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ARRANGEMENT OF REGULATIONS
PART I—ENVIRONMENTAL PERMIT
Regulation
1. Undertaking requiring
registration and issue of
environmental permit
2. Existing undertakings
3. Environmental impact assessment
4. Application for environmental
permit
5. Initial assessment by screening
of application
6. Screening report
7. Registration and issue of
environmental permit
8. Fees for and publication of
grant of environmental permit
PART II—PRELIMINARY ENVIRONMENTAL
REPORT AND ENVIRONMENTAL IMPACT
STATEMENT
9. Preliminary environmental
report
10. Environmental impact statement
11. Scoping report
12. Draft terms of reference
13. Action on scoping report
14. Matters to be addressed in
environmental impact statement
15. Advertisement of scoping
notice
16. Consideration and review of
environmental impact statement and
publication of notices of
environmental impact statement
17. Public hearing
18. Review of environmental impact
statement after public hearing
19. Finalisation of environmental
impact statement and grant of
environmental permit
20. Period for determination of an
application
21. Period of validity of
environmental permit
22. Requirement for an
environmental certificate
23. Funds for reclamation
24. Environmental management plan
PART III—MISCELLANEOUS PROVISIONS
25. Submission of annual
environmental report
26. Suspension, cancellation or
revocation of permit and
certificates
27. Complaints by aggrieved
persons
28. Gazette publication
29. Offences and penalty
30. Interpretation
Schedules
IN exercise of the powers
conferred on the Minister
responsible for the Environment
under section 28 of the
Environmental Protection Agency
Act, 1994 (Act 490) and on the
advice of the Environmental
Protection Agency Board these
Regulations made this 18th day of
February, 1999.
PART I—ENVIRONMENTAL PERMIT
Regulation 1—Undertaking Requiring
Registration and Issue of
Environmental Permit.
(1) No person shall commence any
of the undertakings specified in
Schedule 1 to these Regulations or
any undertaking to which a matter
in the Schedule relates, unless
prior to the commencement, the
undertaking has been registered by
the agency and an environmental
permit has been issued by the
Agency in respect of the
undertaking.
(2) No person shall commence
activities in respect of any
undertaking which in the opinion
of the Agency has or is likely to
have adverse effect on the
environment or public health
unless, prior to the commencement,
the undertaking has been
registered by the Agency and an
environmental permit has been
issued by the Agency in respect of
the undertaking.
Regulation 2—Existing
Undertakings.
Where the Agency considers that
any undertaking in existence on
the date of the the coming into
force of these Regulations has or
is likely to have adverse effect
on the environment or public
health, the Agency shall issue a
written notice to the person
responsible to seek registration
and obtain an environmental permit
in respect of the undertaking
within such time as shall be
specified in the notice.
Regulation 3—Environmental Impact
Assessment.
No environmental permit shall be
issued by the Agency for any of
the undertakings mentioned in
Schedule 2 to these Regulations
unless there is submitted by the
responsible person to the Agency,
an environmental impact assessment
in accordance with these
Regulations in respect of the
undertaking.
Regulation 4—Application for
Environmental Permit.
(1) A person required under
regulation 1 or 2 to register an
undertaking and obtain an
environmental permit shall submit
to the Agency an application in
such form as the Agency shall
determine.
(2) There shall be paid for the
application such fee as the Agency
shall determine.
(3) In addition to any information
that an applicant is required to
provide on application, the Agency
may require an applicant to submit
such other information on the
undertaking as the Agency
considers necessary for the
initial assessment of the
environmental impact of the
undertaking.
Regulation 5—Initial Assessment by
Screening of Application.
(1) The Agency shall on receipt of
an application and any other
relevant information required, as
an initial assessment, screen the
application taking into
consideration—
(a) the location, size and likely
output of the undertaking;
(b) the technology intended to be
used;
(c) the concerns of the general
public, if any, and in particular
concerns of immediate residents if
any;
(d) land use; and
(e) any other factors of relevance
to the particular undertaking to
which the application relates.
(2) An applicant shall for the
purpose of enabling the Agency
determine the level of
environmental assessment of his
undertaking, prepare and submit to
the Agency a report on the
undertaking indicating in the
report—
(a) the environmental, health and
safety impact of the undertaking;
(b) a clear commitment to avoid
any adverse environmental effects
which can be avoided on the
implementation of the undertaking;
(c) a clear commitment to address
unavoidable environmental and
health impacts and steps where
necessary for their reduction; and
(d) alternatives to the
establishment of the undertaking.
Regulation 6—Screening Report
After the screening under
regulation 5 the Agency shall
issue a screening report on the
application and shall state in the
screening report whether the
application—
(a) is approved; or
(b) is objected to; or
(c) requires submission of a
preliminary environmental report;
or
(d) requires the submission of an
environmental impact statement.
Regulation 7—Registration and
Issue of Environmental Permit.
(1) Where the Agency approves an
application at the initial
assessment, it shall register the
undertaking, the subject of the
application, and issue in respect
of the undertaking an
environmental permit.
(2) Where the Agency on the
initial assessment reports that it
objects to the application the
report shall constitute a
non-acceptance of the application
and the undertaking shall not be
commenced or where it is in
existence, be discontinued.
(3) A determination by the Agency
that, an application at the
initial assessment, is approved,
objected to, requires the
submission of a preliminary
environmental report or the
submission of an environmental
impact statement, shall be
communicated to the applicant
within 25 days from the date of
the receipt of the application for
an environmental permit.
Regulation 8—Fees for and
Publication of Grant of
Environmental Permit.
(1) There shall be paid in respect
of each environmental permit such
fee as the Agency shall determine
except that where for the purposes
of granting the permit an
environmental impact statement is
required, the fee for the permit
shall be 1% of the development
cost of the proposed undertaking.
(2) The Agency shall publish in
the Gazette and the mass media and
in such form as the Agency shall
determine notice of every
environmental permit issued by it
within 3 months of the date of
issue of the permit.
PART II—PRELIMINARY ENVIRONMENTAL
REPORT AND ENVIRONMENTAL IMPACT
STATEMENT
Regulation 9—Preliminary
Environmental Report
(1) Where the Agency upon
consideration of an application
decides that there is the need for
a preliminary environmental
assessment to be submitted in
respect of the application, the
Agency shall request the applicant
to submit a preliminary
environmental report on the
proposed undertaking.
(2) A preliminary environmental
report submitted under
subregulation (1) shall contain
details other than information
submitted with the original
application for the environmental
permit and shall state
specifically the detailed effects
of the proposed undertaking on the
environment.
(3) Where the Agency after
consideration of a preliminary
environmental report approves the
report, it shall register the
undertaking and issue in respect
of the undertaking an
environmental permit.
(4) Where the Agency, upon receipt
of a preliminary environmental
report, is satisfied that a
significant adverse environmental
impact is likely to result from
the activities of the undertaking,
the applicant shall be asked to
submit an environmental impact
statement on the undertaking in
order that the environmental
impact of the proposed undertaking
can be assessed.
Regulation 10—Environmental Impact
Statement.
(1) For the purpose of regulation
9(4) the applicant shall submit an
environmental impact statement in
respect of the proposed
undertaking which shall be
outlined in a scoping report to
the Agency.
Regulation 11—Scoping Report.
A
scoping report shall set out the
scope or extent of the
environmental impact assessment to
be carried out by the applicant,
and shall include a draft terms of
reference, which shall indicate
the essential issues to be
addressed in the environmental
impact statement.
Regulation 12—Draft Terms of
Reference
The draft terms of reference shall
stipulate that the environmental
impact statement on the proposed
undertaking will deal with matters
including the following —
(a) a description of the
undertaking;
(b) an analysis of the need for
the undertaking;
(c) alternatives to the
undertaking including alternative
situations where the undertaking
is not proceeded with;
(d) matters on site selection
including a statement of the
reasons for the choice of the
proposed site and whether any
other alternative site was
considered;
(e) an identification of existing
environmental conditions including
social, economic and other aspects
of major environmental concern;
(f) information on potential,
positive and negative impacts of
the proposed undertaking from the
environmental, social, economic
and cultural aspect in relation to
the different phases of
development of the undertaking;
(g) the potential impact on the
health of people;
(h) proposals to mitigate any
potential negative socio-economic,
cultural, and public health
impacts on the environment.
(i)
proposals to be developed to
monitor predictable environmental
impact and proposed mitigating
measures;
(j) contingency plans existing or
to be evolved to address any
unpredicted negative environmental
effect;
(k) consultation with members of
the public likely to be affected
by the operations of the
undertaking;
(1) maps, plans, tables, graphs,
diagrams and other illustrative
material that will assist with
comprehension of the contents of
the environmental impact
statement;
(m) a provisional environmental
management plan;
(n) proposals for payment of
compensation for possible damage
to land or property arising from
the operation of the undertaking;
and
(o) an indication whether any area
outside Ghana is likely to be
affected by the activities of the
undertaking.
Regulation 13—Action on Scoping
Report.
(1) The Agency shall upon receipt
of a scoping report examine it and
inform the applicant within 25
days of the receipt of the report
whether it is acceptable or not
acceptable.
(2) Where a scoping report is
accepted by the Agency, it shall
inform the applicant to submit an
environmental impact statement
based on the scoping report.
(3) Where a scoping report is not
acceptable by the Agency, the
applicant shall be advised by the
Agency to revise the report as
appropriate and re-submit it if he
so desires.
Regulation 14—Matters to be
Addressed in Environmental Impact
Statement.
(1) In submitting an environmental
impact statement pursuant to
regulation 13(2), the applicant
shall indicate in the document a
clear assessment of the proposed
undertaking on the environment
based on the contents of the
scoping report.
(2) The environmental impact
statement shall also address
possible direct and indirect
impact of the undertaking on the
environment at the
pre-construction, construction,
operation, decommissioning and
post-decommissioning phases
including—
(a) concentrations of pollutants
in environmental media including
air water and land from mobile or
fixed sources;
(b) any direct ecological changes
resulting from such pollutant
concentrations as they relate to
communities, habitats, flora and
fauna;
(c) alteration in ecological
processes such as transfer of
energy through food chains,
decomposition and bio-accumulation
which could affect any community,
habitat or specie of flora or
fauna;
(d) ecological consequences of
direct destruction of existing
habitats from activities such as
dumping of waste and vegetation
clearance and fillings;
(e) noise and vibration levels;
(f) odour;
(g) vehicle traffic generation
and potential for increase in road
accidents;
(h) changes in social, cultural
and economic patterns relating to—
(i)
decline in existing or potential
use of valued resources arising
from matters referred to in
paragraphs (a) to (d) of this
sub-regulation;
(ii) direct or indirect
employment generation;
(iii) immigration and resultant
demographic changes;
(iv) provision of infrastructure
such as roads, schools and health
facilities;
(v) local economy;
(vi) cultural changes including
possible conflict arising from
immigration and tourism; and
(vii) potential land use in the
area of the proposed undertaking.
(3) An environmental impact
statement shall also include
information on the possible health
effect of the undertaking on
persons within and around the
vicinity of the proposed
undertaking.
(4) An environmental impact
statement for mining and other
extractive industry shall include
reclamation plans.
Regulation 15—Advertisement of
Scoping Notice.
(1) Where an applicant has been
asked to submit an environmental
impact statement it shall be the
responsibility of the applicant
to—
(a) give notice of the proposed
undertaking to the relevant
Ministries, government departments
and organisations and the relevant
Metropolitan, Municipal or
District Assembly;
(b) advertise in at least one
national newspaper and a
newspaper, if any, circulating in
the locality where the proposed
undertaking is to be situated; and
(c) make available for inspection
by the general public in the
locality of the proposed
undertaking, copies of the scoping
report.
(2) The Form in Schedule 3 of
these Regulations shall be used
for the purpose of the
advertisement required under
subregulation (1).
Regulation 16—Consideration and
Review of Environmental Impact
Statement and Publication of
Notices of Environmental Impact
Statement.
(1) The applicant shall submit 12
copies of the environmental impact
statement to the Agency which
shall review the environmental
impact statement.
(2) The applicant shall also
submit such copies of the
environmental impact statement as
the Agency shall direct to sector
Ministries, government departments
and organisations of relevance to
the undertaking.
(3) The Agency shall where it
receives an environmental impact
statement, publish for 21 days a
notice which shall be in
accordance with the form specified
in Schedule 4, of the
environmental impact statement in
the mass media and also post at
appropriate places such parts of
the environmental impact statement
as it considers necessary.
(4) The cost of any notices of
publication made under
subregulation (3) shall be borne
by the applicant.
(5) The general public, relevant
public agencies, organisations,
NGOs, Metropolitan, Municipal and
District Assemblies and local
communities may make any comments,
and suggestions on any matter on
which notices are issued under
this regulation.
Regulation 17—Public Hearing.
(1) The Agency shall hold a public
hearing in respect of an
application where—
(a) upon a notice issued under
regulation 16 there appears to be
great adverse public reaction to
the commencement of the proposed
undertaking;
(b) the undertaking will involve
the dislocation, relocation or
resettlement of communities; or
(c) the Agency considers that the
undertaking could have extensive
and far reaching effect on the
environment.
(2) For the purpose of conducting
a public hearing the Agency shall
appoint a panel composed of not
less than three persons and not
more than five persons.
(3) At least a third of the panel
members shall be residents of the
geographical area of the proposed
undertaking and shall reflect
representation of varying
opinions, if any, on the subject
of the hearing.
(4) The chairman of the panel
shall be appointed by the Agency
from among the members but shall
not be a resident of the locality
of the proposed undertaking.
(5) The panel shall hear such
persons and bodies that will make
submissions to it; shall consider
all submissions made to it and
make its recommendations in
writing to the Agency within a
period of not less than 15 days
from the date it starts hearing
representations.
Regulation 18—Review of
Environmental Impact Statement
after Public Hearing.
(1) A draft environmental impact
statement shall be further
reviewed by the Agency after
receipt of recommendations
following a public hearing.
(2) Where after review, the draft
environmental impact statement is
found unacceptable by the Agency,
the applicant shall be notified of
this in writing and shall be
required —
(a) to submit a revised
environmental impact statement at
a later date; or
(b) to conduct such further
studies as the Agency considers
necessary.
Regulation 19—Finalisation of
Environmental Impact Statement and
Grant of Environmental Permit.
Where an environmental impact
statement is acceptable to the
Agency this shall be communicated
in writing to the applicant and
the requisite environmental permit
shall be issued to the applicant
upon the submission of 8 hard
cover copies of the approved
environmental impact statement and
a copy on floppy diskette.
Regulation 20—Period for
Determination of an Application.
(1) Subject to the provisions of
these Regulations an application
for an environmental permit under
these Regulations shall be
finalised and communicated to the
applicant by the Agency within a
period of not more than 90 days
from the date of receipt of the
completed application form.
(2) Subregulation (1) does not
apply—
(a) to an application where public
hearing is required to be held;
(b) where only a preliminary
environmental report is required
by the Agency;
(c) to the period taken to prepare
and submit an environmental impact
statement.
Regulation 21—Validity of
Environmental Permit.
Where an environmental permit is
granted to an applicant, the
permit shall be valid for a period
of 18 months effective from the
date of the issue of the permit.
(2) Failure to commence operation
of the undertaking within the 18
months as provided under
subregulation (1) shall render the
permit invalid after the period.
(3) Where an applicant whose
permit becomes invalid under
subregulation (2) requires a valid
permit he shall resubmit an
application to the Agency for
approval to which the invalidated
permit relates and provide reasons
for the new application.
(4) Upon consideration of an
application under subregulation
(3) the Agency may decide —
(a) that the assessment report
already approved be used in
respect of the re-submitted
application; or
(b) that the assessment report be
revised in such areas as the
Agency shall direct.
Regulation 22—Requirement for an
Environmental Certificate.
(1) Where an undertaking in
respect of which a preliminary
environmental report or an
environmental impact statement is
approved commences activities of
the undertaking upon the issue of
an environmental permit, the
person responsible shall within 24
months of the date of the
commencement of operations obtain
an environmental certificate from
the Agency.
(2) An environmental certificate
may be issued subject to such
conditions as the Agency shall
determine except that no such
certificate shall be issued unless
the person responsible has
submitted to the Agency evidence
or confirmation of—
(a) actual commencement of
operations;
(b) acquisition of other permits
and approvals where applicable;
(c) compliance with mitigation
commitments indicated in the
environmental impact statement or
preliminary environmental report;
and has submitted to the Agency
its first annual environmental
report as required under
regulation 25.
(3) There shall be paid in respect
of an environmental certificate
such fee as the Agency shall
determine.
Regulation 23—Funds for
Reclamation.
An undertaking in respect of which
a reclamation plan is required
shall be required to post
reclamation bond based on approved
work plan for reclamation.
Regulation 24—Environmental
Management Plan.
(1) The person responsible for an
undertaking in respect of which a
preliminary environmental report
or an environmental impact
statement has been approved shall
submit to the Agency an
environmental management plan in
respect of his operations within
18 months of commencement of
operations and thereafter every 3
years.
(2) A person engaged in any of the
undertakings mentioned in Schedule
1 which was in existence before
the coming into force of these
Regulations shall also submit an
environmental management plan
within 18 months from the coming
into force of these Regulations
and thereafter every 3 years.
(3) The environmental management
plan shall be a document in such
form as shall be determined by the
Agency.
(4) The environmental management
plan shall set out steps that are
intended to be taken to manage any
significant environmental impact
that may result from the operation
of the undertaking.
PART III—MISCELLANEOUS PROVISIONS
Regulation 25—Submission of Annual
Environmental Report.
(1) A person granted an
environmental permit under these
Regulations shall submit an annual
environmental report in respect of
his undertaking after 12 months
from the date of commencement of
operation and after every 12
months thereafter to the Agency.
(2) The annual environmental
report shall be in such form and
contain such particulars as the
Agency shall direct.
Regulation 26—Suspension,
Cancellation or Revocation of
Permit and Certificates.
(1) The Agency may suspend, cancel
or revoke an environmental permit
or certificate issued under these
Regulations where the holder of
the permit or certificate—
(a) fails to obtain any other
authorisation required by law in
relation to his undertaking before
commencement of operations;
(b) is in breach of any provision
of these Regulations or any other
enactment relating to
environmental assessment;
(c) fails to make any payments
required under these Regulations
on the due date;
(d) acts in breach of any of the
conditions to which his permit or
certificate is subject; or
(e) fails to comply with
mitigation commitments in his
assessment report or environmental
management plan.
(2) The Agency may also suspend an
environmental permit or
certificate in the event of
occurrence of fundamental changes
in the environment due to natural
causes before or during the
implementation of the undertaking;
and upon such change the
environmental assessment report
and environmental management plan
shall be revised on the basis of
the new environmental condition.
Regulation 27—Complaints by
Aggrieved Persons.
(1) A person aggrieved by any
decision or action of the Agency
may submit a complaint in writing
to the Minister.
(2) The complaint shall be
submitted to the Minister within
30 days of the complainant
becoming aware of the decision or
action to which the complaint
relates.
(3) The complaint shall —
(a) state the issues objected to;
(b) have attached a copy of the
decision objected to; and
(c) have attached all documents
relevant for considering and
determining the complaint.
(4) The Minister shall within 14
days of receipt of a complaint
appoint a panel composed of—
(a) a representative each of the
following—
(i)
the Ministry of the Environment
not below the rank of a Director;
(ii) the Attorney-General's
Department not below the rank of a
Senior State Attorney;
(iii) the Ministry with
responsibility for the
undertaking; and
(b) two persons with
specialisation in the relevant
field of the undertaking
concerned.
(5) The Minister shall refer the
complaint to the panel which shall
give a fair hearing to all parties
and determine the issue as it
considers appropriate.
(6) The panel after hearing all
parties may—
(a) alter the decision of the
Agency;
(b) request the Agency to
determine the application where
applicable within a specified
period;
(c) give any other directives as
it considers just.
(7) A panel appointed under this
regulation shall determine the
matter and report to the Minister
within 60 days from the date of
reference of any matter by the
Minister to it.
(8) The proceedings of the panel
shall be fully documented together
with the reasons for the panel's
decision.
(9) The panel shall cause copies
of the decision and proceedings to
be sent to —
(a) the Agency; and
(b) the relevant Ministry.
Regulation 28—Gazette Publication.
The Agency shall cause to be
published in the Gazette
notification of any codes of
practice, standards, guidelines in
connection—
(a) with matters provided for
under these Regulations for the
purpose of giving guidance; and
(b) with matters relating to the
protection, development and
rehabilitation of the environment.
Regulation 29—Offences and
Penalty.
Any person who—
(a) commences an undertaking
without an environmental permit
issued in respect of the
undertaking contrary to regulation
1(1);
(b) fails to comply with
directives of the Agency to
register an undertaking and obtain
an environmental permit contrary
to regulations 1(2) or 2;
(c) fails to conduct an
environmental impact assessment in
respect of an undertaking
specified in Schedule 2 to these
Regulations before commencement of
the undertaking or as may be
directed by the Agency contrary to
regulation 3;
(d) submits or provides the Agency
with information required under
any provision of these Regulations
which he knows to be false;
(e) fails to submit an annual
environmental report as required
under regulation 25; or
(f) contravenes any provision of
these Regulations commits an
offence and is liable on summary
conviction to a fine not exceeding
¢2 million or imprisonment for a
term not exceeding one year or to
both and in the case of a
continuing offence to a further
fine not exceeding ¢200,000 for
each day the offence is continued.
Regulation 30—Interpretation.
(1) In these Regulations unless
the context otherwise requires—
"the Act" means the Environmental
Protection Agency Act 1994 (Act
490);
"adverse effect on the environment
or public health" means any change
that an undertaking may cause to
the environment and includes the
effect of any change on health,
socio-economic and cultural
conditions;
"Agency" means the Environmental
Protection Agency established by
the Environmental Protection
Agency Act, 1994 (Act 490);
"environmental assessment" means
the process for the orderly and
systematic identification,
prediction and evaluation of —
(a) the likely environmental,
socio-economic, cultural and
health effects of an undertaking;
and
(b) the mitigation and management
of those effects;
"environmental impact assessment"
means the process for the orderly
and systematic evaluation of a
proposal including its
alternatives and objectives and
its effect on the environment
including the mitigation and
management of those effects; the
process extends from the initial
concept of the proposal through
implementation to completion, and
where appropriate,
decommissioning;
"environmental impact" includes
any direct or indirect, positive
or negative change in the
environment caused by man-made
works or activity when such change
affects life in general,
bio-diversity, the quality or a
significant quantity of natural or
environmental resources and their
use, well being, health, personal
safety, habits and customs, the
cultural heritage or legitimate
means of livelihood;
"environmental impact statement"
means a document prepared by an
applicant to present the case for
the assessment of his proposal as
part of the environmental impact
assessment process;
"environmental management plan"
means a document representing
efforts that will be made to
manage any significant
environmental impacts which will
result from an existing
undertaking;
"environmental permit" means an
environmental authorisation to
commence a proposed undertaking or
continue with the undertaking,
issued after registration of the
undertaking, or upon submission of
a preliminary environmental report
or environmental impact statement;
"Minister" means the Minister
responsible for the environment;
"mitigation" means, in respect of
a proposed or existing undertaking
the elimination, reduction or
control of the adverse
environmental effects of the
undertaking, and includes
restitution for any damage to the
environment caused by such effects
through replacement, restoration,
compensation or any other means;
NGOs" means non-governmental
organisations;
"occurrence of fundamental change
in the environment" means the
alteration of the environmental
profile which was used as the
basis of the environmental impact
statement;
"person responsible" has the same
meaning as provided for under the
Act;
"preliminary environmental report"
means a document containing
detailed information other than
information contained in the
registration form especially
detailing the effects which the
undertaking would have on the
environment as defined in the
screening report;
"reclamation bond" means
performance bond, mining bond or
rehabilitation bond or funds set
aside in a reputable bank agreed
upon by the Agency and the person
responsible as a security deposit
against default on reclamation or
rehabilitation of disturbed land
arising out of the undertaking.
"scoping" means an assessment that
is carried out pursuant to
regulation 11 of these
Regulations;
"scoping report" means a report
that summarizes the results of a
scoping.
"screen" means the initial
assessment of an application for
an environmental permit, including
a consideration of the factors set
out in regulation 5 of these
Regulations;
"screening report" means a report
that summarizes the results of a
screening;
"undertaking" means any
enterprise, activity, scheme of
development, construction,
project, structure, building,
work, investment, plan, programme
and any modification, extension,
abandonment, demolition
rehabilitation or decommissioning
of such undertaking, the
implementation of which may have a
significant impact.
(2) For the purpose of these
Regulations the areas specified in
Schedule 5 are environmentally
sensitive areas.
SCHEDULES
SCHEDULE 1
(Regulation 1 (1))
UNDERTAKINGS REQUIRING
REGISTRATION AND ENVIRONMENTAL
PERMIT.
AGRICULTURAL AND RELATED SERVICES
1. Agriculture.
Livestock farms
Community pastures
(a) involving the clearing of land
of greater than 40 hectares in
area; or
(b) involving the clearing of land
located in an environmentally
sensitive area.
Fruit and other vegetable farms
Management areas
(a) involving the clearing of land
of greater than 40 hectares in
area, or
(b) involving the clearing of land
located in an environmentally
sensitive area.
2. Fishing and Trapping.
Fishing—
(a) fish or shellfish farming in
salt water, brackish water or
fresh water, where the proposal
includes the construction of
shore-based facilities other than
wharves;
(b) permanent traps or weir
fisheries, salt water.
Services incidental to fishing—
Fish or shellfish breeding and
propagating services, or fish or
shellfish hatchery services, where
the proposal includes the
construction of shorebased
facilities other than wharves.
3. Logging and Forestry.
Logging—
Management of forested land for
the primary purpose of harvesting
timber in a contract area.
4. Forestry Services.
Forestry services—
(a) application of pesticides;
(b) introduction of exotic species
of animals, plants or microbial
agents;
(c) establishment of forests in
previously forested and unforested
areas.
MINING (INCLUDING MILLING),
QUARRYING AND OIL WELLS
5. Mining.
(b) metal mines;
(a) non-metal mines.
6. Crude Oil and Natural Gas.
(a) crude oil or petroleum
production facilities;
(b) natural gas production
facilities.
7. Quarries and Sand Pits.
Stone quarries—
(a) where the total area is
greater than 10 hectares, or
(b) where any portion is to be
located within an environmentally
sensitive area.
Sand and gravel pits—
(a) where the total area is
greater than 10 hectares, or
(b) where any portion is to be
located within an environmentally
sensitive area.
MANUFACTURING
8. Food
Meat and poultry products—
(a) abattoirs;
(b) meat, fat or oil processing
facilities;
(c) poultry processing facilities.
Fish Products—
Flours, prepared cereal foods and
feeds—
Feed mills.
9. Beverages.
(a) distillery products;
(b) brewery products;
(c) wines.
10. Rubber Products.
(a) tyres and tubes;
(b) rubber hoses and beltings;
(c) other rubber products.
11. Plastic Products.
(a) foamed and expanded plastic
products;
(b) plastic pipes and pipe
fittings;
(c) plastic films and sheetings;
(d) other plastic products.
12. Leather and Allied Products.
Leather and allied products
Leather tanneries.
13. Primary Textiles.
(a) man-made fibres and filament
yarns;
(b) spun yarns and woven clothes;
(c) broad knitted fabrics.
14. Textile Products.
(a) natural fibres processing and
felt products;
(b) carpets, mats and rugs;
(c) canvas and related products;
(d) other textile products.
15. Wood
(a) sawmill, planing mill and
shingle mill products industries;
(b) veneers and plywoods;
(c) other wood products;
(d) wood preservation facilities
which use hazardous chemicals or
similar chemical processes;
(e) particle board or wafer board
production.
16. Paper and Allied Products.
(a) pulp and paper;
(b) asphalt roofing;
(c) other converted paper
products.
17. Primary Metals
18. Fabricated Metal Products
19. Transportation Equipment
Shipbuilding and repair—
Facilities engaged in building and
repairing all types of ships above
4.000 tonnes displacement
including marine production
platforms for petroleum, natural
gas or mineral resource
extraction.
NON-METALLIC MINERAL PRODUCTS
20. Refined Petroleum Products
21. Chemicals and Chemical
Products
(a) industrial chemicals;
(b) agricultural chemicals;
(c) plastics and synthetic resins;
(d) paints and varnishes;
(e) soaps and cleaning compounds;
(f) other chemical products.
22. Other Manufacturing
Scientific and Professional
Equipment—
(a) photographic films and plates
manufacturing;
(b) floor tiles, linoleums and
coated fabrics manufacturing;
(c) other manufactured products.
23. Construction
Industrial construction (other
than buildings)
(a) construction of pipelines for
the transmission of oil, natural
gas and other related products
from the source to the point of
distribution, where—
(i)
any portion of the pipeline is to
be located at a distance greater
than 500 metres from an existing
right-of-way; or
(ii) any portion of the pipeline
is to be located in an
environmentally sensitive area;
(b) diesel electric power
generating plants having a
capacity greater than 1 megawatt;
(c) gas turbine electric power
generating plants having a
capacity greater than 1 megawatt;
(d) nuclear electric power
generating plants.
24. Highways and Heavy
Construction
(a) roads
(b) waterworks and sewage system—
(i)
construction of trunk pipelines
for transmission of water from the
source to the point of
distribution;
(ii) construction of trunk sewer
pipelines;
(ii) construction of trunk sewer
pipeline outfalls.
(c) hydroelectric power plants and
related structures—
(i)
construction of dams and
associated reservoirs;
(ii) inter—or intra-basin water
transfers;
(iii) construction of
hydroelectric power developments.
25. Utilities
(a) establishment of waste
disposal sites;
(b) establishment of facilities
for the collection, storage or
disposal of hazardous waste
materials.
WHOLESALE TRADE
26. Petroleum Products
Petroleum products, wholesale—
Establishment of petroleum
products storage facilities
27. Other Products, Wholesale
Waste materials, wholesale—
Establishment of facilities for
the purpose of assembling,
breaking up, sorting or wholesale
trading of scrap, junk or waste
material of any type.
28. Services
Economic services administration—
(a) resource conservation and
management programmes involving
introductions of exotic species of
animals or plants for any purpose;
(b) resource conservation and
management programs involving
introductions of native species of
animals or plants into areas where
those species do not occur at the
time of the proposed introduction;
(c) designation of land for
cottage development or other
recreational development.
ACCOMMODATION, FOOD AND BEVERAGE
SERVICES
29. Accommodation Services
Establishment of recreation and
vacation camps.
30. Amusement and Recreational
Services
Commercial spectator sports—
(a) establishment of horse
racetrack operations;
(b) establishment of racetrack
operations for motorized vehicles
sports and recreation clubs and
services;
(c) establishment of facilities,
including trails;
(d) establishment of outdoor
firearm ranges;
(e) establishment of marina
operations;
(f) establishment of facilities,
including trails, for motorized
recreational vehicles;
(g) other amusement and
recreational services.
SCHEDULE 2
(Regulation 3)
UNDERTAKINGS FOR WHICH
ENVIRONMENTAL IMPACT ASSESSMENT (EIA)
IS MANDATORY
1. Agriculture.
(a) land development for
agriculture purposes not less than
40 hectares;
(b) agricultural programmes
necessitating the resettlement of
20 families or more.
2. Airport.
Construction of all airports or
airstrips as well as the
enlargement of existing airports
or airstrips.
3. Drainage and Irrigation.
(a) construction of dams and
man-made lakes;
(b) drainage of wetland;
(c) irrigation schemes.
4. Land Reclamation.
(a) coastal land reclamation;
(b) dredging of bars, estuaries.
5. Fisheries.
(a) construction of fishing
harbours;
(b) harbour expansion;
(c) land based aquaculture
undertaking.
6. Forestry.
(a) conversion of hill forest land
to other land use;
(b) logging or conversion of
forest land to other land use
within catchment area of
reservoirs used for water supply,
irrigation or hydro-power
generation or in areas adjacent to
forest, wildlife reserves;
(c) conversion of wetlands for
industrial, housing or
agricultural use.
7. Housing.
(a) human settlement development
undertaking;
(b) housing development.
8. Industry.
(a) chemical—where production
capacity of each product or
combined products is greater than
100 tonnes/day;
(b) petrochemicals—all sizes or
raw materials requirements of 100
tonnes/day or greater;
(c) non-ferrous—smelting—
(i)
aluminium—all sizes;
(ii) copper—all sizes;
(iii) others—producing 50
tonnes/day and above product;
(d) Non-metalic—cement—lime—10
tonnes/day and above burnt lime
rotary kiln or 50 tonnes/day and
above vertical kiln.
(e) iron and steel;
(f) shipyards;
(g) pulp and paper.
9. Infrastructure.
(a) construction of hospitals;
(b) industrial estate development;
(c) construction of roads and
highways;
(d) construction of new townships;
(e) construction of railways.
10. Ports.
(a) construction of ports;
(b) port expansion involving an
increase of 25 per cent or more in
handling capacity per annum.
11. Mining.
(a) mining and processing of
minerals in areas where the mining
lease covers a total area in
excess of 10 hectares;
(b) quarries—
Proposed quarrying of aggregate,
limestone, silica, quartzite,
sandstone, marble and decorative
building stone within 3 kilometres
radius of any existing village,
residential, commercial or
industrial areas, or any area
earmarked for residential,
commercial or industrial
development;
(c) sand dredging.
12. Petroleum.
(a) oil and gas fields
development;
(b) construction of off-shore and
on-shore pipelines;
(c) construction of oil and gas
separation, processing, handling,
and storage facilities.
(d) construction of oil
refineries;
(e) construction of product depots
for the storage of petrol, gas or
diesel which are located within 3
kilometres of any commercial,
industrial or residential areas.
13. Power Generation and
Transmission.
(a) construction of steam
generated power stations;
(b) dams and hydroelectric power
schemes;
(c) construction of combined cycle
power stations;
(d) construction of nuclear-fueled
power stations;
(e) erection of power transmission
lines.
14. Resort and Recreational
Development.
(a) construction of coastal resort
facilities or hotels with more
than 40 rooms;
(b) hill top resort or hotel
development;
(c) development of tourist or
recreational facilities in
national parks;
(d) development of tourist or
recreational facilities on islands
in surrounding waters.
15. Waste Treatment and Disposal.
(a) toxic and hazardous waste—
(i)
construction of incineration
plant;
(ii) construction of recovery
plant (off-site);
(iii) construction of waste water
treatment plant (off-site);
(iv) construction of secure land
fills facility;
(v) construction of storage
facility (off-site).
(b) municipal solid waste—
(i)
construction of incineration
plant;
(ii) construction of composting
plant;
(iii) construction of
recovery/recycling plant;
(iv) construction of municipal
solid waste landfill facility;
(v) construction of waste depots.
(c) municipal sewage—
(i)
construction of wastewater
treatment plant;
(ii) construction of marine
outfall;
(iii) night soil treatment.
16. Water Supply.
(a) construction of dams
impounding reservoirs;
(b) groundwater development for
industrial, agricultural or urban
water supply.
17. Environmental Conservation and
Management.
(a) activity to remove
"designated" status from an area
designated for wildlife
conservation and management;
(b) activities relating to—
(i)
Wildlife conservation and
management;
(ii) Forest conservation and
management;
(iii) Watershed conservation and
management;
(iv) Commercial exploitation of
fauna and flora.
SCHEDULE 3
(Regulation 15 (2))
ENVIRONMENTAL IMPACT ASSESSMENT (EIA)
SCOPING NOTICE
.....................................................................................................................................................
propose to establish a (Name of
company/organization)
.........................................................
at
......................................................
in the
.............................................................
(Project/Undertaking)
(Location)
..........................................................................of
the
.........................................................................................................
(District(s)
(Region)
Notice of the proposed
..............................................................
is hereby served for public
information, as required under the
procedure for the conduct of E.I.A.
Any person who has an interest,
concern, or special knowledge
relating to potential
environmental effects of the
proposed understanding, may
contact submit such concerns, etc.
to:
The Managing
Director,
The Executive Director
A
Company
Ltd.,
and
Environmental
Protection Agency
P. O. Box
A,
P. O. Box M-326,
Accra.
Accra.
Tel:
Tel:
664697/8; 780175-9
Fax: 662690
SCHEDULE 4
(Regulation 16 (3))
ENVIRONMENTAL IMPACT ASSESSMENT (EIA)
NOTICE
The Environmental Protection
Agency (EPA) has received an
Environmental Impact Statement (EIS)
on a proposed
.............................. at
.................... Copies of the
EIS are available at the EPA
Library, EPA
.....................................
Regional Office and
........................
District/Municipal/Metropolitan
Assembly.
Any person who has an interest or
concern relating to potential
environmental impact of the said
undertaking shall within 21 days
from the date of publication of
this notice, submit in writing
such concerns, etc. to:
The Executive
Director
or The EPA
Regional Officer
Environmental Protection
Agency
..........................................
P.O. Box
M-326
..........................................
Accra
..........................................
Tel: 664697/8; 780175-9
Fax: 662690
Executive Director
ENVIRONMENTAL PROTECTION AGENCY
Date:
SCHEDULE 5
(Regulation 30(2))
ENVIRONMENTALLY SENSITIVE AREAS
1. All areas declared by law as
national parks, watershed
reserves, wildlife reserves and
sanctuaries including sacred
groves.
2. Areas with potential tourist
value.
3. Areas which constitute the
habitat of any endangered or
threatened species of indigenous
wildlife (flora and fauna).
4. Areas of unique historic,
archaeological, or scientific
interests.
5. Areas which are traditionally
occupied by cultural communities.
6. Areas prone to natural
disasters (geological hazards,
floods, rainstorms, earthquakes,
landslides, volcanic activity,
etc.).
7. Areas prone to bushfires.
8. Hilly areas with critical
slopes.
9. Areas classified as prime
agricultural lands.
10. Recharge areas of aquifers.
11. Water bodies characterized by
one or any combination of the
following conditions—
(a) water tapped for domestic
purposes;
(b) water within the controlled
and/or protected areas;
(c) water which supports wildlife
and fishery activities.
12. Mangrove areas characterised
by one or any combination of the
following conditions—
(a) areas with primary pristine
and dense growth;
(b) areas adjoining mouth of major
river system;
(c) areas near or adjacent to
traditional fishing grounds;
(d) areas which act as natural
buffers against shore erosion,
strong winds or storm floods.
CLETUS AVOKA
Minister Responsible for the
Environment.
Date of Gazette Notification: 26th
February, 1999. |
