ESIA profile
Updated to: 28 August 2023
Download as PDFScreening
Screening process
Screening is done by the NEA, based on a completed screening form, filled in by the project developer. A screening report is drafted by the NEA, determining whether and ESIA is required or not. It is possible that at this stage the environmental permit it granted immediately, without ESIA report.
Where the NEA decides that there is need for additional information to be submitted by the developer, it may request additional information in the form of a preliminary environmental impact assessment report or an environmental management plan, as appropriate. This may result in environmental approval.
Contents of the starting document
An example form is included in the 2014 EIA regulations. Contents include:
- Project description
- Employees and labourers
- Description of Industrial process
- Products and by-products
- Potential impacts
- Proposed mitigation measures
Timeline Screening
The project developer is informed of the classification within 20 days of receipt of the screening form.
Scoping
Scoping process
After screening determines whether an ESIA is necessary, the project developer is responsible for establishing a scoping report, containing the draft Terms of Reference (ToR) for the development of the Environmental Impact Statement (EIS).
Contents of the scoping document
- Terms of reference for the EIS
- Expertise of consultants working on EIS
- Any additional matters the NEA may require
Assessment
Contents of the EIA report
- executive summary
- description of project
- description of site and alternative sites
- materials needed
- description of the environment
- purpose and expected benefits
- description of impacts
- description of alternative means of carrying out the project
- assessment of legal implications of impacts, including reference to relevant legal texts.
- methodology
- evaluation of impacts
- mitigation measures
- gaps in knowledge and uncertainties
- indication of transboundary effects
- description of how information in the EIS was generated
- any other information deemed necessary by the NEA.
Accreditation of consultants
The NEA must approve the persons who will undertake the ESIA study during the scoping phase.
Consultants developing ESIAs are required to adhere to the Code of Conduct.
Review
Review process
The draft EIS is submitted to the NEA who provides written comments on it. In addition, the project developer organizes a meeting to received comments from the general public.
Review expertise
Review is the responsibility of the NEA, who organizes a review by the EIA Working Group. The composition of the working group is not specified.
Timeline Review
If the EIS report is deemed suitable for review, the NEA sends the draft EIS to the EIA Working Group within 10 days. The Working Group reviews the EIS within 14 days.
If the NEA requests, a public hearing is held between 30 and 40 days after reception of the EIA.
Decision making
Integration of ESIA into decision-making
Approval of the EIS is one step in overal project approval. The legislation does not specify how this step is integrated into other decisions on a potential project.
Decision justification
If the project is rejected, the reasons for doing so must be stated in writing.
Possibilities for appeal
Any person aggrieved by the decision of the nEA may appeal within 30 days of the decision.
Follow-up
Stakeholder engagement
Public participation requirements for ESIA process stages
During assessment phase, the consultant is required to seek the views and opinions of the affected communities and parties to explain the project and its effects. A reflection of this should be included as annex in the EIS.
Access to information
EISs are considered public documents and may be freely consulted by any person. The NEA may protect any information which is considered to be proprietary.
ESIA practice
Background information
Legal framework
Institutional setting
Contact
National Environment Agency – The Gambia, Environment Agency
Website: www.nea.gm
Jimpex Road, Kanifing,
PO Box 48,
Banjul, The Gambia