Submitting Terms of Reference

A Term of Reference is concise document submitted to the National Environment Management Authority together with a Project Scoping in accordance with Section 13 and 14 of THE NATIONAL ENVIRONMENT (ENVIRONMENTAL AND SOCIAL ASSESSMENT) REGULATIONS, 2020 as a prerequisite before submission of an ESIA.

Consideration of terms of reference by the Authority

1. The developer shall submit the terms of reference for the environmental and social impact study to the Authority.
2. Where the Authority is the developer, it shall submit its terms of reference for the environmental and social impact study to the technical committee on environment and social assessment referred to under regulation 12(5).
3. The Authority shall, on receipt of the terms of reference submitted under subregulation (1), consider the terms of reference and may, within seven days of receipt—
   • consult a lead agency or persons likely to be affected by the project, where applicable;
   • require that an environmental risk assessment under Part V of these Regulations be undertaken in tandem with the environmental and social impact study;
   • approve the terms of reference and require the developer to undertake an environmental and social impact study;
   • request the developer to make amendments to the terms of reference as the Authority may require and to re-submit the terms of reference within three weeks for consideration; or
   • reject the terms of reference where—
     • the project should not be undertaken at all;
     • the terms of reference do not adequately take into account the requirements of regulation 13(4); or
     • the developer does not amend the terms of reference in accordance with paragraph (d).
4. The Authority shall, where it rejects the terms of reference under subregulation (3)(e), state the reasons for the decision in writing.
5. The terms of reference approved under subregulation (3)(c) shall be valid for a period not exceeding six months from the date of approval unless the period is extended by the Authority in writing.
6. Where the terms of reference are for a project similar to an earlier one in the same location, the Authority may take into account previous environmental and social impact assessments, where applicable, submitted by the same developer, to avoid duplication of environmental and social impact assessments.
7. Where the Authority considers previous environmental and social impact assessments as part of the terms of reference submitted under subregulation (1) or subregulation (6), it may require the developer to undertake an environmental and social impact study only in respect to specific aspects to be assessed or where the baseline information may have substantially changed.
8. The process under this regulation shall apply to the terms of reference submitted by the Authority to the technical committee on environment and social assessment as the developer, for review and recommendation to the Board for consideration.

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Submit a ToR