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Investment Regulation:
The Ministry of Land, Survey, Natural Resources and Environment is responsible for governing the environmental aspects of major business activities, under the Environmental Impact Assessment Act 2003 and its associated regulations.
Should a proposed activity fall within the definition of ‘major project’, the proponent should notify the Ministry by completing and submitting a prescribed form. The Ministry will then advise within 30 working days whether an environmental impact assessment of the project is required, or alternatively, whether additional information is required before a decision can be reached. If, after 30 working days, the proponent has not received a response from Ministry, then the proponent can assume that no environmental impact assessment is required.
Should the Ministry deem that an environmental impact assessment is required, undertaking it and submitting it to the Ministry is the responsibility of the project proponent. The assessment should be appropriate for the scale and intensity of the proposed activity and should be submitted with a copy of the development application. Once the assessment has been received by the Ministry, it will be reviewed and a decision will be conveyed to the proponent with or without conditions.
The Ministry will be assisted in its consideration of environmental impact assessments by an Environmental Assessment Committee Secretariat with public and private representation. In completing the impact assessment, the Proponent may seek the assistance of the EAC Secretariat in determining what degree of assessment should be undertaken. The Minister’s written advice in such matters shall be final. At its discretion, the Ministry may also deem an environmental impact assessment completed under the law of a foreign country to fulfil the requirements of the Act.
The factors to be taken into account by the Minister and the Secretariat when considering the likely impact of an activity upon the environment should include whether that activity may cause:
- a) Any environmental impact upon a community
b) Any transformation of a locality
c) Any environmental impact upon the ecosystems of a community
d) Any diminution of the aesthetic, recreational, scientific or other environmental quality or value of a locality
e) Any effect upon a locality, place or building having aesthetic, archaeological, architectural, cultural, historical, scientific, social significance or any other special value for present or future generations
f) Any endangering of any species of flora or fauna
g) Any long-term effects upon the environment
h) Any degradation of the quality of the environment
i) Any risk to the safety of the environment
j) Any curtailing of the beneficial uses of the environment
k) Any pollution of the environment
l) Any environmental problems associated with the disposal of waste
m) Any increased demands upon resources, natural or otherwise, which are, or likely to become, in short supply
n) Any effect upon the supply of electricity, water, waste collection services, telephone or other services
o) Any increase in the amount or duration of traffic generated by either the construction of the development or by its consequent use
p) Any cumulative effect with any other existing or likely future activities.
Relevant contacts & links:
Environment Department
