NEMC's EIA Guidelines and Procedures

The National Environment Management Act, 1983¹ established the National Environment Management Council (NEMC) and bestowed upon it the functions of advising the Government on all matters relating to the environment. In particular, the Council is enjoined to formulate policy on environmental management; coordinating the activities of all institutions concerned with environmental matters; evaluating existing and proposed policies and activities on pollution control and enhancement of environmental quality; recommending measures to ensure Government policies take adequate account of environmental effects; etc². It may also be involved in initiating legislative processes as its other function is to "formulate proposals for legislation in the area of environmental issues and recommend their implementation by the Government (§4(j).

In addition, the Act establishes the office of the Director General of the Council who is the Chief Executive Officer (§6) with wide ranging duties in environmental matters. He is, for instance duty-bound "to consider means and initiate steps for the protection of the environment and for preventing, controlling, abating or mitigating pollution; and investigate problems of environmental management, among others (§7(a-f). It is on the basis of these statutory functions that NEMC has been reviewing various development projects in the country in order to ensure that they conform to requisite environmental standards.

It is also on this basis that NEMC prepared Environmental Impact Assessment Guidelines and Procedures in 1997 to guide developers carry out development projects in an environmentally responsible way. These Guidelines and Procedures hold particular importance in so far as they have sought to incorporate issues of public participation and access to information in environmental decision-making processes in respect of projects with likely environmental impacts.

1. Act No. 19 of 1983.
2. Ibid., s. 4