Environment Protection Agency (Environmental Impact Assessment Licence) Regulations, 2010 (S.I. No. 14 of 2010)

STATUTORY INSTRUMENT NO. 14 OF 2010 Published 2nd December, 2010 THE ENVIRONMENTAL PROTECTION AGENCY ACT, 2008 (ACT NO. 8 0F 2008) THE ENVIRONMENT PROTECTION AGENCY (ENVIRONMENTAL IMPACT ASSESSMENT LICENCE) REGULATIONS, 2010 In exercise of the powers conferred upon it by section 62 of the Environment Protection Agency Act, 2008 the Board hereby makes the following Regulations: 1. (1) Any person who wishes to undertake or cause to be undertaken any of the projects set out in the First Schedule to the Act shall apply to the Agency for a licence. (2) The application shall be in the form set out in the First Schedule. (3) The application shall be accompanied by a description of the project to be undertaken which shall include (a) the design of the project; (b) in the case of construction, the materials to be used in the project; (c) the number of people to be employed by the project; (d) the projected areas of land, air or water that may be affected by the project; (e) the estimated total capital expenditure. STATUTORY INSTRUMENT Supplement to the Sierra Leone Gazette Vol. CXLI, No. 85 dated 2nd December, 2010 Short title. Application for licence. Jonathan Sharkah Bishop T. A. Koroma Member Member K. K. Dabo Member EXPLANATORY NOTES These Notes do not form part of these Regulations but are intended to explain the purport of the Regulations. Licences are granted by the Environment Protection Agency to enable a person (whether an individual or a company) to undertake the projects set out in the First Schedule to the Environment Protection Agency Act, 2008. The fees charged for the issuance of a licence depend on the factors set out in the Third Schedule. 8 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE. GAZETTE NO. 85 OF 2ND DECEMBER, 2010. 2. On the approval of the environment impact assessment submitted under section 26 of the Act, the Agency shall issue a licence to the applicant in the form set out in the Second Schedule. 3. (1) The Agency shall charge the fees set out in the Third Schedule for the issuance of a licence which shall include the cost of monitoring. (2) The fees charged for the issuance of a licence shall be on a weighted points system taking into account factors such as (a) the project's capital outlay or investment; (b) the project's location relative to human settlements; (c) the total land area to be covered by the project; (d) the nature of project activities; (e) the impact of the project's activities on the environment; and (f) the level of environmental pollution engendered by the project activities. 4. (1) The Agency shall monitor the activities of a licence holder for the purpose of ensuring that the terms and conditions of the licence and other requirements of the Act are complied with. (2) The monitoring of the activities of a licence holder shall relate to– (a) the area and complexity of the project and the project site; (b) the potential area of impact of the project; (c) the intensity of the impact; (d) whether there is a substantial change or modification in the project or in the manner in which the project is being undertaken; (e) whether the project poses a threat to the environment which could not have been reasonably foreseen at the time of the submission of the environmental impact assessment; 2 Fees for licence. Monitoring of activities of licence holders. Issuance of licence. (f) the implementation of mitigation measures provided for in the environmental impact assessment. FIRST SCHEDULE Application for licence 1. Name of applicant. 2. Address of applicant. 3. Address of applicant if it is a subsidiary of a company registered outside Sierra Leone. 4. Project for which application is made. 5. Area both in location and in hectares in which project will be undertaken. 6. Period within which project will be undertaken. SECOND SCHEDULE SIERRA LEONE ENVIRONMENT PROTECTION AGENCY LICENCE TO UNDERTAKE PROJECT This is to certify that (Name of company) of (address of company) has been authorized to undertake (list project for which licence is to be issued). The licence shall be subject to the following conditions (state the conditions subject to which the licence is issued) The licence shall expire on (state the date of expiration of licence) Issued this day of , 20 Executive Chairman 3 THIRD SCHEDULE LICENCE FEES Point based Criteria for determination of Licences Fees Score Log Scale of Score 1 Project's Capital Outlay/investment (USD) 1.1 Below 100,000 30 1.48 1.2 Between 100,000 - 500,000 40 1.60 1.3 Between 500,000-1,000,000 50 1.70 1.4 Between 1,000,000 - 5,000,000 60 1.78 1.5 Between 5,000,000 -10,000,000 65 1.81 1.6 Between 10,000,000 -20,000,000 70 1.85 1.7 Between 20,000,000 -30,000,000 75 1.88 1.8 Between 30,000,000 -50,000,000 80 1.90 1.9 Between 50,000,000 -100,000,000 85 1.93 1.10 Between 100,000,000 -150,000,000 90 1.95 1.11 Between 150,000,000 -200,000,000 95 1.98 1.12 Above 200,000,000 100 2.00 2. Project location relative to human settlements 2.1 In or near ecologically sensitive areas (coastal and marine areas, hill tops etc) 100 2.00 2.2 Distance (Kilometres) from human settlements 2.2.1 0.5 - 1 100 2.00 2.2.2 1 - 5 80 1.90 2.2.3 5 - 10 40 1.60 2.2.4 10 - 15 20 1.30 2.2.5 15 - 20 10 1.00 3 Concession or total area of project activities 3.1 Less than 1 hectare 10 1 3.2 1-2.4 Hectares 25 1.40 3.3 2.4 - 47 hectares 75 1.88 3.4 Above 47 hectares 100 2.00 4 Type of Project activities 4.1 Blasting (use of explosives) 100 2.00 4.2 Excavation (mining, road construction, housing etc) 75 1.88 4.3 Dredging 50 1.70 4.4 Land use change (e.g. from forestry to agriculture, mining, roads, housing etc) 80 1.90 4.5 Underground activities (such as underground mining) 100 2.00 4.6 Logging 100 2.00 4.7 Vegetation clearing ( football fields, factories, drying floors) 100 2.00 5 Impact on the natural environment 5.1 Biodiversity loss 75 1.88 5.2 Deforestation 75 1.88 5.3 Diversion of waterways 100 2.00 5.4 Bush fires 100 2.00 5.5 Erosion of top soil 75 1.88 5.6 The project impact on beaches 100 2.00 5.7 The project impact on mangroves 100 2.00 5.8 The project impact on estuaries and refuge of fish and crustaceans 100 2.00 5.9 Potential for large scale oil spill 100 2.00 6 Environmental pollution 6.1 Effects on air quality (Green house gases, CFCs, etc) 100 2.00 6.2 Effects on water quality 100 2.00 6.3 Land contamination (soil quality) 100 2.00 6.4 Exposure of naturally occurring heavy metals, sulphur etc 100 2.00 6.5 High Noise levels 75 1.88 6.6 use or production of ozone depleting substances 100 2.00 Score Log Scale of Score 4 5 6.7 Solid Waste generation 25 1.40 6.8 Chemical and Hazardous wastes 75 1.88 6.9 Process produces forbidden chemicals 75 1.88 6.9.1 Use of inorganic fertilizers 45 1.65 6.9.2 Use of insecticides/pesticides 50 1.70 6.9.3 Use herbicides 30 1.48 6.9.4 Potential pollution of sporadic nature 75 1.88 7 Occupational, Health and Safety risks 7.1 Noise level - for operators and support staff of machinery 25 1.40 7.2 Fire and electrical hazards 25 1.40 7.3 Dust, fumes, smoke and fuel fumes 75 1.88 7.4 Potential for explosions 75 1.88 7.5 Accidents (machinery operation) 100 2.00 7.6 Exposure to chemicals hazardous to human health 100 2.00 7.7 Vibrations of machinery (drills, rock breakers etc) 25 1.40 8 Type of monitoring required 8.1 Air quality monitoring 75 1.88 8.2 Water quality monitoring 75 1.88 8.3 Soil quality monitoring 75 1.88 8.4 Human health (epidemiological trends from DHMT) 75 1.88 8.5 Biodiversity Monitoring 75 1.88 9 Social Impact 9.1 Resettlement or relocation 100 2.00 9.2 Loss of livelihoods from loss of land, forest and non forest resources 100 2.00 9.3 Loss of cultural heritage (sacred bushes, graveyards) 50 1.70 Score Log Scale of Score 6 9.4 The project is going to obstruct economic activities (fishing, farming etc) 100 2.00 Total 10 Impact Scale: cost per point (USD) 10.1 Huge Scale 4000 above 89 10.2 Large impact Scale projects 3000 60-89 10.3 Medium impact scale projects 2500 45-59 10.4 Small impact scale projects 2000 34-44 10.5 Minor impact scale projects 1500 24-33 10.6 Minute impact scale projects 1000 14-23 10.7 Insignificant impact 5000 4-13 11 Monitoring fees 20% of licence fee MADE this 11th day of November, 2010. Haddijatou Jallow Dan Mason Executive Chairman Member John Tommy Thomas R. A. Winebah Member Member Abu Bangura Sheku A. Mansaray Member Member Score Log Scale of Score 7