitation bond or funds set aside in a reputable bank agreed upon by the
Agency and the person responsible as a security deposit against default on
reclamation or rehabilitation of disturbed land arising out of the undertaking.
“scoping” means an assessment that is carried out pursuant regulation
11 of these Regulations.
“scoping report” means a
report that summarizes the results of a scoping;
“screen” means the initial assessment of an application for an
environmental permit, including a consideration of the factors set out in
regulation 5 of these Regulations;
Screening report” means a
report that summarizes the results of a screening;
“undertaking” means any enterprise, activity scheme of development,
construction, project, structure, building, work, investment, plan, programme
and any modification, extension, abandonment, demolition, rehabilitation or
decommissioning of such undertaking, the implementation of which may have a
significant impact.
(2) For the purpose of these Regulations the areas specified in Schedule
5 are environmentally sensitive areas.
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
SCHEDULE 1
(Regulation 1(1))
UNDERTAKINGS REQUIRING REGISTRATION AND
ENVIRONMENT PERMIT
AGRICULTURAL
AND RELATED SERVICES
1. AGRICULTURE
Livestock
farms
Community pastures
(a) involving
the clearing of land of greater than 40 hectares in area; or
(b) involving
the clearing of land located in an environmentally sensitive area.
Fruit and other vegetable
farms
Management areas
(a) involving the clearing of
land of greater than 40 hectares in area; or
(b) involving the clearing of
land located in an environmentally sensitive area.
2. FISHING
AND TRAPPING
Fishing –
(a) fish or
shell fish farming in salt water, brackish water or fresh water, where the
proposal includes the construction of shore-based facilities other than
wharves;
(b) permanent
traps or weir fisheries, salt water.
Services incidental to fishing
–
Fish or
shellfish breeding and propagating services, or fish or shellfish hatchery
services, where the proposal includes the construction of shore based
facilities other than wharves.
3. LOGGING
AND FORESTRY
Logging –
Management of forested land for the primary purpose of harvesting timber
in a
contract area.
4. FORESTRY
SERVICES
Forestry
services –
(a) application
of pesticides;
(b) introduction
of exotic species of animals, plants or microbial agents.
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
MINING (INCLUDING MILLING), QUARRYING AND
OIL WELLS
5. MINING
(a) metal
mines;
(b) non-metal mines.
6. CRUDE
OIL AND NATURAL GAS
(a) crude oil
or petroleum production facilities;
(b) natural
gas production facilities.
7. QUARRIES
AND SAND PITS
Stone quarries –
(a) where the
total area is greater than 10 hectares, or
(b) where
any portion is to be located within an environmentally sensitive area.
Sand and gravel pits –
(a) where the
total area is greater than 10 hectares, or
(b) where
any portion is to be located within an environmentally sensitive area.
MANUFACTURING
8. FOOD
Meat and poultry products –
(a) abattoirs;
(b) meat,
fat or oil processing facilities
(c) poultry
processing facilities.
Fish products –
Flours, prepared cereal foods
and feeds –
Feed mills
9. BEVERAGES
(a) distillery
products;
(b) brewery
products;
(c) wines
10. RUBBER PRODUCTS
(a) tyres
and tubes;
(b) rubber hoses and
beltings;
(c) other
rubber products
11. PLASTIC
PRODUCTS
(a) foamed and
expanded plastic products;
(b) plastic
pipes and pipe fittings;
(c) plastic
films and sheetings;
(d) other
plastic products
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
12. LEATHER AND ALLIED PRODUCTS –
Leather and
allied products
Leather
tanneries
13. PRIMARY
TEXTILES –
(a) man-made
fibres and filament yarns;
(b) spun
yarns and woven cloths;
(c) broad
knitted fabrics
14. TEXTILE PRODUCTS
(a) natural
fibres processing and felt products;
(b) carpets, mats and
rugs;
(c) canvas
and related products
(d) other textile
products.
15. WOOD
(a) sawmill,
planing mill and shingle mill products industries;
(b) veneers and plywoods;
(c) other
wood products;
(d) wood preservation
facilities which use hazardous chemicals or similar chemical processes;
(e) particle
board or wafer board production.
16. PAPER AND ALLIED PRODUCTS –
(a) pulp and
paper;
(b) asphalt roofing;
(c) other
converted paper products.
17. PRIMARY
METALS
18. FABRICATED
METAL PRODUCTS
19. TRANSPORTATION
EQUIPMENT
Shipbuilding and repair –
Facilities engaged in building
and repairing all types of ships above 4,000 tonnes
displacement
including marine production platforms for petroleum, natural gas or mineral
resource extraction.
NON-METALLIC MINERAL PRODUCTS
20. REFINED
PETROLEUM PRODUCTS
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
20. CHEMICALS
AND CHEMICAL PRODUCTS –
(a) industrial
chemicals;
(b) agricultural
chemicals;
(c) plastics
and synthetic resins;
(d) paints
and varnishes.
(e) Soaps and
cleaning compounds;
(f) Other chemical
products.
22. OTHER MANUFACTURING
Scientific and Professional
Equipment –
(a) photographic
films and plates manufacturing;
(b) floor
tiles, linoleums and coated fabrics manufacturing;
(c) other
manufactured products.
23. CONSTRUCTION
Industrial
construction (other than building) –
(a) construction
of pipelines for the transmission of oil, natural gas and other related
products from the source to the point of distribution, where –
(i) any
portion of the pipeline is to be located at a distance greater than 500 meters
from an existing right-of-way; or
(ii) any
portion of the pipeline is to be located in an environmentally sensitive area;
(b) diesel
electric power generating plants having a capacity greater than 1 megawatt;
(c) gas turbine
electric power generating plants having a capacity greater than 1 megawatt;
(d) nuclear
electric power generating plants.
24. HIGHWAYS AND HEAVY CONSTRUCTION
(a) roads
(b) waterworks and sewage
system –
(i)
construction of trunk pipelines for transmission of
water from the source to the point of distribution;
(ii) construction of trunk
sewer pipelines;
(iii) construction of trunk sewer
pipeline outfalls.
(c) hydroelectric
power plants and related structures –
(i)
construction of dams and associated reservoirs;
(ii) inter-or intra-basin
water transfers;
(iii) construction of hydroelectric
power developments.
25. UTILITIES
(a) establishment
of waste disposal sites;
(b) establishment of
facilities for the collection or disposal of hazardous waste materials.
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
WHOLESALE TRADE
26. PETROLEUM PRODUCTS
Petroleum products, wholesale
–
Establishment of petroleum
products storage facilities
27. OTHER
PRODUCTS, WHOLESALE
Waste materials,
wholesale –
Establishment of
facilities for the purpose of assembling, breaking up, sorting or
wholesale
trading of scrap, junk or waste material of any type.
28. SERVICES
Economics services
administration –
(a) resource
conservation and management programmes involving introductions of exotic
species of animals or plants for any purpose;
(b) resource
conservation and management programs involving introductions of native species
of animals or plants into ears where those species do not occur at the time of
the proposed introduction;
(c) designation
of land for cottage development or other recreational development.
ACCOMMODATION, FOOD AND BEVERAGE SERVICES
29. ACCOMMODATION SERVICES
Establishment of
recreation and vacation camps.
30. AMUSEMENT AND RECREATIONAL SERVICES
Commercial spectator sports –
(a) establishment
of horse racetrack operations;
(b) establishment
of racetrack operations for motorized vehicles sports and recreation clubs and
services;
(c) establishment
of facilities, including trails,
(d) establishment
of outdoor firearm ranges;
(e) establishment
of marina operations;
(f) establishment
of facilities, including trails, for motorized recreational vehicles;
(g) other
amusement and recreational services.
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
SCHEDULE 2
(Regulation 3)
UNDERTAKINGS FOR WHICH ENVIRONMENTAL
IMPACT ASSESSMENT (EIA) IS MANDATORY
1.
AGRICULTURE -
(a) land
development for agriculture purposes not less than 40 hectares;
(b) agricultural programmes
necessitating the resettlement of 20 families or more.
2.
AIRPORT -
Construction of
all airport or airstrips as well as the enlargement of existing airports or
airstrips.
3. DRAINAGE
AND IRRIGATION –
(a) construction
of dams and man-made lakes;
(b) drainage
of wetland;
(c) irrigation
schemes.
4. LAND
RECLAMATION –
(a) coastal
land reclamation;
(b) dredging
or bars, estuaries.
5.
FISHERIES -
(a) construction
of fishing harbours;
(b) harbour expansion;
(c) land
based aquaculture undertaking.
6. FORESTRY
-
(a) conversion
of hill forest land to other land use;
(b) logging or conversion
of forest land to other land use within the catchment area of reservoirs used
for water supply, irrigation or hydro-power generation or in areas adjacent to
forest, wildlife reserves;
(c) conversion
of wetlands for industrial, housing or agricultural use.
7.
HOUSING -
(a) human
settlement development undertaking;
(b) housing development.
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
8. INDUSTRY
-
(a) chemical –
where production capacity of each product or combined products is greater than
100 tonnes/day;
(b) petrochemicals
– all sizes or raw materials requirements of 100 tonnes/day or greater;
(c) non-ferrous-smelting
–
(i) aluminum
– all sizes;
(ii) copper
– all sizes;
(iii) others
–producing 50 tonnes/day and above product;
(d) Non-metallic
–cement –
lime - 10 tonnes/day and above burnt lime rotary kiln or 50 tonnes/day
and above vertical kiln.
(e) iron and
steel;
(f) shipyards;
(g) pulp
and paper.
9.
INFRASTRUCTURE
(a) construction
of hospitals;
(b) industrial estate
development;
(c) construction
of roads and highways;
(d) construction of new
townships;
(e) construction
of railways.
10. PORTS
(a) construction
of ports;
(b) port expansion
involving an increase of 25 per cent or more in handling capacity per annum.
11. MINING
(a) mining
and processing of minerals in areas where the mining lease covers a total area
in excess of 10 hectares;
(b) quarries –
Proposed quarrying of aggregate, limestone, silica, quartzite, sandstone,
marble and decorative building stone within 3 kilometers radius of any existing
village, residential, commercial or industrial areas, or any area earmarked for
residential, commercial or industrial development;
(c) sand
dredging.
12. PETROLEUM –
(a) oil
and gas fields development;
(b) construction of
off-shore and on-shore pipelines;
(c) construction
of oil and gas separation, processing, handling and storage facilities.
(d) construction of oil
refineries;
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
(a) construction
of product depots for the storage of petrol, gas or diesel which are located
within 3 kilometers of any commercial, industrial or residential areas.
13. POWER GENERATION AND TRANSMISSION
–
(a) construction
of steam generated power stations;
(b) dams and hydroelectric
power schemes;
(c) construction
of combined cycle facilities in national parks;
(d) construction of
nuclear-fueled power stations;
(e) erection
of power transmission lines.
14. RESORT AND RECREATIONAL
DEVELOPMENT-
(a) construction
of coastal resort facilities of hotels with more than 40 rooms;
(b) hill top resort or
hotel development;
(c) development
of tourist or recreational facilities in national parks;
(d) development of tourist
or recreational facilities on islands in surrounding waters.
15. WASTE
TREATMENT AND DISPOSAL –
(a) toxic and
hazardous waste –
(i) construction
of incineration plant;
(ii) construction
of recovery plant (off-site)
(iii) construction
of wastewater treatment plant (off-site);
(iv) construction
of secure landfills facility;
(v) construction
of storage facility (off-site)
(b) municipal solid waste
–
(i)
construction of incineration plant;
(ii) construction of
composing plant;
(iii) construction of
recovery/recycling plant;
(iv) construction of municipal solid
waste landfill facility;
(v) construction of waste
depots.
(c) municipal
sewage –
(i) construction
of wastewater treatment plant;
(ii) construction
of marine outfall;
(iii) night soil treatment.
16. WATER SUPPLY –
(a) construction
of dams impounding reservoirs;
(b) groundwater
development for industrial, agricultural or urban
17. ENVIRONMENTAL
CONSERVATION AND MANAGEMENT
(a) activity to
remove “designated” status from an area designated for wildlife conservation
and management;
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
(a) activities
relating to-
(i) wildlife
conservation and management;
(ii) forest
conservation and management;
(iii) watershed
conservation and management;
(iv) commercial exploitation of fauna and flora.
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
SCHEDULE 3
(Regulation 15 (2))
ENVIRONMENTAL IMPACT ASSESSMENT (EIA)
SCOPING NOTICE
…………………………………………………………….. propose to establish a
(Name of company/organisation)
……………………………….. at……………………………in the ………………
(Project/Undertaking) (Location)
……………………………………. of the ………………………………………...
(District(s) (Region)
Notice of the proposed
…………………………….. is hereby served for public information, as required under the
procedure for the conduct of EIA.
Any person who has an
interest, concern, or special knowledge relating to potential environmental
effects of the proposed understanding, may contact or submit such concerns,
etc. to :
The Managing Director The
Executive Director
A Company Ltd., and Environmental Protection
Agency
P. O. Box A, P.
O. Box M-326
Accra Accra
Tel; Tel:
664697/8
Fax:
662690
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
SCHEDULE 4
(Regulation 16 (3))
ENVIRONMENTAL IMPACT ASSESSMENT
The Environmental Protection
Agency has received an Environmental Impact Statement (EIS) on a proposed
………………….… at ……………………………
Copies of the EIS are available
at the EPA Library, EPA ………………………… Regional Office and ……………………………..
District/Municipal/Metropolitan Assembly.
Any person who has an interest or concern relating to
potential environmental impact of the said undertaking shall within 21 days
from the date of the publication of this notice, submit in writing such
concerns, etc. to:
The Executive Director or
The EPA Regional
Officer
Environmental Protection Agency ………………………………
P. O. Box M-326 ………………………………
Accra ………………………………
Tel: 664697/8
Fax: 662690
Executive Director
ENVIRONMENTAL PROTECTION AGENCY
Date:
ENVIRONMENTAL ASSESSMENT REGULATIONS, 1999
SCHEDULE 5
(Regulation 30 (2))
ENVIRONMENTALLY SENSITIVE AREAS
1.
All areas declared by law as
national parks, watershed reserves, wildlife reserves and sanctuaries including
sacred groves.
2.
Areas with potential tourist
value.
3.
Areas which constitute the
habitat of any endangered or threatened species of indigenous wildlife (flora
and fauna).
4.
Areas of unique historic,
archaeological or scientific interests.
5.
Areas which are traditionally
occupied by cultural communities.
6.
Areas prone to natural disasters
(geological hazards, floods, rainstorms, earthquakes, landslides, volcanic
activity etc.)
7.
Areas prone to bushfires.
8.
Hilly areas with critical slopes.
9.
Areas classified as prime
agricultural lands.
10. Recharge
areas of aquifers.
11. Water
bodies characterized by one or any combination of the following conditions -
a)
water tapped for domestic
purposes;
b)
water within the controlled
and/or protected areas;
c)
water which support wildlife and
fishery activities.
12. Mangrove
areas characterised by one or any combination of the following conditions-
a)
areas with primary pristine and
dense growth;
b)
areas adjoining mouth of major
river system;
c)
areas near or adjacent to
traditional fishing grounds;
d)
areas which act as natural
buffers against shore erosion, strong winds or storm floods.
CLETUS AVOKA
Minister Responsible for the Environment
Date of Gazette notification: 26th February, 1999.
Entry into
force: 24th June, 1999
