Uganda

Screening process
A ministry, department or agency of government (MDA) shall, in consultation with NEMA and any relevant lead agency, undertake screening of a PPP, to determine whether SEA is required.

The result of a screening is recorded in a screening form gives:

• An indication whether the implementation of the PPP will result in significant environmental, health and social effects;
• A statement on the scale, scope and possible cumulative effects of potential environmental, health or social issues;
• A justification for undertaking or not undertaking the strategic environmental assessment;
• Any other information set out in Schedule 2.

The results will be recorded in a screening form, which is submitted to the multi-sectoral technical committee for consideration and advice.

The MDA then decides whether or not SEA is required. The screening form is made available to the public.

Source information The national environment (Strategic Environmental Asessment) Regulations, 2020, article 8 and Schedules 1 and 2. Schedule 1 of the SEA regulations 2020 mentions 12 categories of PPPs for which SEA is required.

Timeline Screening
not specified

Identification of stakeholders
The SEA guidelines 2020 state that the MDA responsible for the PPP should carefully conduct the stakeholder analysis to identify stakeholders and prepare a communication plan to be used throughout the SEA process.

Stakeholder consultations may be part of screening for SEA. Active public engagement and stakeholder involvement should take place from the scoping stage onwards, including during the review of the draft SEA Report and even during PPP monitoring.

Source information SEA guidelines 2020, chapter 3.10 and chapter 4. https://www.nema.go.ug/projects/guidelines-strategic-environmental-assessment-sea-uganda

Setting SEA objectives
SEA objectives are set as a part of scoping. They are a way of considering the environmental, social and health impacts of, and opportunities for PPP and comparing the impacts of alternatives. They serve a different purpose from the objectives of the PPP, although in some cases they may overlap.

Source information SEA guidelines 2020, part on scoping

Scoping process

Scoping involves:

• Identification of the objectives, geographical scope, timeframe and justification of the SEA;
• Identification of strategic environmental, health and social concerns that need to be addressed by the policy, plan or programme, for informed decision-making;
• An assessment of the status quo of the area of focus;
• Identification of the likely transboundary environmental, health and social issues and impacts;
• Identification of information gaps;
• Identification of linkages with other sectoral policies, plans and programmes;
• Consultations with relevant lead agencies and other stakeholders;
• Determination of the manner, timing, subject and methods of stakeholder participation and consultation;
• Identification of the appropriate scoping methodology and justification for the methodology selected for the conduct of the scoping exercise;
• Determination of any other issues to be assessed.

The MDA shall, after scoping, compile the findings of the scoping exercise and prepare a scoping report.

The findings in the scoping report also inform the ToR for the SEA. The ToR include the proposed composition and scope of work of the team of persons with relevant qualifications, experience, skills and expertise to undertake the SEA.

Source information The national environment (Strategic Environmental Assessment) Regulations, 2020, article 9 SEA guidelines 2020, part on scoping

Participation in scoping
Consultations with relevant lead agencies and other stakeholders during scoping shall be undertaken at least twenty-one days before the preparation of the scoping report and shall be taken into account in the compilation of the report. Comments need to be provided within fourteen days of consultations, or such further period as the MDA may determine.

The MDA shall also consult NEMA and relevant lead agencies and obtain their comments before approving the ToR, who will have to submit their comments within seven days from the date of receipt of the request for comments.

Source information The national environment (Strategic Environmental Assessment) Regulations, 2020, article 9 SEA guidelines 2020, part on scoping and parts on stakeholder consultations (3.10 and 4).

Baseline data
The SEA guidelines contain a separate chapter which provides guidance on data collection, baseline information and background studies needed during scoping.

Source information SEA guidelines 2020, part on scoping

Alternatives
Scoping will include a brief description of the type and range of reasonable alternatives that are or could be considered. While it is not a requirement at this stage and in many cases it may be too early to define alternatives, inclusion allows those being consulted to understand what alternatives are likely to be addressed in the assessment.

Source information SEA guidelines 2020, part on scoping

Assessment/mitigation of effects
A summary of the intended approach to the assessment and its level of detail is suggested to be part of scoping. This can include details of proposed environmental, health and social objectives or indicators which may be used to support an assessment or other methods of assessment. It can be useful to include an example of the proposed approach.

Source information SEA guidelines 2020, part on scoping

Documenting results
An SEA report is required.

Source information The national environment (Strategic Environmental Assessment) Regulations, 2020, article 12

Content of SEA report
The SEA shall take into account:

• The characteristics of the PPP;
• The degree to which the PPP:

1. influences, relates to, or affects other PPPs, applicable laws, regional and international protocols and treaties; or
2. integrates environmental, health and social considerations, in particular with a view to promoting sustainable development
3. incorporates emerging environmental, health and social issues, including climate change, gender and safety
4. incorporates cross-cutting issues relevant to the different lead agencies; and
5. takes into account likely transboundary environmental, health and social issues and impacts.

• Direct, indirect and cumulative environmental, health and social impacts;
• Scenario analyses to determine strategic alternatives and options;
• Identified information gaps, including any difficulties such as technical deficiencies or lack of know-how encountered in compiling the required information, and the need for more information;
• Linkages with other sectoral PPPs;
• The evaluation of likely positive and adverse environmental, health and social impacts of the implementation of a PPP;
• Rcommendations for decision making, including measures for enhancement and mitigation of impacts;
• The scope and nature of residual impacts;
• Monitoring requirements for implementation of the recommendations, including monitoring indicators and timeframes for review cycles applicable to the PPP;
• Any other information that may be necessary

The SEA shall, in order to control adverse environmental, health and social impacts, include a strategic environmental and social management and monitoring plan which shall outline the measures to be taken during the implementation of the policy, plan and programme.

Source information The national environment (Strategic Environmental Assessment) Regulations, 2020, articles 10 and 12 and Schedule 4, which provides a format for the SEA report. SEA guidelines, 2020 Chapter 3 on conduct of SEA

 

Review process
The scoping report and ToR for the SEA shall be reviewed and approved by the multi-sectoral technical committee set up for the SEA.

Review of the SEA report takes place when the MDA convenes a meeting of the multi-sectoral technical committee to validate the SEA report.

Source information The national environment (Strategic Environmental Assessment) Regulations, 2020, articles 9 and 14

Participation in review
There are no possibilities for participation during review other than through the multisector technical committee.

During the conduct of the SEA however, the MDA is requirered to consult NEMA, relevant lead agencies and other relevant stakeholders, including persons likely to be affected by the policy, plan or programme.

The consultations shall be undertaken at least thirty days before the preparation/finalisation of the SEA report and shall be taken into account in the compilation of the report.

Stakeholders shall provide their comments to the MDA within twenty-one days of consultations, or such further period as the MDA may determine.

The MDA shall keep evidence of stakeholder participation and involvement during consultations and that evidence shall form part of the SEA report.

Source information The national environment (Strategic Environmental Assessment) Regulations, 2020, article 11

Timeline review
The validation meeting by the multisector technical committee shall take place within 30 days of finalisation of the SEA report. The MDA shall subsequently, within 30 days of the validation meeting, prepare the final SEA report incorporating stakeholder comments and recommendations.

Source information The national environment (Strategic Environmental Assessment) Regulations, 2020, article 14 and 15

SEA and planning decision-making
After approval of the SEA report by the MDA, it shall integrate the recommendations of the final SEA report into a PPP. Upon submission of the PPP for approval the MDA will need to include a statement summarising how the recommendations were incorporated. It will also need to attach the final SEA report where it is produced as a separate document following the chosen approach for the conduct of the SEA.

 

Source information The national environment (Strategic Environmental Assessment) Regulations, 2020, article 16

Justification of decision
Upon submission of the PPP for approval the MDA will need to include a statement summarising how the SEA recommendations were incorporated.

Source information See also provisions in Chapter 5 of SEA guidelines, 2020 on informing and influencing decision making.

Monitoring and evaluation
An MDA shall, in collaboration with NEMA and relevant lead agency, monitor and evaluate the implementation of the recommendations of the final SEA report. The monitoring and evaluation mechanisms shall, as appropriate, form part of the existing monitoring frameworks for the PPP.

 

Source information The national environment (Strategic Environmental Assessment) Regulations, 2020, article 18 See also provisions in Chapter 6 of SEA guidelines 2020, on monitoring and evaluation.