Ineke Steinhauer
Technical sectretary
In Ethiopia, environmental assessment is legally required since 2002 when the EIA proclamation was issued. This proclamation also made a reference to SEA as it requires the assessment of public instruments. The EIA system is decentralized vertically to regional state environmental agencies.
In 2013, the Environmental Protection Agency (EPA) as central EIA authority in Ethiopia has been transformed into the Ministry of Environmental Protection and Forestry (renamed Ministry of Environment, Forestry and Climate Change in 2015). In 2019 the Environment, Forest and Climate Change Commission (EFCCC) replaced the Ministry in charge of the environment as the Environmental Assessment authority. In 2021, it changed again into the Environmental Protection Authority (EPA).
EPA proclamation 1263/2021
Please note:
Ethiopia is a federal republic, which means that it has delegated many duties and responsibilities to the state level.
In this country profile the laws and regulations on federal level will be presented first. If necessary, this is followed by regulation for Amhara state (this is the state where NCEA’s activities are concentrated).
Screening may be done in the form of an Initial Environmental Examination (IEE) process, as the EIA guidelines suggest. Scoping is also a voluntary step of the procedure. Thereafter, the assessment is done, review and a decision on whether an environmental clearance licence is issued or not. Finally, compliance monitoring is conducted.
Important documents as outcomes of the EIA process are the following: IEE report for screening (advised), scoping report (advised), EIA report, environmental clearance licence.
Amhara state
A project owner has to submit a description of the project as well as its impacts to the structures of the ANRS Environment and Forest Protection Authority or their regional offices.
ANRS ESIA guidelines The Amhara authority on ESIA, the EFPA, is currently reviewing their ESIA guidelines (2018). This country profile will be updated once the review process is complete
Screening process
Screening is based on a list of projects provided under the draft EIA directive issued in 2008 under article 5 of the EIA proclamation No 229 of 2002. This list contains both projects that require EIA and those that do not require EIA. Additionally based on the EIA procedural guidelines (non-legally binding), the proponent is responsible for undertaking an initial environmental evaluation (IEE) to determine whether or not a given project requires a full EIA. The IEE report should have details that include location, size of the proposed project, likely impacts and proposed mitigation measures. On the basis of the IEE, the regulator will approve the project (with conditions of approval necessary), request a full EIA study, or reject the project outright.
Sensitive areas
All projects located in environmentally sensitive areas are considered to cause significant impact and require a full EIA process irrespective of their nature. It is now suggested that a minimum of 300 m distance is kept from any sensitive areas.
Contents of the starting document
The starting document is the IEE. It should contains the title of the proposed activity:
Scoping process
The ESIA guidelines suggest that the proponent (consultant) is supposed to prepare a detailed plan of study for scoping, identify and consult with the interested and affected parties. The competent authority is suggested to ensure that all potentially significant impacts have been included in the study.
Amhara state
The guidelines explicitly include scoping as a step in the ESIA process. The same elements as the federal level are included.
Contents of the scoping document
It is suggested in guidance provided that the scoping report should contain:
A ToR is produced during scoping for use in the impact study.
Amhara state
The guidelines give quite detailed information on the contents of the scoping report. In general, it should contain:
Assessment process
There are no specified steps. Nevertheless, the proponent is required to submit an EIA report to the EPA or the relevant regional authority alongside other required documents as determined by the relevant authority.
Contents of the ESIA report
The ESIA report should contain a description of:
Additionally, the EIA report should be accompanied by a non-technical summary.
Amhara state
The 2018 guidelines contain a detailed description of the contents of the ESIA report. In general lines the contents match those of the federal level, as described above.
Accreditation of consultants
An independent consultant or the firm requires registration and licence issued by EPA to practice. There is, however, no accreditation system for consultants.
Amhara state
The Amhara state guidelines (2018) state that ESIAs must be prepared by a licensed firm. It details how consultants or firms can be officially accredited.
source
Review process
The EIA proclamation does not give a specific review process. However, it states that evaluation is done by taking into account any public comments and expert opinion. It is also not specified whether the review results are opened to public and if the public has the possibility to respond.
Amhara state
The guidelines inlude a list of criteria which are to be used in reviewing ESIAs. Some significant criteria include:
Timeline Review
15 days
Integration of ESIA into decision-making
Approval of the ESIA report means that an environmental clearance (ESIA licence) will be issued. The project approval decision is taken by a separate authority , but in consideration of the results of the ESIA.
Decision justification
Not specified under the EIA proclamation. The EIA guidelines advise that the Record of Decision should be made available to the public upon request.
Timeline decision-making
15 days
Possibilities for appeal
No information.
Compliance monitoring
EPA or the relevant regional environmental authority is required to evaluate compliance with approval conditions and where applicable may order the proponent to take corrective measures.
As part of the ESIA report, the proponent is required to submit procedures for self auditing and monitoring to be used during implementation and operation.
Public participation requirements for ESIA process stages
Part Five of the Proclamation on EIA (2002) determines that the responsible authority shall ensure that the comments made by the public are incorporated into the EIA report and its evaluation. How these comments should be used for decision-making processes is not specified.
In 2018, a guideline for public consultations in the ESIA process became available.
Timeline for public comments
No information.
Access to information
There are provisions in the ESIA proclamation, 2002 for the relevant environmental agency to make any ESIA study report accessible to the public and solicit comments on it. Access to other documents and/ or decision is not specified.
Not specified in the EIA proclamation but the EIA guidelines (not legally binding) advises to have on-site advertisement, media advertisement using radio and TV in the local language. It also advises placing an advert in local language in an appropriate newspaper (within the locality of the project). The advertisement should be placed in a official government gazette that provides service for public notice.
Proclamation 295/2002 Article 15