• Introduction

Environmental Impact Assessment (EIA) is a critical process that helps to identify, predict, and evaluate the environmental effects of proposed projects, thereby ensuring that decisions are made with full knowledge of potential environmental consequences. In Uganda, the EIA process is a cornerstone of environmental management, rooted in international, regional, and national legal, regulatory, and institutional frameworks. This article aims to demystify the EIA requirement in Uganda by exploring its origins, frameworks, and implementation.

• International Legal and Regulatory Frameworks

The concept of EIA has its roots in the global environmental movement, particularly following the 1972 United Nations Conference on the Human Environment in Stockholm. This conference marked a significant milestone, leading to the establishment of principles that emphasized the need for environmental consideration in development projects.

The 1992 United Nations Conference on Environment and Development (UNCED), also known as the Earth Summit, held in Rio de Janeiro, further concretized the role of EIA in sustainable development. Principle 17 of the Rio Declaration explicitly states that “Environmental Impact Assessment, as a national instrument, shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and are subject to a decision of a competent national authority.”

Additionally, the Convention on Biological Diversity (CBD) and the Ramsar Convention on Wetlands emphasize the importance of EIA in protecting biodiversity and wetlands, respectively. These international treaties provide a foundation for countries, including Uganda, to integrate EIA into their national legislation and policies.

• Regional Legal and Regulatory Framework

At the regional level, the African Union (AU) and the East African Community (EAC) have developed frameworks that emphasize the importance of EIA in environmental management. The African Convention on the Conservation of Nature and Natural Resources, also known as the Algiers Convention, adopted by the Organization of African Unity (OAU) in 1968 and revised in 2003, mandates member states to undertake EIA for projects that may have significant impacts on the environment.

The East African Community (EAC) Treaty and its Protocol on Environment and Natural Resources Management also require member states, including Uganda, to implement EIA as a tool for sustainable development. These regional frameworks ensure that EIA is consistently applied across member states, promoting regional cooperation in environmental conservation.

• National Legal and Regulatory Frameworks

1. Constitution of the Republic of Uganda (1995)

Uganda’s commitment to environmental management and sustainable development is enshrined in its Constitution. Article 39 of the 1995 Constitution of Uganda states that every Ugandan has the right to a clean and healthy environment, providing a constitutional basis for environmental protection.

2. National Environment Act, Cap 181

The cornerstone of Uganda’s EIA framework is the National Environment Act, Cap 181, which was first enacted in 1995 and later revised in 2019. This Act establishes the legal requirements for EIA in Uganda, mandating that any project likely to have significant environmental impacts must undergo an EIA before commencement. The Act also establishes the National Environment Management Authority (NEMA) and mandates it as the key regulatory body responsible for overseeing the EIA process in Uganda. NEMA’s role includes setting EIA guidelines, reviewing EIA reports, and monitoring compliance with environmental standards.

3. Water Act, Cap 164

This Statute does not expressly deal with EIA but has some provisions that are related to EIA. These are contained in Division 4 of the Act and are laid out as follows: Section 22 provides for the suspension or variation of a water permit by the Executive Director of the National Water and Sewerage Corporation, where the water available in an area is or is likely to become insufficient in quality or quantity for the needs of the people using or seeking to use it. This may be done by notice in writing to the holder of the water permit for that area. Where the holder of the permit: i) fails to comply with the provisions of the statute; ii) fails to make beneficial use of the permit within the preceding two years; iii) uses water for purposes other than those for which the permit was issued or more water than he is entitled to; the Director may cancel such a permit. This is in consonance with section 25 of the Act.

4. Uganda Wildlife Act, Cap 315

Section 23 of this Act requires a developer desiring to undertake a project which may have a significant impact on any wildlife species or community to carry out an EIA in accordance with the National Environment Statute. Section 24 of the same statute obliges the Uganda Wildlife Authority in consultation with NEMA to carry out audits and monitor such projects that may have an impact on wildlife.

5. Land Act, Cap 236

The Land Act does not expressly deal with EIA but has some provisions that embrace it. It does however, regulate the ownership of land and controls land use. Section 43 obliges any person who owns or occupies land to manage and utilize it in accordance with the Water statute, the National Environment Statute, the Forest Act and any other law. Section 44 entrusts all natural resources to the Government to hold for the benefit of the people. It also prohibits the Government or local authorities from leasing out or otherwise alienating natural resources. Section 45 of the Act requires that any use of land should conform to Town and Country Planning Act and other laws. An EIA is therefore a useful tool to guarantee that the proposed land use does not contravene any law.

6. Investment Code Act, Cap 74

This Code empowers the Uganda Investment Authority (UIA) to, among other things, attract and coordinate all local and foreign investments in the country to enhance economic development. Section 17 of the Act makes an EIA issued in consonance with the laws of Uganda one of the investment registration requirements.

7. Environmental Impact Assessment Regulations, 1998

The Environmental Impact Assessment Regulations, 1998, provide detailed procedures for conducting EIAs, including screening, scoping, preparation of terms of reference, public participation, and decision-making.

These regulations apply to;

1. All projects included in the Third Schedule to the statute
2. Any major repairs, extensions or routine maintenance of any existing project which is included in the Third schedule to the statute.

8. National Environment (Waste Management) Regulations, 1999

Section 15 of these regulations requires that a waste treatment plant or disposal site carry out an EIA in accordance with these regulations before a licence is issued. Sub section 2 of the same section, requires that an operator of a waste treatment plant or disposal site carry out an annual audit of the environmental performance of the site /plant and submit a report to NEMA.

9. National Environment (Wetlands, Riverbanks and Lake Shores Management) Regulations, 2000.

Provisions of the EIA under these regulations are contained in Part IV. These provide that; a developer desiring to put up a project which may have a significant impact on a wetland, riverbank or lakeshore, is required to carry out an EIA [reg.34]. Developers are required to carry out annual audits and monitoring of such activities that may impact on the environment and submit reports to the Executive Director and the Lead Agency. The Executive Director of NEMA is mandated to require that a wetland, riverbank or lakeshore which has been degraded be allowed to regenerate or issue an environment restoration order. Additionally, where an inspector has reasonable cause to believe that any person is violating the provisions as stated in these regulations, he or she may issue against such a person an improvement notice or take any measures as may deem appropriate.

Pursuant to regulation 37, anyone who reclaims or drains a wetland; erects, constructs, places, alters, extends, removes or demolishes any tractor that is fixed in, or under, or over a wetland; disturbs a wetland by drilling or tunneling in a manner that has is likely to have an adverse effect on a wetland; deposits in, on, or under any wetland a substance in a manner that has or is likely to have an adverse effect on a wetland; (e) destroys, damages or disturbs any wetland in a manner that has or is likely to have an adverse effect on any plant or animal or its habitat; introduces or plants any exotic or introduced plant or animal in a wetland; removes soil from or burns any wetland resource in a wetland; carries out any unauthorized activity in a protected wetland; carries out activities provided for in regulation 24 without a permit; fails, neglects or refuses to protect a lake shore in accordance with the foregoing regulations, commits an offence.

10. The National Wetlands Policy, 1995

This policy provides that all proposed modifications and restorations on wetlands be subjected to EIA and that damaged wetlands be rehabilitated in accordance with the findings of the EIA. It also requires that all planned new wetland developments be subjected to EIA to determine the environmental controls. Those which have been subjected to EIA will continually be monitored to assess their impact on the environment where the impact is detrimental, government will quire that such development be halted.

• Stakeholders

The institutional framework for EIA in Uganda involves several key players:

1. National Environment Management Authority (NEMA): NEMA is the principal agency responsible for the coordination, supervision, and regulation of all environmental management matters in Uganda. NEMA reviews and approves EIA reports, issues certificates, and ensures compliance with environmental standards. NEMA is established in light of Section 8 of the National Environment Act, Cap 181 and mandated pursuant to Section 9 of the same Act.
2. Lead Agencies: These are sectoral agencies or ministries with mandates over specific areas, such as the Ministry of Water and Environment, Ministry of Energy and Mineral Development, National Forestry Authority and Uganda Wildlife Authority. Lead agencies collaborate with NEMA in the EIA process, providing technical expertise and sector-specific insights.
3. Project Proponents: These are individuals or entities proposing projects that may have environmental impacts. Project proponents are responsible for conducting the EIA, preparing reports, and implementing mitigation measures as required by NEMA.
4. Environmental Consultants: These are experts hired by project proponents to carry out the EIA process. They conduct studies, prepare EIA reports, and engage stakeholders to ensure that all potential environmental impacts are identified and addressed.
5. General Public: Public participation is a critical component of the EIA process in Uganda. It ensures that the views and concerns of affected communities and other stakeholders are considered in decision-making. Public hearings, consultations, and disclosure of EIA reports are essential steps in fostering transparency and inclusivity.

Conclusion

The Environmental Impact Assessment requirement in Uganda is a vital tool for promoting sustainable development and protecting the environment. Rooted in international, regional, and national legal frameworks, the EIA process ensures that development projects are carefully evaluated for their environmental impacts. By demystifying the EIA process and addressing its challenges, Uganda can strengthen its commitment to environmental stewardship and create a sustainable future for her people.

ENERGY, ENVIRONMENT & SUSTAINABILITY DEPARTMENT