Landry Fanou
Technical secretary
The constitution of Chad guarantees a healthy environment for everyone and stipulates that the State and the decentralized territorial authorities must take care of the protection of the environment. In 2010 a decree regulating environmental impact studies was introduced, followed by a guide in 2012.
The NCEA is not aware of legislation on SEA in Chad.
The ESIA guide stipulates six phases of the administrative procedure:
Guidelines on EIA procedure (arrêté 039)
Screening process
The client must prepare a document stating his intention to carry out a project. The document describes the general nature of the project and presents general information.
Scoping process
The directorate in charge of impact studies has the task of approving the terms of reference for project impact studies.
Contents of the scoping document
The project owner prepares the Terms of Reference (ToR). The ToR are based on general and sector-specific guides, which are sent to the contracting authority by the ministry in charge of the environment.
Timeline scoping
The ministry in charge of the environment has 14 working days to approve the ToR.
Contents of the ESIA report
Accreditation of consultants
Applications for formal accreditation from consultants are processed by the ministry in charge of the environment. It retains a directory of approved consultants for ESIAs.
Review process
After the EIA is submitted to the ministry in charge of the environment, it has 15 days to determine its admissibility.
Subsequently, the ministry organizes a public consultation, where everyone has the opportunity to express themselves on the subject and to indicate the collective values that are important for decision-making.
After the public consultation, the client has one month to respond to comments and review the ESIA.
The ministry then analyzes the ESIA, in consultation with the ministries and other bodies concerned. The ministry sets up a specific working committee for each EIA.
Guidelines on EIA procedure (arrêté 039)
Timeline Review
After the submission of the ESIA, the ministry has 3 months to express itself on the report. This deadline includes public consultation.
Integration of ESIA into decision-making
As described above, the competent authority makes the decision, based on the approval of the Ministry of the Environment. Without the environmental permit, the competent authority cannot authorize a project.
Decision justification
The opinion of the ministry in charge of the environment takes into account the technical components (nature, intensity, duration of impacts, etc.) and the results of the public consultation. The decision is based on the EIA, the public consultation report, the report of the specific working committee.
Compliance monitoring
Environmental monitoring of projects is the responsibility of the ministry in charge of the environment. Monitoring ensures the sufficiency and effectiveness of mitigation measures. The terms of the monitoring program are contained in the Environmental Management Plan (EMP).
Non-compliance penalties
The types of offenses are described in Decree 630 and include projects without authorization, unauthorized design offices, non-compliance with technical prescriptions, etc.
Violations are punished either with the termination of the project or according to the laws in force.
Public participation requirements for ESIA process stages
Public participation is included in the EIA review.
Timeline for public comments
After submission of the EIA, the ministry in charge of the environment brings it to the attention of the public. The consultation is open for a period of 45 days. Anyone interested has 30 days to request access to the entire EIA report.