Environmental Impact Assessment

Our company is planning to undertake a huge investment in the cotton industry and has obtained all the permits and licence for the carrying out of our project save for the environmental impact assessment certificate. We believe the authorities will not have an issue with our project since we have all the necessary documentation. In addition to this, a consultant informed us that not every project is required to obtain this certificate. However, our management team wants to be sure about this. Is it legal to undertake our project activities without this certificate as we do not see any environmental issues? Kindly guide us.
EM, Tabora

Matters concerning the environment are governed by the Environment Management Act, 2004 (EMA). According to EMA, Environment Impact Assessment (EIA) is a necessary requirement for projects listed in the Act. Section 81 of the EMA provides that any person, being a proponent or a developer of a project or undertaking of a type specified in the third schedule to the Act, to which environmental impact assessment is required to be made by the law governing such project or undertaking or in the absence of such law, by the regulations by the Minister, is required to undertake or cause to be undertaken, at his own cost, an environmental impact assessment study. Further, EIA study must be carried prior to the commencement or financing of a project or undertaking. Moreover, a permit or licence for the carrying out of any project or undertaking in accordance with any written law shall not entitle the proponent or developer to undertake or to cause to be undertaken a project or activity without an environmental impact assessment certificate issued under this Act. Be mindful that any person who contravenes the EIA requirement commits an offence.

For ease of understanding, the third schedule of EMA provides for projects which require EIA. These include in general: (a) any activity out of character with its surrounding; (b) any structure of a scale not in keeping with its surrounding; and (c) major changes in land use. Further, the schedule specifically lists project involving: Urban Development; Transportation; Dams, rivers and water resources; Aerial spraying; Mining, including quarrying and open-cast extraction; Forestry related activities; Agriculture; Processing and manufacturing industries; Electrical infrastructure; Management of hydrocarbons including the storage of natural; gas and combustible or explosive fuels; Waste disposal; Natural conservation areas; Nuclear Reactors; Major development in biotechnology including the introduction and testing of genetically modified organisms; and any other activity as may be prescribed in the Environmental Management (Environmental Impact Assessment and Audit) Regulations, 2005. Please comply with the law to avoid trouble with the authorities as it likelier than not that you will need an EIA in place. You may consult your lawyer for further guidance.