Niger

Screening process
The BNEE reviews the project brief, to ensure project categorization, and to determine which study (detailed or simplified ESIA) the project is submitted to.

Contents of the starting document
For projects in category A or B, it is necessary to submit a request for completion of the ESIA, together with the ToR of the study.

For non-categorized projects, the application must be accompanied by the project brief, including a description of the project and anticipated impacts. The BNEE proposes a categorization of the project to the Ministry in charge of environment (MESU / DD).

Timeline Screening
The BNEE has 5 days before the screening should be submitted to the Ministry. The Ministry subsequently has 5 days to share this with the project promotor.

Scoping process
For projects subject to an ESIA, the proponent develops Terms of Reference (ToR). The content of the ToR is not defined in the law.

Timeline scoping
The BNEE has 21 days to review the ToR and give its opinion on the ToRs the Ministry. The Ministry responds to these assessments to the proponent within seven days.

Contents of the ESIA report
According to Decree no. 2000-397, the minimum content of a detailed ESIA report is:

• An appreciative / non-technical summary;
• An introduction that outlines the report;
• A complete description of the project, including the planned activities, developments and works, as well as a description of the releases, an estimate of the project costs and the schedule of completion;
• An analysis of the initial state of the site and its environment;
• A sketch of the project’s political, legal and institutional framework;
• A presentation of the different possible variants of project realization (geographical location, technological availability, operational techniques), as well as a comparison of these variants and the selection of the preferable variant;
• Climate change adaptation and resilience planning and mitigation, and effects on threatened or declining migratory species and their habitats;
• Effects on gender and vulnerable people
• An assessment of the environmental risks and impacts (positive or negative, direct, indirect or cumulative in the short, medium and long term) related to the implementation of the project;
• Identification and description of preventive measures, control, suppression, mitigation and compensation of negative impacts;
• An Environmental and Social Management Plan that includes a mitigation and / or impact improvement program, an environmental monitoring program and a stakeholder capacity building program, an estimate of the costs of the various programs;
• A general conclusion that focuses on the main measures to be taken to limit and / or eliminate the most significant negative impacts;
• Annexes.

A simplified ESIA or Impact Notice has the same content but without the presentation of possible variants of the project.

Accreditation of consultants
The promoter uses a consultant approved by the MESU / DD. When the consultant is not under Nigerien law, he is required to enlist the services of a Nigerien consultant.

The BNEE is responsible for issuing approvals to environmental assessment consultants. The BNEE’s website lists approved consultants.

Review process
The analysis of the EA report to verify the validity of the content is organized by the BNEE.

This analysis includes a verification and public hearing mission as well as the examination of the report during a session of the ad hoc committee.

Review expertise
The ad hoc committee is made up of representatives of ministries, MESUDD and local governments. In total, the ad hoc committee can consist of more than 30 people (see source for an example).

The ad hoc committee meets for two or three days to discuss the elements of the ESIA and request explanations from the promoter, who must be present during the procedures.

Timeline Review
Analysis is conducted in 30 days, maximum.

Integration of ESIA into decision-making
The environmental assessment report is required to obtain the Certificate of Environmental Conformity (CCE).

The CCE is the authorization issued by MESUDD at the end of an administrative environmental assessment procedure to notify the environmental and social compliance of the project.

Decision justification
When the ESIA Report is rejected, a reasoned notification is made to the promoter.

(The law does not include requirements on the justification and publication of decisions)

Timeline decision-making
The final ESIA report is sent to MESUDD, which has 14 days to take a decision.

Compliance monitoring
The promoter is responsible for the implementation of the environmental and social specifications. It transmits to MESUDD the periodic reports on the implementation of the Environmental and Social Specifications. This Cahier enumerates the clauses, conditions and modalities of the implementation of the environmental and social obligations of the project.

The BNEE performs environmental monitoring / control of the Environmental and Social Specifications.

Non-compliance penalties
The CCE is suspended in the event of non-compliance with the provisions of the environmental and social specifications.

Public participation requirements for ESIA process stages
The provisional ESIA report is made public by the BNEE.

The BNEE analysis includes a verification and public hearing mission.

The ESIA reports are kept by the BNEE in paper and digital versions. They are made public and can be consulted by any natural or legal person who expresses the need.

(An order from the Minister responsible for the environment will define the modalities for public participation, but has not yet been published.)

Access to information
The ESIA reports are kept by the BNEE in paper and digital versions. They are made public and can be consulted by any natural or legal person who expresses the need.

Certain technical details of the processes may be withheld from public information upon a motivated request from the promoter deemed acceptable by the BNEE.