Environment Impact Assessment (EIA)
What is EIA?
Environmental Impact Assessment (EIA) is a critical examination of the effects of a project on the environment. An EIA identifies both negative and positive impacts of any development activity or project, how it affects people, their property, and the environment.
EIA also identifies measures to mitigate the negative impacts while maximizing the positive ones. EIA is essentially a preventive process that seeks to minimize adverse environmental impacts and reduce risks. If a proper EIA is carried out, then the safety of the environment can be properly managed at all stages of a project—planning, design, construction, operation, monitoring and evaluation, as well as decommissioning.
Environmental Audit (EA)
What is EA?
Environmental Audit (EA) is the systematic, documented, periodic, and objective evaluation of how activities and processes of an ongoing project conform with the approved environmental management plan and sound environmental management practices. A comprehensive EA promotes a safe and healthy environment at all stages of a project’s operations, including decommissioning.
EA, What For?
The goal of EA is to establish whether project proponents comply with environmental requirements and enforce legislation.
What Environmental Audit Looks For
An environmental auditor shall appraise all project activities, including the production of goods and services, considering environmental regulatory frameworks, standards, and safety measures. Specifically, an auditor shall:
Indicate the objective, scope, and criteria of the audit.
Study all relevant environmental laws and regulatory frameworks on health and safety.
Verify compliance with the conditions of the environmental management plan.
Review existing project documentation.
Examine monitoring programs and emergency control measures.
Assess records of incidents and accidents.
Seek views on health and safety from employees and affected communities.
Environmental Audit Report
An audit report shall include but not be limited to:
Past and present impacts of the project.
Responsibility and proficiency of project operators.
Internal control mechanisms for identifying and mitigating negative environmental impacts.
Measures for workers’ health and safety.
Environmental awareness and sensitization measures.
Who Administers EA?
The National Environment Management Authority (NEMA) oversees the administration of EA.
Projects That Require EA
EA shall be undertaken on enterprises or activities with potential adverse environmental impacts, including:
Ongoing projects that commenced before the Environmental (Impact Assessment and Audit) Regulations, 2003.
New projects that completed an environmental impact assessment study and received a license.
Projects specified in the Second Schedule of the EMCA Act of 1999.
Who Conducts Environmental Audits?
Initial and control audits shall be conducted by a qualified and authorized environmental auditor registered by NEMA.
For ongoing projects, proponents must undertake an initial environmental audit study to establish baseline data.
Who Qualifies to Carry Out EA?
Only Individual Experts or Firms registered by NEMA can conduct EIA/EA studies. A register of experts is available at NEMA offices upon payment of a fee of Ksh. 200.
Terms of Reference for Environmental Audit
An EA shall be conducted in accordance with terms of reference developed by the proponent in consultation with NEMA.
Control Auditing
NEMA may conduct a control audit to check compliance with environmental parameters or verify self-audit reports.
Self Auditing
After the approval of an EIA study or an initial audit, proponents must:
Conduct regular self-audits.
Prepare environmental audit reports annually.
Ensure that audit criteria align with the Environmental Management Plan (EMP).
Methods of Environmental Audit
Environmental audits shall be conducted through:
Questionnaires
Site visits
Test analysis
Contents of an Environmental Audit Report
An EA report shall contain:
Type of activity being audited.
Materials used and waste generated.
Description of activities, processes, and operations.
Relevant legislative and regulatory frameworks.
Analysis of affected ecological and socio-economic aspects.
Prioritization of past and ongoing environmental concerns.
Identification of environmental, occupational health, and safety issues.
Opinion on the adequacy of the project’s environmental management plan.
Corrective recommendations and implementation strategies.
Measures taken to meet acceptable environmental standards.
A non-technical summary of key findings and recommendations.
Post Audit Orders
NEMA may issue improvement orders for corrective measures to mitigate environmental degradation.
Inspections
Inspectors may enter project sites for inspections, document reviews, and inquiries.
Non-cooperation with inspectors constitutes an offense.
Audit Petition by Public
Members of the public can petition NEMA for an audit on any project by providing reasonable cause in writing.
When Should an EA Be Done?
EA should be conducted annually.