Senegal

Screening process
After the project notice is filed, DEEC organizes a site visit of the project in the company of some members of the technical committee. This visit allows to identify all the elements of sensitivity on the site and in the surrounding area in order to decide on the type of study to be carried out.

Timeline Screening
The DEEC has a maximum of 15 days to determine if an EIA is required for the project.

Scoping process
ToRs are required to establish an ESIA report.

Contents of the scoping document
According to 2001 Ministerial Decision 9471, ToRs must contain responses to the following topics:

• A description of the baseline state of the environment;
• An assessment of the effects of the project on the environment;
• An analysis of the project’s impact on local populations;
• An assessment of the measures envisaged for wastewater disposal, solid waste disposal and emission reduction;
• Identifying positive or negative impacts on the environment;
• An analysis of the possibilities available to measures to improve the environment;
• A presentation of the legal and institutional framework including environmental standards and licensing procedures;
• An assessment of the effects of the pricing, taxes and subsidies provisions affecting the environment;
• An assessment of the impacts generated with indication of the standards used;
• A review of the main alternatives with an estimate of the consequences of rejecting the project;
• A presentation of proposed mitigation measures or project variants to mitigate adverse environmental impacts;
• A comparative analysis of mitigation measures or project-variants;
• A list of measures to protect and/or resettle affected population groups;
• A non-technical summary of the main recommendations.

Contents of the ESIA report
According to 2001 Ministerial Stop 9472, the ESIA report should consist of:

• One title page;
• An appreciative/non-technical summary of the information provided including key study findings and recommendations;
• A table of contents;
• Lists of tables, figures and appendices;
• An introduction;
• A complete description of the project: project and site justification, expected objectives and results, determining the geographic boundaries of the project area, methods, facilities, products and others means used;
• An analysis of the initial condition of the site;
• A summary of the legal framework of the study;
• Description and analysis of project variants:
  – identification of feasible variants,
  – comparative analysis of variants,
  – justification for choosing the preferred variants,
  – description of the selected variable;
• An assessment of the impacts that the project is likely to generate at the end of operations;
• Risk of technological accidents;
• Identification and description of preventive measures to control, remove, mitigate and compensate negative impacts;
• Framework for environmental monitoring and monitoring. At the pre-construction phase, the developer will submit a detailed plan;
• A general conclusion based on the main measures to be taken to limit or eliminate the most significant negative impacts and to indicate the inadequacies that could reduce the validity of results;
• Appendices.

Accreditation of consultants
Article 42 of the Environmental Code’s implementation decree explains: “To ensure the quality of environmental assessments and to ensure the independence of thought, action and judgment, the design offices are approved to carry out EIA.”

Ministerial decision 9470 of 2001 specifies the deliverance of accreditation to carry out activities related to environmental impact studies. In addition, the judgment lists the conditions for receiving approval and content of the application for accreditation.

Review process
After receiving the EIA, the DEEC takes responsibility for the technical committee secretariat (CT) for the technical evaluation of the report. The CT assesses the quality of environmental impact assessment reports and the compliance of the report and the environmental impact assessment process under the terms of reference.

The CT’s opinion is not published. However, an account of the meeting is prepared and forwarded to the promoter as well as to the members of the technical committee.

The promoter has 15 days to deal with the CT’s department, prior to the public hearing.

Review expertise
According to Ministerial Decision No. 9469 of 2001, the Technical Committee is composed of:
Members of the Directors of Environment, Planning, Agriculture, Industry, Mines, Energy, Livestock, Urban Areas and Archaeology, the Institute of Environmental Sciences, the Infrastructure Agency , Investment promotion and major works, trade, water and forests, public works, National Weather; Protection of Vegetables (DPV), Hydraulics, Parks Tourism Promotion, Public Health, Land Development; CONGAD Executive Secretary; President of the Senegalese Association for Impact Studies; The President of the National Assembly (Committee on the Environment); President of the Senegal Union of Industrial Professionals; President of the Association of Rural Community Presidents; President of the Association of Mayors of Senegal; President of the National Council for the Rural Areas. A selection of members is chosen for each evaluation– not everyone.

Timeline Review
15 days maximum.

Integration of ESIA into decision-making
Any new project on the list of classified establishments applying for an operating permit must submit a file for an environmental impact assessment. The impact assessment is submitted by the proponent to the Ministry of the Environment, which issues a certificate of authorization after technical advice from the DEEC.

Decision justification
The decision on the impact study is the subject of a ministerial decree which is published in the Official Journal . The law does not indicate if a justification for the decision is necessary.
A presentation note containing the findings of the technical committee meeting and the public hearing is attached to the order. It is a justification for the decision

Timeline decision-making
The CT has 15 days to give an opinion on the environmental impact assessment report. After the promoter has the opportunity to improve its report and resubmit it within a maximum of 15 days to the DEEC. Then, the DEEC has one month to organize the public hearing. After the public hearing, the promoter still has 15 days to improve it, taking into the public’s suggestions. Recently, the DEEC has 15 days to approve or reject the report.

So in total between the first version of the report and final approval is a delay of up to 3 months.

Compliance monitoring
The proponent must implement the measures contained in the environmental and social management plan validated in the EIA.

The Environmental Impact Studies Division (EEIA) is in charge of monitoring the implementation of the Environmental Management Plans.

After the validation of the EIA, the promoter must submit environmental monitoring reports to the DEEC every semester.

Upon receipt of these monitoring reports, the DEEC conducts environmental monitoring missions to verify the compliance of activities with the validated environmental management plan. Environmental monitoring reports are prepared after each mission by the DEEC.

Non-compliance penalties
According to Article 94 of the Environmental Code, anyone who:

• carried out a project covered by Article L 50 without an impact study;
• carried out a project that did not meet the criteria, standards and measures set out in the impact study;
• opposes the completion of the controls and analyses provided for in this Act;

is punished with a fine of 2,000,000 to 5,000,000 FCFA and a sentence of six months to two years in prison or one of these two sentences.

In the event of non-compliance with the measures enacted in the environmental management plan, the DEEC withdraws the certificate of environmental compliance from the proponent. The retrait of this certificate results in the suspension of the project.

Public participation requirements for ESIA process stages
Ministerial Decision 9468 of 2001 contains the regulation of public participation in the environmental impact study.

Article two points out that the Environment Code allows public participation at all stages of the environmental impact study of projects to ensure better decision-making. Public participation follows the following procedure:

• announcement of the initiative by posting to the town hall or to governance and/or press release (written or spoken);
• filling documents with the town hall or the local community concerned;
• holding an information meeting
• collecting written and oral comments;
• negotiations if needed;
• preparation of the report.

Regarding the last element: The CT in relation to the promoter holding a public hearing based on the return of the report of the report. The CT secretariat (DEEC) prepares a public hearing report after one week.

Timeline for public comments
After the second submission of the report by the proponent (after the opinion of the CT), the DEEC has one month to organize the public consultation. After the public consultation, the promoter has still 15 days to improve it, taking into account the suggestions of the public.

Access to information
According to Article 11 of the Environmental Code Implementation Decree, the decision on the impact assessment is the subject of ministerial decree set in the Official Journal.