Environmental Impact Assessment and FCT responsibility

Environmental Impact Assessment (EIA) is a process designed for predicting consequences of major investment and development projects and identifying appropriate measures for minimizing adverse effects on people, their property and livelihoods, other nearby developments and a wide range of elements within the ecosystem. Beyond adherence to philosophy, it is a pragmatic response to the lesson […]

Environmental Impact Assessment (EIA) is a process designed for predicting consequences of major investment and development projects and identifying appropriate measures for minimizing adverse effects on people, their property and livelihoods, other nearby developments and a wide range of elements within the ecosystem. Beyond adherence to philosophy, it is a pragmatic response to the lesson of experience from many otherwise laudable projects which have turned into disasters, because their potential negative impacts on the environment were not properly explored, and preemptive measures devised and applied.
The EIA Act was promulgated in 1992. It set out the general principle, procedure and methods to enable the prior consideration of EIA on certain public and private projects. Section 4 of the Act sets out the minimum content of EIA which should be met before it becomes acceptable. Also, Section 33 of the Nigerian Urban and Regional Planning Law of 1992 stipulates that a developer shall at the time of submitting his application for development, submit to an appropriate control department, a detailed EIA for an application for a residential land in excess of 2 hectares; or permission to build or expand a factory; or for the construction of office building in excess of four floors or 5,000 square meters of lettable space; or permission for a major recreational development.
In compliance with the above legal provisions, the FCT Development Control Department requests all developers who apply for development permit to prepare and submit to the department detailed EIA Report. The report which shall satisfy the requirements of the EIA Act, is to be submitted along with the building designs and all other necessary requirements for building plan approval, so long as the project falls among the category requiring the report as stated by the Act and the URP law. All submissions are vetted to satisfy compliance with stipulated requirements before approval is granted to the developer for commencement of development.
Another law was enacted in 2005. This was the Abuja Environmental Protection Board Act on Solid Waste Control/Environmental Monitoring. Section 17 of the Act subsection (1) states that: “The proponent or owner of any development, equipment or project which in the opinion of the board may endanger the environment owing to its dimension, location, nature of the impact of its activities on the natural environment shall carryout an impact assessment”. Subsection (2) further states that “Where before the commencement of this regulation, a development was commenced, the impact assessment of which was not known, the board shall direct the implementation of appropriate emergency procedures to suspend the work envisaged or already initiated”.
The EIAs conducted on projects should be able to detect and advise against developments on flood plains. Depending on the area projects are located, it also has the benefit of proffering mitigation measures against building collapse and other environmental problems. At some instances the implementation of the project can be stopped altogether due to perceived environmental consequences.
In 2012, seven years after the enactment of the AEPB Act, a memo titled “Environmental Impact Assessment Process in the FCT”, was forwarded to the FCT Minister, by the director of AEPB. It sought “approval for introduction of measures towards improved service quality and higher revenue generation from the EIA process”. The memo stated: “EIA Report is a statutory requirement for proposed/planned major projects/developments, while Environmental Audit Reports are demanded on existing projects”. However, there was a deliberate misinformation to the minister in paragraph 4(a) which states that “many projects in the FCT, especially government projects are still being undertaken without conduct of EIAs despite statutory provisions.
To our knowledge, all developments that require EIA as stated by the EIA Act and the URP law were demanded by the Development Control Department which is a sister agency to the AEPB within the same FCT Administration, to submit EIA which was vetted prior to granting the building plans approval. Section 17 (2) can only be effective on those who do not submit EIAs to the Development Control Department prior to approval. Subjecting all developers in the FCT to the submission of fresh reports to the AEPB after years from commencement of work or completion of projects no longer portrays EIAs as proactive measure, but a concocted tool for revenue generation, which should not be so. In any case, it amounts to double taxation by the same authorities.
It should be understood that EIA prior to project commencement is different from Environmental Monitoring. Monitoring is a continuous activity, during and after construction. It makes more sense for the EIA as a proactive measure, to be arrested by denying the grant of building permit at the Development Control, until when deemed fit. This is what the URP law of 1992 stipulates. But the approval of the misleading AEPB memo of 2012 by the minister transferred the function to AEPB. There is thus the need for further interpretation of the environmental laws to determine the actual agency to shoulder the responsibility.
Meanwhile, for the purpose of executing its statutory mandate of environmental monitoring activity, we suggest that AEPB should prepare a manual of safeguarding the environment and distribute it to all property owners in Abuja. Penalties or fines can then be imposed for contravention.