Sourcebook on the Integration of Natural Hazards into the ...

The EPA establishes the requirement for EIAs in Guyana.
Part IV contains provisions regulating EIAs. Under this
Part, s.11, any developer whose project falls within the
classes of projects listed in the fourth schedule or any other
project that may significantly affect the environment, is
required to apply to the Environmental Protection Agency
(referred to as “Agency”) for an Environmental Permit.
Section 10 of the EPA defines EIA as an assessment as
provided for under Part IV of the Act.
There is a prescribed form that an applicant seeking an
Environmental Permit must submit along with specific
information. This includes information on
• the site, design and size of the project;
• possible effects on the environment;
• the duration of the project; and
• a non-technical explanation of the project.
In the case where it is not clear whether a project will
significantly affect the environment, the developer must
submit a summary of the project to the Agency, containing
the same information as in the case of an application for
an Environmental Permit. For this class of projects, the
Agency decides whether to exempt the project from having
to undertake, or it may require it to do so, in which case it
must place a public notice in a local daily newspaper.
Where the Agency exempts a project other than under
s.11(3) any person who may be affected by that project
has the right of appeal against the decision of the Agency.
The legislation prescribes the procedures for the appeal
which must be made to Environmental Assessment Board
(EAB).
The EPA stipulates that only an independent and
suitably qualified person approved by the Agency can carry
out an EIA*. The legislation establishes the procedures for
undertaking EIAs and the contents of the EIA Report
(statement). Section 11 (4) specifies what persons
conducting EIAs must consider and s.11(5) details what
EIAs must contain.
Persons undertaking EIAs are required to identify,
describe and evaluate the direct and indirect effects of
the proposed project on the environment. The legislation
lists those environmental receptors that must be assessed
such as human beings; flora and fauna and species habitat;
water; soil; air and climatic factors; material assets, the
cultural heritage and the landscape; natural resources; and
the ecological balance between ecosystems.
Under s.11(5) every EIA must contain:
• a description of the project (location, production
processes, emissions, etc.);
• an outline of the main alternatives;
• a description of likely significant effects;
• an indication of difficulties (technical, expertise,
knowledge, etc.) encountered during the study;
• description of best available technology;
• description of any hazards or dangers which may
arise from the project and an assessment of the
risk to the environment;
• a description of mitigation measures;
• a statement of the degree of irreversible damage;
• an emergency response plan;
• a rehabilitation and restoration programme; and
• a non-technical summary of the information.
The Agency is compelled to publish a notice of the
proposal in a daily newspaper, at the expense of the
developer, before the EIA starts. Members of the public
have a specified time period (28 days) within which to
make written submissions to the Agency asking questions
and raising matters to be considered by the EIA. There
is no qualification in the legislation indicating which
members of the public have a right to make submissions.
The Agency is responsible for developing the Terms of
Reference (TORs) and scope of the EIA and must consult
with the developer before doing so and must consider
submissions made by the public.
The EPA under s.12 authorises the Agency to approve
or reject the project after considering a number of factors
including public submissions, the recommendations of
the Environmental Assessment Board and the EIA and
Environmental Impact Statement (EIS). The Act requires
the Agency to publish its decision and the grounds for
making that decision.
Under s.13 the Agency stipulates that a decision by the
Agency to grant an environmental permit shall be subject
to a number of statutory conditions. The Agency has a
statutory duty not to issue an environmental permit unless
it is satisfied that the developer can comply with the terms
and conditions of the permit and that the developer can
pay compensation for any loss or damage which may
arise from the project or a breach of any of the terms and
conditions of the permit.
The environmental permit takes precedence over
other development consents. The EPA (s.14) prohibits
other public agencies responsible for issuing development
consents in relation to matters where an environmental
authorisation is needed, from so doing unless such
*This can be contrasted with the Dominican Physical Planning Act which authorises the Minister to make Regulations in respect of the qualifications of persons
preparing EIA Reports as opposed to conducting EIAs.
<strong>Sourcebook</strong> on the Integration of Natural Hazards into the Environmental Impact Assessment Processs 46