Environmental and Social Impact Assessment

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PROCLAMATION NO 299/2002 ENVIRONMENTAL IMPACT ASSESSMENT

WHEREAS, environmental impact assessment is used to predict and manage the environmental effects which a proposed development activity as a result of its design sitting, construction, operation, or an ongoing one as a result of its modification or termination, entails and thus helps to bring about intended development;

WHEREAS, assessment of possible impacts on the environment prior to the approval of a public instrument provides an effective means of harmonizing and integrating environmental, economic, cultural and social considerations into a decision making process in a manner that promotes sustainable development,

WHEREAS, the implementation of the environmental rights and objectives enshrined in the Constitution would be fostered by the prediction and management of likely adverse environmental impacts, and the maximization of their socioeconomic benefits.

WHEREAS, environmental impact assessment serves to bring about administrative transparency and accountability, as well as to involve the public and, in particular, communities in the planning of and decision taking on developments which may affect them and its environment;

NOW, therefore, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

PART ONE

  1. Short Title

This Proclamation may be cited as the “Environmental Impact Assessment Proclamation No. 299/2002.”

  1. Definitions

In this Proclamation:

1) “Authority” means the Environmental Protection Authority;

2) “Environment” means the totality of all materials whether in their natural state or modified or changed by human; their external spaces and the interactions which affect their quaUtyor quantity and the welfare of human or other living beings, including but not restricted to, land atmosphere, whether and climate, water, living things, sound, odor, taste, social factors, and aesthetics;

3) “Environmental Impact Assessment” means the methodology of identifying and evaluating in advance any effect, be it positive or negative, which results from the implementation of a proposed project or public instrument;

4) “Impact” means any change to the environment or to its component that may affect human health to safety, flora, fauna, soil, air: water, climate, natural or cultural heritage, other physical structure, or in general, subsequently alter environmental, social, economic or cultural conditions;

5) “Licensing Agency” means any organ of government empowered by law to issue an investment permit or a trade or operating license or a work permit or to register a business organization, as the case may be;

6) “Person” means any natural or juridical person;

7) “Pollutant” means any substance whether liquid, solid or gas which directly or indirectly:

  1. a) Alters the quality of any part of the receiving environment so as to affect its beneficial use adversely, or
  2. b) Produces toxic substances, diseases, objectionable odour, radioactivity, noise, vibration, heat, or any other phenomenon that is hazardous or potentially hazardous to human health or to other living things.

8) “Project” mans any new development activity under any category listed in any directive issued pursuant to this Proclamation, major expansion or alteration or any existing undertaking, or any resumption of work that had been discontinued;

9) “Proponent” means any organ of government if in the public sector or any person if in the private sector that initiates a project;

10) “Public instrument” means a policy, a strategy, a program, a law or an international agreement;

11) “Region” means any of those parts of Ethiopia specified as Regions under Article 47(1) of the Constitution of the Federal Democratic Republic of Ethiopia and, for the purpose of this Proclamation, includes the Addis Ababa and Dire Dawa Administrations;.

12) “Regional Environmental Agency” means any regional government organ entrusted by that Region with a responsibility for the protection or regulation of the environment and natural resources.

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