1.

The Law of Environmental Impact Assessment

 Introduction
✓ Environmental Impact Assessment (“EIA”) is a management tool to ensure the
implementation of the principle and environmental objective of sustainable
development.
✓ This is evident from the close reading of the preamble of the Ethiopian Law of
EIA, as provided under Proc. No. 299/2003.
✓ Let us examine it, in detail.
 Definition of EIA
✓ An EIA is an assessment of the possible impact-positive or negative-that a
proposed project may have on the natural environment. (Wikipedia)
✓ An EIA is the process of identifying, predicting, evaluating and mitigating
the biophysical, social, and other relevant effects of development proposals
prior to major decisions being taken and comments made. (The
International Association for Impact Assessment)
✓ EIA means a national procedure for evaluating the likely impact of a
proposed activity on the environment. (Article 1(vi) of the Convention on
Environmental Impact Assessment in a Transboundary Context)
✓ Environmental Impact Assessment, according to Article 2(3) of the
Ethiopian Law of EIA, means the methodology of identifying & evaluating
in advance any effect, be it positive or negative, which results from the
implementation of a proposed project or public instrument.
✓ Impact means, according to Article 2(4) of the said EIA Law of Ethiopia,
any change to the environment or to its component that may affect human
health or safety, flora, fauna, soil, air, water, climate natural or cultural
heritage, other physical structure, or in general subsequently alter
environmental, social, economic or cultural conditions;
✓ EIA, therefore, refers to some form of methodology to determine the
likelihood of some environmental impact either positive or negative before
the proposed activity is to be undertaken.
✓ Other definitions refer to the concept of “activity” or “project” or
“development proposals”, whereas the Ethiopian Law of EIA refers not
only to “project” but also to “public instrument”.
✓ This gives us the impression about the possible existence of two types of
EIA.
 Types of EIA
✓ According to the Ethiopian Law of EIA, there are two types of EIA.
✓ These are:
a. Project EIA; and
b. Strategic EIA;
✓ Project, according to Article 2(8) of the Ethiopian Law of EIA, means any
new development activity under any category listed in any directive issued
pursuant to this (EIA) Proclamation, major expansion or alteration or any
existing undertaking, or any resumption of work that had been
discontinued.
 ✓ Project EIA, therefore, refers to this type of activity.
✓ Which type or category of projects are subjected to Project EIA, is to be
determined by EIA Directives or Guidelines to be issued to this effect by
the Ethiopian Environmental Protection Authority.
✓ Public Instrument, according to Article 2(10) cum Article 2(3) of the
Ethiopian Law of EIA, means a policy, a strategy, a law or an
international agreement.
✓ Strategic EIA, therefore, refers to the environmental impact assessment to
be made, before such public documents or instruments going to be
approved or enacted or ratified or agreed.
 Differences between Project & Strategic EIA
✓ Project EIA refers to projects, whereas Strategic EIA refers to public documents
or instruments like policy, strategy, law or international agreements; in other
countries Strategic EIA refers also to policy, plan & program. They call them
the 3 Ps or PPP.
✓ Project EIA may refer to both public & private proponent, whereas Strategic
EIA only refers to public or the government as a proponent.
✓ Project EIA refers to specific proposed physical project at hand, whereas
Strategic EIA refers to strategic documents which may have their own legitimate
impact on the proposed projects.
✓ Strategic EIA focuses on the impact of the environment on the development,
whereas Project EIA focuses on the impact of the proposed Project on the
environment.
✓ Strategic EIA concerns with respect to problems at macro level, whereas Project
EIA concerns about micro level (specific) issues.
 Regulating Project EIA
✓ The one who initiates a Project called, according to Article 2(9) of the Ethiopian
Law of EIA, a “Proponent”.
✓ The Proponent could be a private investor or any organ of the government.
✓ Obligations of the Proponent
• Not commencing implementation of any project that requires
environmental impact assessment; Article 3(1);
• Remaining still liable notwithstanding the environmental organs have
approved the environmental impact assessment study report; Article
3(4); save for the grounds for exemption from liability of the proponent
as provided under Article 3(5);
• Carrying out the environmental impact assessment of a project that is
likely to produce a trans-regional impact; Article 6(1);
• Undertaking an environmental impact assessment; Article 7(1);
• Identifying the likely adverse impacts of his project; Article 7(1);
• Incorporating the means of their(adverse impacts) prevention or
containment; Article 7(1);
• Submitting the environmental impact study report; Article 7(1);
• Ensuring that the environmental impact of the project is conducted & the
environmental impact study report prepared by the experts that meet the
requirements of the EPA; Article 7(2);
 • Covering the cost of the environmental impact study; Article 7(3);
• Fulfilling the terms & conditions of authorization; Article 7(4);
• Fulfilling the contents of the Environmental Impact Study Report; see
Article 8(1) & (2);
• Summarizing the environmental impact study in non-technical terms as
well as indicating the completeness & accuracy of the information given
in the study report; Article 9(1);
• Reviewing or redoing of the environmental impact study, if ordered by
the environmental organs due to the occurrence of new circumstances;
Article 11;
✓ Obligations & Powers of the Federal Environmental Organ: Jurisdiction
• The respective jurisdiction has been provided under Article 14(1); i.e.
• In case where the project is:
a. Subject to licensing, execution or supervision by a federal
agency;(federal project ;) or
b. likely to produce trans-regional impact; see also Article 14(1)
cum Article 6(5) of Proc. No. 295/2002; (level or extent of
impact);
• Establishing a system for environmental impact assessment; Article 6(4)
of Proc. No. 295/2002; cum Article 5 (Projects Requiring Environmental
Impact Assessment);
• Reviewing environmental impact reports of projects which are subject to
federal licensing, execution or supervision or where the projects are likely
to entail inter-regional impacts; Article 6(5) of Proc. No. 295/2002;
• Deciding not to require the concerned proponents to conduct an
environmental impact assessment, in case where the possible impacts of
the project are insignificant; Article 3(2);
• Considering the very conditions for the determination of the impact;
Article 4(1); Items of considerations for the determination are: the size,
location, nature, cumulative effect with other concurrent impacts or
phenomena, trans-regional effect, duration, reversibility or irreversibility
or other related effects of the project;
• Ensuring that the communities likely to be affected in each region have
been consulted & their views incorporated; Article 6(3); see also Article
15(Public Participation) & Article 92(3) of the Federal
Constitution(Environmental Objectives)
• Issuing Guidelines that determine the elements necessary to prepare as
well as to evaluate an environmental impact study report; Article 8(3);
• Approving the project without conditions; Article 9(2)(a);
• Approving the project & issue authorizations with conditions; Article
9(2)(b);
• Refusing implementation of the project; Article 9(2)(c);
• Deciding whether to extend the validity of the report or to order the
revision or the redoing of the environmental impact assessment; Article
10(3)-Validity of Approved EI Study Report;
 • Ordering the environmental impact study to be revised or to be redone,
in case of the occurrence of new circumstances after submission of the
report but before approval; Article 11-Occurrence of New Circumstance;
• Monitoring the implementation of an authorized project in order to
evaluate compliance with all commitments made by, and obligations
imposed on the proponent during authorization; Article 12(1)-
Implementation Monitoring;
• Ordering the proponent to undertake specified rectification measures,
should the proponent fail to implement the authorized project in
compliance with his commitments or assumed obligations; Article 12(2);
Implementation Monitoring;
• Supporting implementation of a project destined to rehabilitate a
degraded environment; Article 16(1)-Incentive;
• Providing any environmental rehabilitation or pollution prevention or
clean up project with financial and technical support to cover additional
costs; Article 16(2);
• Deciding, within 30 days following the receipt of the grievance, on any
grievance submitted to it by any person; Article 17;
• Issuing Directives necessary for the effective implementation of Proc. No.
299/2003; Article 20;
✓ Obligations & Powers of the Regional Environmental Organs: Jurisdiction
• The respective jurisdiction has been provided under Article 14(2); i.e.
• In case where the project:
a. Is not subject to licensing, execution or supervision by a federal
agency; or
b. Is unlikely to produce trans-regional impact;
• Deciding not to require the concerned proponents to conduct an
environmental impact assessment, in case where the possible impacts of
the project are insignificant; Article 3(2);
• Considering the very conditions for the determination of the impact;
Article 4(1);
• Ensuring the submission of the environmental impact study report of the
project to the EPA, where a project with likely trans-regional impact;
Article 6(2);
• Approving the project without conditions; Article 9(2)(a);
• Approving the project & issue authorizations with conditions; Article
9(2)(b);
• Refusing implementation of the project; Article 9(2)(c);
• Deciding whether to extend the validity of the report or to order the
revision or the redoing of the environmental impact assessment; Article
10(3)-Validity of Approved EI Study Report;
• Ordering the environmental impact study to be revised or to be redone,
in case of the occurrence of new circumstances after submission of the
report but before approval; Article 11-Occurrence of New Circumstance;
 •Monitoring the implementation of an authorized project in order to
evaluate compliance with all commitments made by, and obligations
imposed on the proponent during authorization; Article 12(1);
Implementation Monitoring
• Ordering the proponent to undertake specified rectification measures,
should the proponent fail to implement the authorized project in
compliance with his commitments or assumed obligations; Article 12(2);
Implementation Monitoring;
• Supporting implementation of a project destined to rehabilitate a
degraded environment; Article 16(1)-Incentive;
• Providing any environmental rehabilitation or pollution prevention or
clean up project with financial and technical support to cover additional
costs; Article 16(2);
• Deciding, within 30 days following the receipt of the grievance, on any
grievance submitted to it by any person; Article 17;
✓ Obligations of the Licensing Agency-Article 2(5):
• Licensing Agency, according to Article 2(5) of the EIA Law, means, any
organ of the government empowered by law to issue an investment
permit or a trade or operating license or a work permit or to register a
business organization, as the case may be.
• The obligations of the Licensing Agency are of the following:
✓ Ensuring, prior to issuing an investment permit or a trade or an
operating license for any project, that the appropriate
environmental organ has authorized the implementation of the
project; Article 3(3);
✓ Suspending or canceling any authorization to implement a
project; Article 12(3)cum Article 12(2)- Implementation
Monitoring;
✓ Suspending or canceling the license it may have issued in favor
of the project; Article 12(3) cum Article 12(2);- Implementation
Monitoring;
✓ EIA Procedure or Process
• There is no provision in the EIA Proc. which provide the legal regulation
of the procedure or the process of EIA.
• This might be the province of the subsequent relevant regulations or
guidelines in respect thereof.
• According to the draft EIA system in Ethiopia, the following documents
have been established to institute the system in Ethiopia.
• These documents are:
a. The EIA Procedural Guideline; and
b. The Sectoral EIA Guidelines;
• The Procedural Guideline is applicable to all sectors.
• Whereas, the Sectoral Guidelines are only applicable to their respective
sectors (like industry, agriculture, infrastructure, mining or other specific
sectors).
• Sectoral EIA Guideline, if prepared & released, with respect to the
industry is relevant to the students of the field of Chemical Engineering.
• The Procedural Guideline has identified the following steps or processes.
• These are the following:
a. Screening;
b. Scoping;
c. Study;
d. Review;
e. Monitoring; and
f. Auditing;
• Screening Phase
o Screening will be undertaken to decide which projects should be
subject to environmental impact assessment.
o Criteria used, in this determination, include
a. Size of the project;
b. Nature of the project; and
c. Sensitivity of the project to the environment;
o Screening will be undertaken by the competent environmental
organ.
o Screening will be done by reviewing the Initial Environmental
Impact Statement of the proposed project.
• Scoping Phase
o Scoping is the stage at which the TOR for the impact assessment is to
be determined or key issues to be defined.
o The TOR is to be approved by the competent environmental organ.
o These key issues have to be included in the process of environmental
assessment.
o The purpose of this process is to focus the environmental impact
assessment on a limited number of environmental issues & to identify
these issues through proactive public consultation
o Public consultation ensures that a wide number of stakeholders are to
be involved.
• Study Phase
o The environmental impact study has to be done by the project
proponent.
o The cost of this study is to be borne by the proponent.
• Review Phase
o Review of the environmental impact study (EIS) has to undertaken by
the competent environmental organ.
o This could be the federal EPA or the regional Environmental
Agencies.
• Monitoring Phase
o The purpose of monitoring is to serve as a mechanism to check that
any conditions imposed on the project are being enforced or to check
the quality of the affected environment.
o Monitoring has to be undertaken by the project proponent itself.
 o The competent environmental organ may also involve in such process,
as necessary.
• Auditing Phase
o Auditing is used to test the scientific accuracy of impact predictions &
as a check on environmental management practices.
o It is expected that both the project proponent & the competent
environmental organ to actively participate in this environmental
audit process.
✓ Rights of the Proponent
• The right to the assessment of the project only based on the legal
considerations to determine the impact; Article 4(1);
• The right not to undertake environmental impact assessment study for
the project whose impact on the environment is insignificant; or not likely
to have negative impacts; Article 3(2) cum Article 5(2)(a);
• The right to challenge the expiry of the validity of the approved
environmental impact study report; Article 10(2) cum Article 10(1);
• The right to submit a grievance notice to the head of the appropriate
environmental organ; Article 17(1);
✓ Privileges of the Proponent
• Securing support, for the implementation of a project destined to
rehabilitate a degraded environment, from the appropriate
environmental protection organs; Article 16(1);
• Securing financial and technical support to cover additional costs from
the appropriate environmental protection organs; Article 16(2);
 Regulating Strategic EIA
✓ Definition
✓ There is no any clear legal definition provided in the EIA Proc. with respect to
the concept of “strategic environmental impact assessment.”
✓ The only legislative clue to that effect i.e. to the incorporation of the concept of
“strategic environmental assessment” is the definition given to “Public
Instrument” under Article 2(10) & the inclusion of “public instrument” within
the definition of environmental impact assessment under Article 2(3).
✓ Strategic Environmental Assessment (SEA) is a system of incorporating
environmental considerations in to policies, plans & programs. (Wikipedia)
✓ Strategic Environmental Assessment, according to the Guidelines on SEA
(Ethiopia), means a macro-planning tool that identifies the opportunities &
constraints that the environment provides for the development process.
✓ SEA means the evaluation of the likely environmental, including health, effects,
which comprises the determination of the scope of an environmental report & its
preparation, the carrying out of public participation & consultations, and the
taking into account of the environmental report and the results of the public
participation & consultations in a plan or program. (Article 2(6) of the Protocol
On Strategic Environmental Assessment to the Convention On Environmental
Impact Assessment in a Transboudary Context).
✓ SEA, according to some specialist in the World Bank, is a tool for including
environmental considerations into policies, plans, and programs at the earliest
 stages of decision-making. SEA extends the application of environmental
assessments from projects to policies, programs, and plans. SEA is participatory,
giving voice to those affected by policy, programs, and plans.
 Features of Strategic EIA
✓ The following are some of basic features of SEA.
✓ According to the Ethiopian Guideline on Strategic Environmental Assessment
(see pp 8-10), the following basic features or characteristics are identified.
✓ These are:
• Context-specific;
o The process for a SEA should be informed by the context (e.g. the
political, institutional, social and biophysical environment) in which
the plan or programme is being developed.
o The focus is on the identification of key elements for SEA, to be
integrated in to context-specific processes for plan & programme
formulation (e.g. processes for the formulation of integrated
Development Plans).
o SEA is, therefore, adapted to local requirements for decision making.
o The aim is not to develop a new & separate process for SEA.
However, the key elements may also be used as a guide in developing a
separate SEA process if the context requires this.
o Such an approach also allows for flexibility in developing tailor-made
SEA procedures, which respond to local conditions.
• Integrative;
o The integrative approach to SEA aims to avoid the duplication of
processes.
o The focus is on adding value to existing procedures & minimizing the
need for additional human & financial resources.
o Therefore, it is not proposed that there be a single SEA process to be
applied in all circumstances; but rather that there be principles & key
elements that should be integrated in to current procedures for the
formulation of policies, plans & programmes.
o This integration should assist in moving towards sustainability at the
strategic level.
• Sustainability-led;
o A sustainability-led approach to SEA goes beyond the extension of
project-specific EIA procedures to the plan & programme level.
o It provides for the inclusion of the concept of sustainability in to plan
& programme formulation.
o SEA strives for continuous learning & improvement.
o This means that lessons learnt from one SEA should be captured, and
incorporated in to other SEA processes to improve their effectiveness.
o Through implementing an integrative & sustainability-led SEA,
objectives for sustainability are defined & strategies to achieve them
are implemented & monitored.
o These objectives & strategies are updated as more information about
development processes & the environment is obtained.
 •The concept of sustainability relates to the maintenance of &
enhancement of environmental, social and economic resources, in order
to meet the needs of current & future generations.
• The three components of sustainability are:
✓ Environmental sustainability;
✓ Social sustainability;
✓ Economic sustainability;
✓ According to the World Bank, the SEA has the following characteristics.
✓ These are:
• Integrative;
o A good SEA addresses the interrelationships of biophysical, social,
and economic aspects and is tiered to policies, programs and plans
in both the environmental field and other relevant sectors &
regions.
• Sustainability-led;
o The SEA identifies the available sustainable development options &
proposals.
• Focused;
o The SEA concentrates on key issues and provides reliable, useful
information for planning & decision-making.
• Accountable;
o The leading agencies take responsibility for the SEA & make sure the
process is professional and fair and is subject to independent checks
and verification.
o How decisions are made is clearly documented.
• Participative;
o Throughout the process of SEA public & government stakeholders
are involved and informed, and their concerns are documented and
factored into decision-making.
o The goal is to provide a forum for discussion and, if possible, to
ultimately build consensus among stakeholders.
• Iterative;
o The assessment information is available early enough to influence
decision-making & guide future choices.
• Influential;
o SEA improves the strategic decision and its implementation and
influences future policies by raising awareness and changing attitudes
toward sustainable development.
 Procedure or Process for SEA
✓ The EIA Law itself does not contain procedures to follow with respect to SEA.
✓ The said Law, instead, relegated that assignment to the possible Guideline to be
issued by the EPA.
✓ According to Article 13(2) of the EIA Law, therefore, the EPA is authorized to
issue guideline to determine the category of public instruments which are likely
to entail significant environmental impact and the procedure of their impact
assessment.
 ✓ To this effect, the EPA has prepared & issued Guideline on Strategic
Environmental Assessment.
✓ According to this Guideline, the following steps or procedures have been
identified.
✓ These are:
• Identifying broad plan & programme alternatives;
• Screening;
• Scoping;
• Situation Assessment;
• Formulating sustainability parameters for the development of the plan or
programme;
• Developing & assessing alternative plans and pogrammes;
• Decision-making;
• Developing a plan for implementation, monitoring and auditing; and
• Implementation;
✓ The Guidelines, however, do not identify the possible public instruments (in
terms of policy, strategy, law or international agreement) which will be
subjected to the SEA process or otherwise.
 Obligations of the EPA
➢ Issuing guidelines to determine the category of public instruments which are
likely to entail significant environmental impact; Art. 13(2);
➢ Issuing the procedure for their (i.e. public instruments) assessment; Art.
13(2);
➢ NB: Please, consider the Guidelines issued by EPA.
 Obligations of the Government Institutions
➢ Ensuring the conduct of the strategic environmental impact assessment; Art.
13(3);
➢ Collaborating with EPA in the process of evaluation of the (strategic) impact
assessment; Art. 13(4);
 2. The Law of Environmental Pollution Control

 Introduction
➢ The very purpose of the law of environmental pollution control is to realize the
constitutional environmental objective of a healthy & clean environment.
➢ The specific cross- sectoral law to that effect is Proc. No. 300/2002.
 Definition
➢ According to Article 2(12), pollution means any condition which is hazardous or
potentially hazardous to human health, safety, or welfare or to living things
created by altering any physical, radioactive, thermal, chemical, biological or
other property of any part of the environment in contravention of any condition,
limitation or restriction made under this Proclamation or under any other
relevant law.
➢ Pollution means contamination of earth’s environment with materials that
interfere with human health, the quality of life, or the natural functioning of the
ecosystems (living organisms & their physical surroundings).
➢ Pollution is the introduction of contaminants in to an environment that causes
instability, disorder, harm or discomfort to the ecosystem i.e. physical systems or
living organism. (Wikipedia)
➢ Pollution could be point source (like sewage pipeline or industrial smokestacks)
or non-point source (like contaminated water run-off from urban areas or
automobile emissions).
➢ Pollutant, according to Article 2(11) of Proc. No. 300/2002, means any substance
whether liquid, solid or gas which directly or indirectly:
a. Alters the quality of any part of the receiving environment so as to affect
its beneficial use adversely; or
b. Produces toxic substances, diseases, objectionable odour, radioactivity,
noise, vibration, heat, or any other phenomenon that is hazardous or
potentially hazardous to human health or to other living things;
➢ Pollutants could be biodegradable or non-degradable.
➢ Pollutants may be released in to the environment in the gaseous, liquid or solid
form.
 Causes of Pollution
➢ The cause for pollution may be nature itself (like due to volcanic eruption or
natural radiation…) or human activity.
➢ Mostly we focus on human-caused pollution.
✓ Industrial sources;
✓ Agricultural sources;
✓ Mining sources;
✓ Domestic & commercial sources;
✓ Transportation/combustion sources;
 ✓ Construction sources;
✓ Warfare-caused pollution;
✓ Other sources;
 Types of Pollution
➢ The classification of pollution could be based on the effect of pollution on the
receiving medium, based on the pollutant itself or otherwise.
➢ The following are some of the well known types of pollution.
✓ Air pollution; It is the release of chemicals & particulates in to the
atmosphere. Common gaseous air pollutants include carbon monoxide,
sulfur dioxide, chlorofluorocarbons (CFCs) and nitrogen oxides produced
by industry & motor vehicles. Photochemical ozone & smog are created as
nitrogen oxides & hydrocarbons react to sunlight.
✓ Water pollution; Results by the release of waste products & contaminants
in to surface runoff in to river drainage systems, leaching in to
groundwater, liquid spills, waste water discharges, eutrophication &
littering.
✓ Soil pollution/contamination; It occurs when chemicals are released by spill
or underground leakage. Among the most significant soil contaminants are
hydrocarbons, heavy metals, MTBE, herbicides and chlorinated
hydrocarbon.
✓ Radioactive contamination; Results from 20th century activities in atomic
physics, such as nuclear power generation and nuclear weapons research,
manufacture & deployment.
✓ Noise pollution; It encompasses roadway noise, aircraft noise, industrial
noise as well as high intensity sonar.
✓ Light pollution; It includes light trespass, over illumination and
astronomical interference.
✓ Visual pollution; It can refer to the presence of overhead power lines,
motorway billboards, and scarred landforms (as from strip mining), open
storage of trash or municipal solid waste.
✓ Thermal pollution; It is a temperature change in natural water bodies
caused by human influence, such as use of water as coolant in a power
plant.
 Effects of Pollution
➢ The effects of pollution may be immediate (such as the death of marine plants &
wildlife after an oil spill at sea) or delayed or latent (like the effect of
accumulation of the substance of DDT (non-degradable substance) on birds.
➢ The effects of pollution may be seen in terms of its:
✓ Impact on health;
✓ Economic impact;
✓ Social implications;
✓ Impact on the natural resources/the environment;
➢ The health effect is on human. It is addressed through general public health &
occupational health & safety.
➢ The economic effect of pollution is expressed in terms of covering the cost of
clean up & prevention. NB: Cost of reduction of the effect of pollution in the US,
 for example, in 1993 totaled $ 109 Billion: i.e. $ 105.4 Billion on reduction, $ 1. 9
Billion on regulation $ 1. 7 Billion on research & development.
➢ The social implications of pollution are reflected in terms of the low level of
protection by low income social groups & minorities comparing to high income
population. This is also be related to the issue of environmental racism at the
international level.
➢ The environmental impact or effect of pollution may be seen in terms of its effect
on the receiving environment & the natural resources.
 Obligations of Persons/Proprietor
➢ Not polluting or causing other persons to pollute the environment; Article 3(1);
➢ Not violating the relevant environmental standards; Article 3(1);
➢ Installing a sound technology that avoids or reduces, to the required minimum,
the generation of waste, and, when feasible, applying methods for the recycling
of waste; Article 3(3); this is related to the concept of waste hierarchy & cleaner
production.
➢ Waste Hierarchy
✓ The waste hierarchy refers to the 3Rs of reduce, reuse & recycle, which
classify waste management strategies according to their desirability.
✓ The 3Rs are meant to be a hierarchy, in order of importance.
✓ The waste hierarchy has taken many forms over the past decade, but the
basic concept has remained the cornerstone of most waste minimization
strategies.
✓ The aim of the waste hierarchy is to extract the maximum practical benefits
from products & to generate the minimum amount of waste.
✓ The full picture of waste hierarchy includes, in its order of importance,
prevention, minimization, reuse, recycling, energy recovery & disposal.
➢ Cleaner Production
✓ Cleaner production is a preventive, company-specific environmental
protection initiative.
✓ It is intended to minimize waste & emissions and maximize product output.
✓ By analyzing the flow of materials & energy in a company, one tries to
identify options to minimize waste and emissions out of industrial processes
through source reduction strategies.
✓ Improvements of organization & technology help to reduce or suggest better
choices in use of materials & energy, and to avoid waste, waste generation,
and gaseous emissions, and also waste heat & noise.
➢ Cleaning up the environment or paying the cost of cleaning up the polluted
environment; Article 3(4);
➢ Not generating, keeping, storing, transporting, treating or disposing of any
hazardous waste without a permit; Article 4(1);
➢ Taking appropriate precaution to prevent any damage to the environment or to
human health or well being; Article 4(2) cum Article 4(1);
➢ Ensuring the (hazardous or restricted chemical) registration, packing &
labeling as per the applicable standard; Article 4(5);
 ➢ Ensuring the collection, transportation, and, as appropriate, recycling,
treatment or safe disposal of municipal waste (by all urban administrations)
Article 5(1);
➢ Instituting an integrated municipal waste management systems; Article 5(1);
➢ Ensuring (for purposes of maintenance of premises) that adequate & suitable
toilets & containers & other required facilities are provided for the disposal of
(municipal) waste; Article 5(3);
 Rights of Persons/Proprietor
➢ Having an administrative review right to appeal against the decision of the
Environmental Inspectorate; Article 9(1);
➢ Having the right to lodge a complaint to the relevant environmental protection
organs; Article 11(1);
➢ Having a (judicial review) right to institute a court case against the
administrative decision of the relevant environmental protection organ; Article
11(2);
➢ Having the right to be present or to send his representative whenever a sample is
to be taken; Article 8(5);
➢ Having the right to be informed (except in case of Article 8(6)) about the taking
of a sample; Article 8(5);
 Privileges of Persons/Proprietor
➢ Being exempt from payment of custom duty with respect to importation of new
equipment destined to control pollution; Article 10(2);
➢ This shows the clear adoption of an economic policy instrument for the
implementation of the conservation strategy & environmental policy of Ethiopia.
 Power & Obligations of the EPA
➢ Taking an administrative or a legal measure against a person who release
pollutant to the environment; Article 3(2);
➢ Taking any necessary measure up to the closure or relocation of any enterprise
in order to prevent (environmental) harm; Article 3(5)
➢ Granting permit in case of generation, keeping...of Hazardous Waste… Article
4(1);
➢ Granting permit for importation, preparation, keeping, distribution, storage,
transportation or use of chemical categorized as hazardous or restricted
chemicals; Article 4(4)
➢ Monitoring & evaluating the adequacy of municipal waste management systems
& ensuring the effectiveness of same; Article 5(2);
➢ Monitoring the situation with regard to the availability of (municipal) waste
disposal facilities & in taking the necessary measures to ensure that the
availability of facilities is satisfactory; Article 5(4);
➢ Setting or formulating practicable environmental standards based on scientific
& environmental principles; Article 6(1);
➢ Ensuring compliance with environmental standards; Article 6(7) of Proc. No.
295/2002;
➢ Prescribing different environmental standards for different areas as it may find
it necessary; Article 6(3);
 ➢ Authorizing the waiver of the duty to comply with some environmental
standards; Article 6(5);
➢ Proposing incentives or disincentives to discourage practices that may
hamper…or the prevention of environmental degradation or pollution; Article
6(12) of Proc. No. 295/2002; see also Article 10 of Proc. No. 300/2002;
➢ Entering to any land, premise or any other place that falls under the federal
jurisdiction (i.e. through the Environmental Inspectorate, as provided under
Article 8(Powers & Duties of the Environmental Inspectorate) of Proc. No.
300/2002; Article 6(15) of Proc. No. 295/2002;
➢ Inspecting any thing & taking samples as deemed necessary; (i.e. through the
Environmental Inspectorate, as provided under Article 8 of Proc. No. 300/2002)
Article 6(15) of Proc. No. 295/2002;
 Power & Obligations of Regional Environmental Organs
➢ Taking an administrative or a legal measure against a person who release
pollutant to the environment; Article 3(2);
➢ Taking any necessary measure up to the closure or relocation of any enterprise
in order to prevent (environmental) harm; Article 3(5)
➢ Granting permit in case of generation, keeping… of Hazardous Waste… Article
4(1);
➢ Granting permit for importation, preparation, keeping, distribution, storage,
transportation or use of chemical categorized as hazardous or restricted
chemicals; Article 4(4);
➢ Collaborating(with EPA) in the process of monitoring & evaluating the
adequacy of municipal waste management systems & ensuring the effectiveness
of same; Article 5(2);
➢ Collaborating (with EPA) in the process of monitoring the situation with regard
to the availability of (municipal) waste disposal facilities & in taking the
necessary measures to ensure that the availability of facilities is satisfactory;
Article 5(4);
➢ Adopting environmental standards that are more stringent than those
determined at the federal level; Article 6(4);
➢ Not adopting environmental standards which are less rigorous than those
determined at the federal level; Article 6(4);

➢ Power and/or Obligations of Other Relevant Government Institutions

➢ Granting permit for importation, mining, processing, keeping, distribution,
storage, transportation or use of radioactive substances; Article 4(3);
➢ Collaborating (with EPA) in the process of monitoring the situation with regard
to the availability of (municipal) waste disposal facilities & in taking the
necessary measures to ensure that the availability of facilities is satisfactory;
Article 5(4);
➢ Consulting (with EPA) in the process of formulating practicable environmental
standards based on scientific & environmental principles; Article 6(1);
 ➢ Consulting (with EPA) in the process of ensuring compliance with
environmental standards; Article 6(7) of Proc. No. 295/2002;
➢ Consulting (with EPA) in the process of preparing proposals with regards to
incentives or disincentives to discourage practices that may hamper…or the
prevention of environmental degradation or pollution; Article 6(12) of Proc. No.
295/2002;
 Environmental Standards
➢ Proc. No. 300/2002 provides certain legal framework with respect to
environmental standards.
➢ The EPA is legally empowered, indeed, in consultation with the appropriate
government institutions, to formulate, and set environmental standards.
➢ In doing so the EPA is duty bound to observe scientific & environmental
principles.
➢ The following, according to Article 6(1), are some of the specific areas that the
EPA is empowered to set environmental standards.
➢ These are:
✓ Standards for the discharge of effluents into water bodies & sewage
system; Article 6(1)(a);
✓ NB: Please, see also the Addis Ababa Water Supply & Sewerage Services
Regulations No. 31/2002, which has already determined the effluent
standard at the point of the sewerage system;
✓ Air quality standards(i.e. for ambient & level of emission) Article 6(1)(b);
✓ Standards for the types & amounts of substances that can be applied to
the soil or be disposed of on or in it; Article 6(1)(c);
✓ Standards for noise; Article 6(1)(d);
➢ The Environmental Standards are currently in preparation by EPA.
➢ The Environmental Council is the body which has a legal mandate to review &
approve the (draft) environmental standards. See Article 9(3) of Proc. No.
295/2002;
➢ Environmental laboratories are essential pre-requisites for the proper
implementation of environmental standards and problems related to
environmental pollution.
➢ Environmental protection organs are required to establish an environmental
laboratory.
 Environmental Inspectorate
➢ Environmental protection organs shall have, in their respective jurisdiction, an
Environmental Inspectorate.
➢ Environmental Inspectorate shall have the following legal obligations to observe:
✓ Exercising due diligence & impartiality in the discharge of their powers &
duties; Article 7(2);
✓ Having an identity card; Article 8(4);
✓ Showing the identity card when requested; Article 8(4);
➢ The very purpose of the Environmental Inspectorate (EI) is to ensure
compliance with environmental standards & related requirements.
➢ Power & Duties of the EI
➢ The following are their detail legal powers & duties:
 ✓ Entering in to any land or premise at any time which seems appropriate
to them without prior notice or court order; Article 8(1)(b);
✓ Questioning any person alone or in the presence of witnesses; Article
8(1)(c);
✓ Checking, copying or extracting any paper, file or any other document
related to pollution; Article 8(1)(d);
✓ Taking, free of charge, samples of any material as required & carrying
out or causing to be carried out tests to determine whether or not it
causes harm to the environment or to life; Article 8(1)(e);
✓ Taking photographs, measuring, drawing, or examining any commodity,
process or facility in order to ensure compliance with the Proc. No.
300/2002& with any relevant law; Article 8(1)(f);
✓ Seizing any equipment or any other object which is believed to have been
used in the commission of an offence under the Pollution Control Proc. or
any other relevant law; Article 8(1)(g);
✓ Specifying the matter (in case of contravention of a law by a person)
constituting the contravention; Article 8(2);
✓ Specifying the measures that shall be taken to remedy the contravention
within a given period of time; Article 8(2);
✓ Ordering (in case of suspicion) the taking of corrective measures up to the
immediate cessation of the activity; Article 8(3);
✓ Notifying a proprietor (his duty visit) unless such notification may be
prejudicial to the efficient performance of his duty; Article 8(6);
 Environmental Management Issues
➢ Environmental management is not, as the phrase could suggest the management
of the environment as such, but rather the management of interaction by the
modern human societies with, and impact up on the environment.
➢ The three main issues that affect managers are those involving:
✓ Politics;(networking);
✓ Programs;(projects); and
✓ Resources ;( money, facilities…);
➢ The need for environmental management can be viewed from a variety of
perspectives.
➢ A more common philosophy & impetus behind environmental management is
the concept of carrying capacity.
➢ Simply put, carrying capacity refers to the maximum number of organisms a
particular resource can sustain.
➢ The concept of carrying capacity, whilst understood by many cultures over
history, has its roots in Malthusian theory.
➢ Environmental management is therefore not the conservation of the
environment solely for the environment’s sake, but rather the conservation of
the environment for humankind’s sake.
➢ Environmental management involves the management of all components of the
bio-physical, both living (biotic) and non-living (abiotic).
➢ This is due to the interconnected and network of relationships amongst all living
species and their habitats.
 ➢ The environment also involves the relationships of the human environment, such
as the social, cultural and economic environment with the bio-physical
environment.
➢ As with all management functions, effective management tools, standards and
systems are required.
➢ An environmental management standard or system or protocol attempts to
reduce environmental impact as measured by some objective criteria.
➢ The ISO 14001 standard is the most widely used standard for environmental
risk management and is closely aligned to the European Eco Management &
Audit Scheme (EMAS).
➢ As a common auditing standard the ISO 19011 standard explains how to
combine this with quality management.
➢ The UK has developed a phased standard (BS8555) that can help smaller
companies move to ISO 14001 in six manageable steps.
 ISO 14000
➢ The ISO 14000 environmental management standards exist to help organizations
minimize how their operations negatively affect the environment (cause adverse
changes to air, water, or land) and comply with applicable laws & regulations. It
has so many variations to be applicable to different purposes.
➢ ISO 14001 is the international specification for an environmental management
system (EMS).
➢ ISO 14001 is the standard against which organizations are assessed.
➢ ISO 14001 is generic & flexible enough to apply to any organization producing
and/or manufacturing any product, or even providing a service any where in the
world.
➢ ISO 14004 is a guidance document that explains the 14001 requirements in more
detail.
➢ These present a structured approach to setting environmental objectives and
targets and to establishing and monitoring operational controls.
➢ ISO 19011 which specifies one audit protocol for both 14000 & 9000 series
standards together.
➢ This replaces ISO 14011 meta-evaluation-how to tell if your intended regulatory
tools worked.
➢ 19011 is now the only recommended way to determine.