Enhancing professionalism in environment management and practice eik central

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ENHANCING PROFESSIONALISM IN ENVIRONMENT MANAGEMENT AND PRACTICE EIK CENTRAL REGIONAL WORKSHOP – 25 th NOVEMBER 2016 OUTSPAN HOTEL – NYERI PRESENTED BY: JOYCE GACHUGI- WAWERU – EIA/EA LEAD EXPERT
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Transcript of Enhancing professionalism in environment management and practice eik central

  • ENHANCING PROFESSIONALISM IN ENVIRONMENT MANAGEMENT AND PRACTICE

    EIK CENTRAL REGIONAL WORKSHOP 25th NOVEMBER 2016

    OUTSPAN HOTEL NYERI

    PRESENTED BY: JOYCE GACHUGI- WAWERU EIA/EA LEAD EXPERT

  • AGENDA

    OVERVIEW: : EIA/EA PROCESS IN KENYAKEY ASPECTS OF EIA/EA PROCESSCHALLENGES : EIA/EA PROCESS IN KENYACASE STUDIES OF CHALLENGES IN EIA/EA PROCESS IN KENYAWAY FORWARD: SOLUTIONS TO CHALLENGES

  • AGENDA

    OVERVIEW: : EIA/EA PROCESS IN KENYAKEY ASPECTS OF EIA/EA PROCESSCHALLENGES : EIA/EA PROCESS IN KENYACASE STUDIES OF CHALLENGES IN EIA/EA PROCESS IN KENYAWAY FORWARD: SOLUTIONS TO CHALLENGES

  • The EIA/ EA process in Kenya is anchored in the Environmental Managementand Co-ordination Act, 1999;

    Specifically defined by the Environmental (impact Assessment and Audit)Regulations, 2003;

    The processes are regulated, monitored and supervised by the NationalEnvironmental Management Authority (NEMA)

    NEMA has registered entities/individuals who undertake the process poolof professionals lead & associate experts;

    EIAs and EAs are management tools used to mitigate environmental risks;

    OVERVIEW : EIA/EA PROCESS IN KENYA

  • ENVIRONMENTAL IMPACT ASSESSMENT PROCESS

    Environmental Impact Assessment EIA Systematic analysis of projects to determine their potential environmental impacts, significance of these impacts and measures to mitigate the negative ones;

    It is a participatory process integrates the concept of right-to-know;

    It is both a planning and decision-making tool;

    As a planning tool it presents methodologies to identify, predict and evaluate potential environmental impacts of projects;

    As a decision making tool it provides information necessary to determine whether or a not a project should be implemented;

    It is multi-faceted in nature it incorporates varied aspects and knowledge;

    It creates the baseline for future risk management evaluations for projects;

    It is the environmental GOLD STANDARD for compliance for projects globally!

  • ENVIRONMENTAL AUDIT (EA) PROCESS EAs are management tools Systematic, Periodic and Objective

    evaluations of how effective environmental management is performing;

    It is both precautionary and proactive in nature;

    Unlike EIAs, EAs assess ACTUAL environmental impact;

    The Environmental (impact Assessment and Audit) Regulations, 2003 provide for two types if audits: Control Audit and Self Audit ( former undertaken by the Authority, and the latter by the proponent);

    Provides the most significant risk management benefit to any project with respect to environmental, health and safety safeguards;

    Creates a culture of accountability within projects and organizations;

    Undertaken against a prescribed Environmental Management Plan in most cases;

  • AGENDA

    OVERVIEW: : EIA/EA PROCESS IN KENYAKEY ASPECTS OF EIA/EA PROCESSCHALLENGES : EIA/EA PROCESS IN KENYACASE STUDIES OF CHALLENGES IN EIA/EA PROCESS IN KENYAWAY FORWARD: SOLUTIONS TO CHALLENGES

  • KEY ASPECTS OF EIA/EA PROCESS

    IMPACTS IDENTIFICATION

    MITIGATION MEASURES

    CONSULTATION & PUBLIC PARTICPATION

    ENVIRONMENTAL MANAGEMENT PLAN

    BASELINE DATA

  • AGENDA

    OVERVIEW: : EIA/EA PROCESS IN KENYAKEY ASPECTS OF EIA/EA PROCESSCHALLENGES : EIA/EA PROCESS IN KENYACASE STUDIES OF CHALLENGES IN EIA/EA PROCESS IN KENYAWAY FORWARD: SOLUTIONS TO CHALLENGES

  • CHALLENGES : EIA/EA PROCESS IN KENYA

    1. Baseline Data There is inadequate data for exhaustive baseline surveys;Linkages between potential impacts and baseline information are notadequately assessed;

    2. Public Consultation guidelines are not mutating as fast as social issues:Most practitioners are using the Equator Principles to undertakestakeholder engagement especially for large scale projects;

    Equator Principles Are a risk management framework adopted by financialinstitutions for determining, assessing and managing environmental and socialrisks in project finance. Given that most energy, infrastructure, mining etcprojects are financed by debt finance from multilateral development banks,the equator principles are widely used; There is currently no framework forstakeholder engagement that practitioners can reference for resettlementaction practice locally;

    3. Harmonization of the Environmental Management Plans Developmentof EMPs is becoming more subjective and less objective; Lack of guidelineson costs of mitigation actions, structure and content etc

  • AGENDA

    OVERVIEW: : EIA/EA PROCESS IN KENYAKEY ASPECTS OF EIA/EA PROCESSCHALLENGES : EIA/EA PROCESS IN KENYACASE STUDIES OF CHALLENGES IN EIA/EA PROCESS IN KENYAWAY FORWARD: SOLUTIONS TO CHALLENGES

  • CASE STUDY OF CHALLENGES IN EIA/EA PROCESS IN KENYA

    The Northern Collector Tunnel (NCT) -Muranga County, Kenya The Northern Collector Tunnel (NCT) Phase

    1 is a proposed raw water transfer tunnelalong the eastern fringe AberdareConservation Area approximately 60kmNorth of Nairobi.

    The tunnel will transfer raw water throughapproximately 11.8km from intakes at theMaragua, Gikigie and Irati rivers to anoutlet at the Githika River near Makombokitrading centre, upstream of the existingThika Reservoir.

  • CHALLENGES IN THE EIA PROCESS:BASELINE ENVIRONMENT ASSESSMENT:

    Geology - Due to the limited extent of information available, therock types were reduced to three the upper, intermediate and lowerbound rock class designations.

    Hydrology The quantity of water used in some power plants such asTana Hydropower Plant were not documented

    Underground water resources The available quantitativeinformation on the areas groundwater reviewed is old (NationalEnvironment and Human Settlements Secretariat, 1982)

    Flora and Fauna In reference to the presence of the African MottledFreshwater Eel ( an aquatic species endemic to the ecosystem, it isreported that the species was not recorded during the study,however, it is cited in literature and indigenous knowledge

  • CONSULTATION AND PUBLIC PARTICIPATION (CPP)

    According to the Environment Impact Assessment guidelines and administrative procedures of EMCA, 1999 - the practitioner undertook all the methods provided to conduct CPP;

    In the case of the project The practitioner deemed that the public disclosure of the project was undertaken adequately through focus discussion groups, workshops, barazas, etc

    Why then is there controversy still? ..Will Muranga residents benefit from the project? ---- Was a hydrogeological survey undertaken on the impact of the

    rivers? ---- how will climate change affect the water supply of the project?

    Are the guidelines we are using sufficient? Wrt to threshold of the level of consultation?

    Is public outcry synonymous with inadequate CPP?

  • ENVIRONMENTAL MANAGEMENT PLAN

    The practitioner predicted the impacts, provided the significance as well as mitigation actions;

    The frequency of monitoring was also indicated;

    However, like all other EIA/EAs the cost implications of mitigation action are purely subjective;

  • AGENDA

    OVERVIEW: : EIA/EA PROCESS IN KENYAKEY ASPECTS OF EIA/EA PROCESSCHALLENGES : EIA/EA PROCESS IN KENYACASE STUDIES OF CHALLENGES IN EIA/EA PROCESS IN KENYAWAY FORWARD: SOLUTIONS TO CHALLENGES

  • Based the identified challenges in the EIA/EA process in Kenya, the following solutions are probable:

    1) BASELINE DATA REPOSITORIES

    EIK can provide links on the NEMA website for various resource information geological surveys, climatic and meteorological data, population/census data etc

    EIK can partner with universities to access their websites as a resource for research papers on current baseline conditions;

    EIK can partner with the development partners to be able to facilitate studies on baseline surveys geologic, hydrological, climatic etc

    SOLUTIONS TO OUR CHALLENGES

  • 2) CONSULTATION AND PUBLIC PARTICIPATION (CPP)

    Evidence! Evidence! Evidence! Seeing is believing;

    Practitioners need to start incorporating more live recordings of the CPP process;

    There is an urgent need for resettlement action guidelines to be put in place NEMA, MENR;

    EIAs are public documents Lets have them online! - NEMA

    3) ENVIRONMENTAL MANAGEMENT PLAN

    NEMA needs to harmonize the structure and content of EMPs;

    NEMA needs to provide guidelines for the costs of mitigation actions in EMPs;

  • Control leads to compliance; autonomy leads to engagement. Daniel H. Pink