EIA- Concept and Practice

Surya Man Shakya

Visiting Faculty
Kathmandu University

suryamanshakya@yahoo.com
98510 50095
 Development of EIA
1976 USA
Sixth Plan(1980-’85)
National Conservation Strategy (1988)
Env. Protection Council – 1993
Environmental Protection Act (1996)
Env. Protection Regulation (1997)
Revisit and fine tune (2016/17)
EIA for Development : Why and How

•Comply with national laws.

• Comply with donor guidelines.
• Ensure that development is socially and
environmentally sustainable.
• Safeguard our investment.
EIA - Eight guiding principles
participation
transparency
certainty
accountability
credibility
cost-effectiveness
flexibility
practicality
 EIA - Three core values

• sustainability - the EIA process will result in

environmental safeguards
• integrity - the EIA process will conform to
agreed standards
• utility - the EIA process will provide balanced,
credible information for decision-making
 What is Environmental Assessment?

A Planning and Management Tool used to:

• Identify beneficial and adverse environmental

impacts
• Examine the significance of impacts
• Recommend preventive and curative measures
• Assess whether proposal should go ahead
• Inform stakeholders about environmental implication
• Provide adequate information to decision-makers on
project implementation and in what form.
 What is Social Assessment?
A Tool that:
• Identifies social dimension and associated processes
• Identifies affected population with assets and social
facilities
• Assesses needs – to maximize project benefits
• Assesses client demands (willingness to pay)
• Assesses absorptive capacity
• Conducts gender analysis; and
• Assesses adverse impacts on vulnerable groups ….
 BASIC CONCEPTS
EIA is a “two-sided” coin.

On the one side, there are the potential

impacts of the project on the
environment.

On the other, there are the impacts that

the environment could have upon the
project.
 EIA Leadership in Nepal

• NPC/IUCN The leading Partners (1985-1990s)

• NPC/EPC/ MOE (1990-2000)
• MOE/Sectoral Ministries/Proponents/Donor
Community/ (2000-till date)
The need for a balanced Approach

• Social, Financial and Environmental Justice

• Common sense that EIA is to protect the
Project, proponent as well as the Environment
• Respect to Local Ethos and Ethics
• A mechanism to manage national interests
 Source

si on
i ver Intake
D

Project
Decreased Flow

Original Flow
 Environmental Safeguard

Issues Related to Construction

+ve Stage --ve
Issues Related to Operation Stage
--ve
+ ve
Positive Outcomes
EIA Failure
 EIA is process which involves
• Screening
• Scoping
• EIA preparation/alternatives
• Impact prediction/Determination of significance
• Mitigation measures
• Presentation of results
• Decision Making
• Monitoring/evaluation
 Screening Criteria
• Category - I
All environmentally benign projects/activities
– IEE/EIA is not needed)
• Category - II
Activities which impacts and mitigation
measures are known - (may need IEE)
• Category - III
Activities in which an IEE may not be able to
resolve the likely impacts, need and
application of EIA
 Typical stakeholders
• local people
• proponent and project beneficiaries
• government
• NGOs
• other, e.g. donors, the private sector,
academics
 EIA Report Format
Identification of Environmental Impacts
Alternative Analysis
Mitigation Measures
Environmental Management Plan
Review of Policy and Legal Provisions
Monitoring of the Proposal
Environmental Auditing
Reference Materials
Annexes
The Environmental Assessment Process
• Screening
• Scoping
• Terms of Reference
• EIA Report Preparation
• EIA Report Submission and Approval
• Project Implementation and Environmental
Monitoring
• Environmental Auditing
Well-defined Beginning and End
Submission of the Final EIA Report
• Submit 15 copies of the final EIA report with
recommendation letter to concerned Agency
• Review the EIA report
• Send the EIA report to with suggestions, if any
to MoE
• MoE reviews and sends 10 copies of the
report to MOPE with its opinion within 21
days
 Approval of the EIA Report
• Upon receipt of the EIA report, MOPE issues
public notice in any one daily newspaper
• Public may copy the report and provide opinions
and suggestions within 30 days from the first
date of publication
• MOPE may constitute EIA Report Suggestion
Committee for technical review
• MOPE may grant approval within 60 days or 90
days upon receipt of the Report
 ANNEX 6. 3
SATUTORY EN VIRON MEN TAL IMP ACT ASSESSMEN T P RO CESS IN N EP AL

D E S IG N AT E D P R O JE C T S
( S c h e d u le s 1 a n d 2 o f E P R 2 0 5 4 a n d its a m m e n d m e n t 2 0 5 5 )

P ro je c t re q u irin g IE E P ro je c t r e q u irin g E IA
(S c h e d u le 1 , E P R ) (S c h e d u le 2 , E P R )

P ro p o n e n t Public Input (Sub-rule 1)

P r e p a r a t i o n o f s c o p in g & T O R
( S u b m is s io n fo r a p p ro v a l b y
P re p a ra tio n o f T O R p ro p o n e n t (R u le s 4 )
(E P R 2 0 5 4 )
Review Committee

P u b lic In p u t
A p p ro v a l o f
S c o p in g
P re p a ra tio n o f I E E re p o rt and TO R by M O PE
(P ro p o n e n t) (E P R , 5 4 )
(S u b -r u le 6 )

P ro p o n e n t Public Input

P re p a ra tio n o f E IA
S u b m is s io n to th e c o n c e rn e d C o m m is s io n b y p r o p o n e n t
M in is tr y f o r a p p r o v a l
Public Input

R e v ie w C o m m itte e
D is c lo s e r o f d ra ft E IA R e p o rt
fo r p u b lic f o r r e v i e w ( S u b - ru le 8 )

By proponent
A p p ro v e d b y th e
c o n c ern e d
M in is try S u b m is s io n o f E I A R e p o r t to
(W ith in 3 0 d a y s M O P E , th ro u g h c o n c e rn e d
o f s u b m is s io n ) ag e n c y fo r ap p ro v al
(S u b - ru le 1 1 ) (S u b -ru le 1 0 )

Public Input

E x h ib itio n o f E IA re p o rt f o r
p u b lic re v ie w f o r 3 0 d a y s
M o n ito rin g b y th e c o n c e rn e d (S u b -ru le 9 )
M in is try
Review committee

E I A R e p o r t re v ie w
a n d ap p ro v al
(S u b -ru le 1 0 )

Decision making (MOPE) Approved P o s t E I A A c t iv it ie s

(Sub-rule 12)
Monitoring- EIA Audit
Impact MOPE (Sub-rule 14)
Management
Dr. Ram B. Khadka
Not Approved Project Redesign Resubmit
NEIAA, 2000
 Monitoring
• Baseline Monitoring
• Impact Monitoring
• Compliance Monitoring
• Develop verifiable monitoring indicators for all
parameters to be monitored
 Environmental Audit

• determine impacts
• check that conditions arising from EIA
• test accuracy of EIA predictions
• identify areas where the EIA could have been
improved
• look for improvements to future EIAs
 Some common shortcomings of EIA
reports
• Objectives of activity described too narrowly
• description does not cover complete activity
• alternatives do not account for the environment
• key problems not described
• sensitive elements in environment overlooked
• standards and legislation are not described or
alternatives do not comply with them
• some mitigating measures not considered
 ct
oj e
Pr
Committed (EIA) Social and
Proponent THEMATIC LINKAGES Environmental
Justice

e c t
Pr oj

Financial
Disciplined Govt/Political Commitment
Stakeholders Commitments and
Transparency

Technical Legal and

Efficiency and institutional
Capability Mechanisms
The last thing we want in Nepal
is a situation
Where
EIA is not considered

anti-development!
Thank you very much !