ASSESSMENT OF ENVIRONMENTAL IMPACT OF CONSTRUCTION WORKS

CHAPTER ONE

1.0   INTRODUCTION

Environmental Impact Assessment

Environmental Impact Assessment (EIA) is defined as

the process of examining the environmental effects of the development – from consideration of the environmental aspects at design stage, through to the preparation of an Environmental Impact Statement, evaluation of the EIS by a competent authority and the subsequent decision as to whether the development should be permitted to proceed, also encompassing public response to that decision.

Sridhar (2001) define Environment Impact Assessment (EIA) as the systematic identification and evaluation of the potential impact (effects) of a proposed project, plans, programme or legislative action relative to the total environment.

The Environmental Impact Statement (EIS) is defined as “a statement of the effects, if any, which the proposed development, if carried out, would have on the environment” (Environmental Protection Agency, 2002). Certain public and private projects that are likely to have significant effects on the environment are subject to EIA requirements derived from EIA Directive 85/337/EC (as amended by Directive 97/11/EC). The requirements of Directive 2003/4/EC on public access to environmental information took effect from June 2005. This Directive further strengthens provisions for ensuring public access to environmental information. Insofar as roads are concerned, the EIA Directive is transposed into law in Ireland through the Roads Act, 1993 (No. 14 of 1993).

An environmental impact assessment (EIA) is an assessment of the possible positive or negative impact that a proposed project may have on the environment, together consisting of the environmental, social and economic aspects.

The purpose of Environmental Impact Assessment process is to encourage the consideration of the environment in planning and decision making and to ultimately arrive at actions which are more environmentally compatible.

1.1.0 Where does EIA come from?

The EIA process derives from European law. The European law basis is Directive 85/337, The Assessment of the Effects of Certain Public and Private Projects on the Environment as amended by EC Directive 97/11/EC. The Directive is mainly implemented in UK legislation through the Town and Country Planning (Assessment of Environmental Effects) Regulations 1999 (SI 1999 No. 293). This is generally known as the EIA Regulations. Important guidance on the interpretation of the EIA Regulations and on the procedure to be used can be found in ODPM Circular 2/99 Environmental Impact Assessment.

The Regulations only cover decisions made under Town and Country Planning legislation. However, the Directive requires that all types of developments having significant impacts on the environment go through the EIA process. Therefore there are separate pieces of legislation (and some non-legislative processes) covering EIA for other types of developments including highways, power stations, water resources, land drainage, forestry, pipelines, harbour works and many others. UK regulations have been criticised as not fully interpreting the spirit of the EIA directive. Individual cases over major development proposals have led to controversial debates about quality of EIA. Third parties have complained to the European Commission about the failure of the UK Government to fully implement the EC directives on EIA.

1.2.1 How it came into being in Nigeria

Environmental impact assessment (EIA) came into being in Nigeria with promulgation of the Act establishing three independent EIA systems—the EIA Decree 86 (1992), the Town and Country Planning Decree 88 (1992) and the Petroleum Act (1969). Despite a sound legal basis and comprehensive guidelines, evidence suggests that EIA has not yet evolved satisfactorily in Nigeria, as the current system amounts to duplication of efforts and cost. An evaluation of the EIA system against systematic evaluation criteria, based on interviews with EIA approval authorities, consulting firms and experts, reveals various shortcomings of the EIA system. These mainly include inadequate capacity of EIA approval authorities, deficiencies in screening and scoping, poor EIA quality, inadequate public participation and weak monitoring. Overall, most EIA study rarely meets the objective of being a project planning tool to contribute to achieving sustainable development and mitigate impact from development project. The work concludes on the suggestions to involve in EIA process relevant authorities and to increase the competence of EIA consultants.

1.2.2 EIA concept and legal basis in Nigeria

Globally, Environmental Impact Assessment (EIA) is recognized as a tool for achieving sustainable development. The main objective of the EIA is to ensure that potential environmental impacts are foreseen at the appropriate stage of project design and addressed before any decision is taken on the project. The EIA involves a systematic process for identifying, predicting and evaluating potential impacts associated with a development project. The EIA process must proffer mitigation measures to avoid, reduce or minimize the negative impacts on the environment, public health and property and may highlight the foreseeable positive impacts. The mitigation measures entail identifying possible alternative site, project, process design, including that of not proceeding with the project. The EIA is not a one-off process which terminates in the production of a report on the effects of the project and associated mitigation measures. It also deals with monitoring the construction and operational phases, and this continues till the project is decommissioned. The post-closure care is also an integral part of the EIA process.

EIA legislations and the required procedural guidelines for carrying out the EIA process became effective since the 1970s in developed countries. Nigeria took a giant leap when she promulgated her main EIA legislation (i.e. EIA Act No.86) in 1992. EIA is proclaimed in Principle 17 of ‘Agenda 21’ (Agenda for the 21st century) of the United Nations Conference on Environment and Development (UNCED), which was held on the 3rd to14th of June, 1992, in Rio de Janeiro, Brazil. It states that: “Environmental Impact Assessment as a national instrument shall be undertaken for proposed activities that are likely to have a significant adverse impact on the environment and subject to a decision of a competent authority.”

The EIA Act No. 86 of 1992 makes the EIA mandatory for development projects likely to have adverse impacts on the environment prior to implementation. Prior to the enactment of the EIA Act in Nigeria, project appraisals were limited predominantly to feasibility studies and economic-cost-benefit analysis. Most of these appraisals did not take environmental costs, public opinion, and social and environmental impacts of development projects into consideration.

Currently, EIA is practiced in over 100 countries of the world (Jay et al., 2007). While its effectiveness has been explored to a certain extent in some developed countries, the research in developing countries such as Nigeria requires consented effort. Even if most of the scholars generally agree that EIA plays an important role in environmental decision-making, the effectiveness, accessibility and influence of EIA, and specifically the accuracy and the methods of the assessment can be openly questioned and criticized. The field scholars attempt measuring the EIA effectiveness either through the quality of EIA report and EIA procedural implementation or relate it to the viability and the role of EIA in factual development planning (Bailey, 1997; Baker and Wood, 1999; Simpson, 2001; Ogunba, 2004; Sakalauskiene et al., 2004; Pinho et al., 2006; Pölönen, 2006).

(Enweghara 1999) said that most developing countries government lack of necessary experience in fostering public participation and often the exhibition of superiority to the  participation of public, by the implementing agency, tends to take assessment to environmental impact implementation and will task and has led to abandonment of many projects.

          Ajator (1997) stated that the construction industry is slow in taking her inertia in response to environmental issues compared with other major industries, however, increasingly legislation are solving to police her interest, much of the current debate is now on how construction industry might be encouraged to make sure that its activities are not damaging to the environment, and much is being banded in the process of environmental impact assessment on how the construction can help to protect environmental damage.

          In identifying environmental impact assessment process the relevant significant environmental issues shall be identified and studied before embarking on any project or activity covered by the provision of decree no. 86 of 1992 are likely to have serious environmental impact in Nigeria environment. An environment impact assessment shall include at least the following minimum matters

          Description of proposed activities

•        A description of the potential affected environment including specific information necessary to identify and assess the environment effects of the proposed projects or activities.

•        A description of the practical activities as appropriate.

•        The project will really emphasize on the benefit of assessment of environment impact of construction work.

1.3.0 STATEMENT OF THE PROBLEM

          The problem identify is that the Government, public or private are sometimes ignorant of the involvement of the communities in assessment of environmental impact for a successful implementation of project and decision making.

          And to be able to know the impact of communities in which a proposed activity is going to take place in ensuring a completed environmental impact assessment.

1.4.0 HYPOTHESIS

          To test whether there is any relationship between assessment of environmental impact of construction work and the construction of road in Isin LGA

          To test whether there is any relationship between client role and professional qualification

1.5.0 AIM AND OBJECTIVE

I.       To identify the effects of construction works on communities

II.      To assess the roles of the construction professionals in the management of environment during construction works

III.     To examine the roles of the communities in assessing environmental impact of construction works

1.6.0 SIGNIFICANCE OF THE STUDY

The significance of this study is to know the effects of carrying out an assessment of environmental impact of construction works before the commencement of the project and to know the impact of the public or communities in achieving a successful assessment of environmental impact of construction works.

1.7.0 SCOPE AND LIMITATION

The EIA involves the analysis and assessment of the following:

(1) (Direct and indirect) impact of the project on the environment including the impact on:

i.        Condition of air, water and soil (natural environment),

ii.        Condition of flora and fauna (nature),

iii.        Human health and living conditions, tangible goods and culture heritage objects (social environment) and

iv.        Inter-relations of the above as well as

v.        Access to mineral resources;

(2) Options and methods of preventing and minimizing the negative impact on the environment;

(3) necessary scope of monitoring, which, in the case of "more onerous" projects, will make it possible to determine the actual impact on the environment already at the stage of project implementation and, optionally, will enable to modify accepted means which are to reduce the negative impact on the environment.