Content. Introduction chapter. I the Environmental Impact Assessment (eia) process

chаptеr II аlsо includеs Ecological and Environmental Problems

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list оf usеd litеrаturе includеs thе nаmеs оf thе bооks аnd mаgаzinеs thаt I utilizеd during thе rеsеаrch.



CHAPTER.I The Environmental Impact Assessment (EIA) process.

1. 
   Legal and Institutional framework of the Environmental impact assessment process.
   

The third schedule of the National Environment Act, Cap 153, requires environmental impact assessments to be carried out for oil exploration and production activities before implementation, EIAs identify, predict, evaluate and propose mitigation measures for the likely adverse impacts on the environment due to planned activities/projects. The obligation to carry out environmental impact assessments lies with the developers, however the National Environment (Conduct and Certification of Environmental Practitioners) Regulations, 2003 provides for registration and certification of environmental practitioners who carry out environmental impact studies on behalf of developers¹ to ensure that the assessment is made by genuine individuals.
Also the Environment Management Policy recognizes that assessment and evaluation of development activities and land use practices that have impacts on the environment is essential. In this respect, the policy also aims to provide a system of EIA and environmental monitoring so that adverse environmental impacts can be foreseen, eliminated or mitigated. The policy lays down strategies in relation to EIA²
These are, to: create by law an EIA process which requires, as appropriate, EIAs, EIS³s and EA⁴s for all private and public development projects; lodge the EIA oversight function in the National Environment Management Authority (as approved) but leave implementation to the relevant line ministries and departments; and develop EIA capacity/capability in sectoral ministries and departments.
Section 19 of National Environment Act⁵ requires a developer of a project described in the Third Schedule to the Act to submit a project brief to the lead agency, in the prescribed form and give the prescribed information. Under the third schedule, generally an activity out of character with its surrounding; any structure of a scale not in keeping with its surroundings; or major changes in land use are to be subject to EIA.
EIA is required to be undertaken by the developer where the lead agency, in consultation with the Executive Director, is of the view that the project may have an impact on the environment; is likely to have a significant impact on the environment; or will have a significant impact on the environment.⁶
The EIA required above shall be appropriate to the scale and possible effects of the project, and accordingly where the project may have an impact on the environment, an environmental impact review shall be conducted; where the project is likely to have an impact on the environment, an environmental impact evaluation shall be conducted; or where the project will have a significant impact on the environment, an environmental impact study shall be conducted.⁷
Where the lead agency, in consultation with the Authority, is satisfied that an environmental impact review or an environmental impact evaluation conducted as stated above does not disclose possible significant impact on the environment, it may approve the environmental aspects of the project. However, where the lead agency, in consultation with the Authority is satisfied, after considering the environmental impact review or the environmental impact evaluation, that the project will lead to significant impact on the environment, it will require that an environmental impact study be conducted.⁸
According to section 20, where a project has been determined under section 19 as requiring an environmental impact study, the developer is required, after completing the study, to make an Environmental Impact Statement (EIS) in the prescribed form and in the prescribed manner. The EIS is to be made according to guidelines established by the Authority.⁹ EIS is made to the Authority, to the lead agency or any other person requesting it.¹⁰ The lead agency which receives an EIS under section 20 is, in consultation with the Authority, required to study it and if it considers it to be complete shall deal with it in the manner prescribed.¹¹

Later the consistent and modern efforts witnessed a number of activities successfully undertaken and leading to the development of the sector. These include the following¹²;
The 1983 acquisition of aeromagnetic data over the entire Albertine Graben results which confirmed three main depocentres conducive for petroleum generation, enactment of the Petroleum Exploration and Production Act which took place in 1985.Creation of a specialized petroleum unit in the Geological Survey and Mines Department. This unit was transformed into PEPD in 1991, 1992 saw licensing of PETROFINA for the entire Albertine Graben. PETROFINA left in 1993 without doing any work, in 1993, PEPD¹³ commenced ground follow-up surveys in the areas identified by the aeromagnetic survey. Over 10,000 Km² of the Albertine Graben was geologically mapped and 7,500 line Kms of gravity and magnetic data was acquired by PEPD. This data was processed, interpreted and used for promotion of Uganda’s petroleum potential to investors. EA3 (Semliki basin) was licensed to Heritage Oil and Gas in 1997 which acquired the first 170 line Kms of 2D seismic data in the country in 1998. An additional 228 line Kms were acquired during 2001 in Semliki basin, south of Lake Albert. In 2001, EA2 (Northern Lake Albert Basin) was licensed to Hardman Petroleum Resources, The year 2002-2004 saw significant oil and gas shows after drilling the Turaco-1, -2 and -3 wells in Semliki Basin. In the same period, 1,589 line Kms of 2D seismic over Lake Albert and 390 Km2 of 3D seismic data in Semliki basin were acquired¹⁴
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The quest oil, however, also raised very many environmental concerns regarding nature, scale and location as energy development projects are commonly associated with prevalent environmental impacts in most cases the conversion transportation and final utilization of many forms of energy are harmful to the environment for example at the global level energyA activities give rise to phenomena such as global warming, climate change and pollution of water air while at the local level energy is strongly linked to deforestation, destruction of eco system, micro-climate change and displacement of people and communities.¹⁵
It is thus very important that the relationship between energy and the environment are controlled and systematically integrated into the country’s overall development process which has in Uganda been done through the Environmental Impact Assessment processes which have sought to enforce Environmental Law in the oil and gas industry among other safeguards which include¹⁶;


• Ensuring the availability of the necessary institutional and regulatory framework to address environment and biodiversity issues relevant to oil and gas activities.
• Ensuring capacity building for the necessary manpower to monitor the impact of oil and gas activities on the environment and biodiversity.
• Requiring oil companies and their contractors/subcontractors to use self regulation and best practices in ensuring environmental protection and biodiversity conservation.
• Require oil companies and any other operators to return all operational sites to their original condition as an environmental obligation.
These have been incorporated in the environmental legal and institutional framework alongside the Environmenatl Impact Assessment so as to attain the enforceability of environmental in the oil and Gas industry as espoused below;
The Constitution¹⁷ provides among its National Objectives¹⁸ that utilization of natural resources shall be managed in such a way as to meet the development and environmental needs of the present and future generations of Uganda, particularly taking all measures to prevent or minimize damage and destruction to land, air, water resources resulting from pollution or any other kind of natural resource degradation. the state shall promote sustainable development and public awareness of the need to manage land, air and water resources in a balanced manner for present and future generations
Art.39¹⁹ provides that every Ugandan has a right to a clean and healthy environment. Art.237(b)²⁰ in turn, provides that the government or Local Government as determined by Parliament by law shall hold in trust for the people and protect natural lakes, rivers, wetlands, forests, game and forest reserves, National Parks and any land to be reserved for ecological and to touristic purposes for the common good of all citizens. This right carries with it the duty of the citizen to protect the environment.
Under Art.244, the constitution²¹ provided for minerals but did not provide for oil and gas It provided that parliament should enact laws regulating the exploitation and development of minerals, and such exploitation should take into account the interests of the individual
Land owners, local governments and the government the article did not envisage the minerals as being the property of the government²²This position was changed by the Constitution (Amendment) Act 11 of 2005, which provides that ‘All minerals and petroleum in, on or under any land or waters in Uganda are vested in the Government on behalf of the Republic of Uganda.²³in effect the government become not just the trustee but the owner of the natural resources including oil/petroleum²⁴,this also meant that land could be acquired compulsorily and compensation given to the inhabitants²⁵ of the area even with the presence of the right to non deprivation of land.²⁶
This development also imposed a duty on the government to put into consideration the Environmental laws before it embarks on the exploration or the mining of minerals making it its obligation to carry out the Environmental Impact Assessment and then act accordingly as provided for in the next legislations.