Environmental Impact Assessment as a tool for enforcing Environmental Law in the Oil and Gas Industry in Uganda

3.2 The National Environment Act 1995, Cap 153 (NEA)³⁹
The NEA provides for public in-put in the EIA, and environmental audits through the rights to participate, to information and the general right to bring actions to prevent or discontinue an activity or project with effects that are harmful to the environment.
It was derived from the National Environment Action Plan, which aimed to provide for the sustainable management of the environment and natural resources.
It creates the National Environment Management Authority (NEMA)⁴⁰ with the responsibility of supervising and coordinating activities related to management of the environment⁴¹ Under section 19(3)⁴², EIA is to be undertaken by the developer if the project is likely to have an impact on the environment, or is likely to have a significant impact on the environment, or will have a significant impact on the environment. The third schedule specifies the projects, which include oil refineries and petrochemical works. It also empowers local environmental committees to take action to redress local environmental concerns in furtherance of section 3(2) where Every person has a duty to maintain and enhance the environment, including the duty to inform the authority or the local environment committee of all activities and phenomena that may affect the environment significantly, the Statute creates a duty on the developer to take all measures necessary to seek the views of the people in the communities, which may be affected by the project during the process of conducting the study. Major provisions for the EIA process in the NES are contained under part V that defines and sets out the role and procedures of the EIA process for all activities likely to harm or have an impact on the environment.
1. A developer of a project is required to submit a project brief to the Lead Agency.
2. Where the development described in the brief is considered to have or likely to have any impact on the environment, an EIA shall be undertaken by the developer of the project.
3. Where the project is likely to have an impact on the environment, an environmental impact evaluation shall be conducted.
4. Where an environment impact assessment finds that the project will have a significant impact on the environment and after considering the environmental impact review or the environmental impact evaluation, an environmental impact study shall be conducted.