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Institutional Modality for an Effective EIA Implementation

There are five important phases of EIA related activities:


  • screening and scoping (to define EIA needs)
  • preparation of EIA documents (EIA study)
  • EIA approval for granting permission and license
  • incorporating EIA mitigation measures into the project design for issuing permits and licenses
  • monitoring, compliance and enforcement (to ensure EIA mitigation is successfully implemented)

These activities are important in achieving effective implementation of the EIA process. If there is no institutional setup with specific responsibilities, the objectives as given above are not possible to achieve. While making institutional plans for the implementation of EIA, the issues of decentralization and privatization must not be ignored. Concentration of power and authority in one institution is not desirable, and increased involvement of private sector institutions in the development planning process is a desirable goal. The following institutional modality is therefore required for effective management of EIA implementation.

Institutions for EIA Study

For effective EIA study there is need to:

increases the trained EIA professionals,

involvement of private sector companies /firms and consultancies in EIA study,

institutionalize EIA study, research and accrediting EIA professionals and institution in order to maintain the quality, and

involvement of academic institutions for preparing trained human resources required.

Institutions with EIA and Monitoring Responsibility

The Environmental Division/Section of the concerned Ministries should be well equipped with highly qualified and skillful personnel and they should have the responsibility of:

examining and reviewing of Scoping, TOR and EIA reports submitted by the proponent,

in the process of reviewing the representative from sector specific Ministries having direct interest on proposed project should also be involved (horizontal Coordination),

monitor the implementation of the compliance conditions,

make recommendations on the basis of review and monitoring,

if necessary the division/section should organize a public hearing at the project site in case of complication. and

forward the findings of review and analysis upon its approval by the secretary of concerned Ministry to the Ministry of Environment for necessary action.

See also Institutional aspects of environmental monitoring

Institution with EIA approval Responsibility

There is system of constituting a EIA Review and Approval Committee in the Ministry of Environment headed by joint secretary of the Ministry of Environment in order to issue EIA clearance for both private and government projects. Such EIA Committee has the power to:

issue an EIA clearance,

reject an EIA clearance,

issue an EIA clearance with conditions, and

revoke an EIA clearance on complaints from any party and if the project is found to have not complied with major EIA recommendations and has thereby caused serious problem for environment.

Example

Nepal: EIA Review and Approval Committee of the Ministry of Environment

Nepal: Inter Ministerial Coordination for EIA Implementation

Nepal: Institutions Responsibilities for EIA Implementation

Institutional Responsibility for EIA Implementation

A number of governmental, semi-governmental and non-governmental organisations are involved in integrating environmental aspects, including EIA in development projects and programmes within their broad institutional functions and responsibilities.

The following section describes the roles and responsibilities of different organisations and these organisations have been grouped into policy-making, advisory, corporate and local bodies. Roles played by the non-governmental organisations have also been included.

Example:

Nepal: Policy making body for EIA implementation

Institutional Coordination for EIA Implementation

The environmental matters should not be looked into in isolation and a single agency could and/or should not take the whole responsibility of environmental management. Because of the multi-sectoral nature of environmental management, inter-ministerial coordination is a must and is also a pre-requisite to make the development project environment-friendly and sustainable. Hence a mechanism should be developed to ensure inter-sectoral coordination along with the clear allocation of responsibility and authority.

Figure 1: Example of coordination flow between and within different inter-ministerial levels

Example

Nepal: Inter-ministerial coordination for EIA implementation in Nepal


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