Jordan

Screening process

1. The project proponent submits the required information on the project to the Ministry.
2. The Licensing Committee of the Ministry screens the project against the categories set out in Annex 2 This link opens in a new tab and Annex 3 This link opens in a new tab.
3. This Committee determines if the project is classified as:

• A Category 1 project; for which a comprehensive ESIA needs to be carried out. Annex 2 This link opens in a new tab provides a list.
• A Category 2 project, for which an initial ESIA is required. See Annex 3 This link opens in a new tab. If the preliminary environmental impact assessment reveals that the project has a potential significant impact on the environment, the Minister shall request the proponent to conduct a comprehensive ESIA.
  If the preliminary ESIA reveals that it is not likely for the project to have a significant impact on the environment, the project shall obtain the Ministry’s approval.
• Category 3 for which no environment analysis is required.
  If this is the case, the Ministry shall inform the proponent that the project does not require an ESIA, and that the project is considered approved.

Contents of the starting document
Annex 1 of the regulation specifies the information on the project that needs to be submitted for a screening decision. This includes:

• Project description;
• Overview of the project alternatives, and the main reasons for choosing the proposed alternatives;
• Most important environmental aspects affected by the project.

Timeline Screening
No timeline is given for the screening decision in the regulation.

Scoping process

• The Proponent submits a preliminary Terms of Reference (ToR), after consultations with the Ministry.
• The Ministry shall call the Proponent and any concerned individual or representative of a public or private party that may be potentially affected by the project. They are invited to participate in investigating the preliminary draft to identify the significant impacts on the environment.
• The Proponent prepares a final ToR for the EIA and EMP, including a summary of the discussion of the meeting with the affected parties discussions, the parties which attended, and the significant Impacts identified. He/she also submits the names of the experts that will be responsible for preparation of the EIA document, the required technical expertise, and the expected level of effort needed to prepare this document.
• The Ministry’s Technical Committee then reviews and approves the ToR.

For information on what is required for a preliminary EIA, see Annex 4 This link opens in a new tab of the regulation.

Contents of the scoping document
No requirements are given in the regulation on the contents of the ToR for the EIA.

Timeline scoping

There is no timeline for the project proponent to submit the ToR.
The Technical Committee will review the ToR within one week after receipt and submit its recommendations to the Minister.

Assessment process
If the ToR is approved, the proponent and his/her advisors shall undertake the assessment, and prepare the draft of the ESIA document. This draft must include the content as set out in Annex 5 This link opens in a new tab.

Contents of the ESIA report
The ESIA document must contain the following:

• Non-technical Executive Summary;
• Legal and administrative policy framework;
• Project description;
• Baseline data, taking into account planned development activities;
• Environmental impacts, including the assessment of the impacts, mitigation measures needed, and gaps and uncertainty in information;
• Analysis of alternatives;
• Mitigation Plan;
• Monitoring and Environmental Post Auditing Plan;
• Appendices, including the list of contributors, references and records of stakeholder consultation.

Accreditation of consultants
The Environmental Protection Law of 2017 specifies that an ESIA must be undertaken by an Advisory Body that is approved by the Ministry of Public Works and Housing.

Review process

The review of the ESIA document is carried out by the Technical Committee, which is also involved in the review of the ToR. It will submit its recommendations to the Minister to make the required decision.
The Committee may ask the proponent for additional information if it finds that the EIA document does not fulfil the requirements.
The Committee may invite any person to a meeting for consultation, but that person shall not be entitled to vote on its recommendations.
There is no obligatory stakeholder engagement during this review process.

Review expertise
The Technical Committee consist of representatives of various ministries:

• The Ministry of the Environment
• The Ministry of Planning and International Cooperation
• The Ministry of Municipal Affairs
• The Ministry of Health
• The Ministry of Agriculture
• The Ministry of Industry and Trade
• The Ministry of Energy and Mineral Resources
• The Ministry of Water and Irrigation
• The Ministry of Tourism and Antiquities
• The Ministry of Public Works and Housing
• Any other concerned entity specified by the Minister

Timeline Review
There is no specific timeline given for the ESIA document review itself, but the regulation states that the Minister shall issue the decision on project approval within 45 days after receiving the ESIA document.

Integration of ESIA into decision-making
The ESIA provides the basis of the Minister’s decision on environmental approval of the project.

If the draft ESIA document fulfils all of the requirements, the Technical Committee submits its recommendations to the Secretary General who will forward the decision recommendation to the Minister.

The decision may be:

• Approving the draft and considering it the final ESIA Document. This constitutes the environmental approval of the project, and it is valid for one year from the date it is issued.
• Denial of environmental approval of the project if it is shown that its implementation would cause significant impact on the environment and that the plan for reducing adverse impacts is inadequate.

If the Minister does not issue the decision within the regulatory timeline, the project is approved automatically.

The decision must be announced to the public in the manner that the Ministry deems appropriate.

Decision justification
There are no specification in the regulation as to the justification of the environmental approval decision.

Timeline decision-making
The Ministry has 45 days from submission of the EIA report to make a decision on the environmental approval of the project.

Possibilities for appeal
The proponent may object to the Minister’s decision denying the Environmental Approval. The proponent has 15 days from the date he/she is informed of such a decision.
The Minister may appoint an independent panel of experts consisting of not less than three members with the appropriate technical experience to review the objection. This is at the expense of the proponent. The independent panel submits its recommendations to the Minister.
The Minister’s decision regarding the objection is considered final. The decision may be contested before the High Court of Justice.

Compliance monitoring
Both the EIA regulation and the Environmental Protection Law state that the Ministry shall monitor the compliance with the conditions and requirements stipulated in the Environmental Approval. The Ministry has inspection powers to this effect.

Non-compliance penalties
The Environmental Protection Law 2017 sets out a range of penalties for infringement of environmental regulation. These include the possibility to apply fines to anyone violating the conditions of an environmental approval, or operating an establishment without the required environmental approval. The operation of an establishment can also be suspended if it does not have the necessary approvals. For causing serious environmental damage, the penalties are higher and include the possiblity of prison terms.

Public participation requirements for ESIA process stages
The regulation includes requirements for public participation in the scoping phase. In this phase, the Ministry invites affected parties to comment on the draft ToR for the EIA.

No other requirement for consultation are given.

Access to information
Overall, the ESIA regulations states that the Ministry “shall make available to the concerned entities and upon their request” the information provided by proponent during the phases of the ESIA. In specific cases the Ministry may consider some of the data or information provided as confidential.
For the purpose of scoping, the Ministry and the Proponent have to make information on the project and its surrounding environment available to the affected parties consulted.
The decision on environmental approval of the project “shall be announced to the public in the manner that the Ministry deems appropriate”.
The Environmental Protection Law further states that the Ministry stall publish summaries of ESIA documents on their website.