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Azura-Edo Independent Power Plant Environmental Impact ... - IFC

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Nigerian EIA Act No 86 (1992)<br />

The EIA Act No 86 (1992) is the primary Act governing EIAs in Nigeria. The<br />

Act was promulgated in order to enable the prior consideration of an EIA on<br />

specified public or private projects.<br />

The Act sets out the procedure to be followed and methods to be used in<br />

undertaking an EIA. Section 2 (2) of the Act requires that where the extent,<br />

nature or location of the proposed project or activity is such that it is likely to<br />

significantly affect the environment, an EIA must be undertaken in accordance<br />

with the provisions of the Act. The Act requires that project proponents apply<br />

in writing to FMEnv prior to embarking on the proposed project, to ensure<br />

that an EIA is undertaken in the planning stages of the Project.<br />

Section 4 (a) – (g) sets out the following minimum requirements for an EIA:<br />

• description of the proposed activities;<br />

• description of the potentially affected environment of the proposed project<br />

including specific information necessary to identify and assess the<br />

environmental effects of the proposed activities;<br />

• description of practical activities, as appropriate;<br />

• assessment of the likely potential environmental impacts of the proposed<br />

activities and the alternatives, including direct or indirect, cumulative,<br />

short and long term effects;<br />

• identification and description of measures available to mitigate adverse<br />

environmental impacts of the proposed activities and an assessment of<br />

these measures;<br />

• indication of gaps in knowledge and uncertainty;<br />

• indication of whether the environment of any other state or Local<br />

Government Area(s) (LGA) or areas outside Nigeria are likely to be<br />

affected by the proposed activity or its alternatives; and<br />

• brief and non-technical summary of the information provided under the<br />

above provisions.<br />

Section 7 of the Act requires that FMEnv must provide government agencies,<br />

members of the public, experts in any relevant discipline and interested<br />

groups an opportunity to comment on EIAs prior to making a decision.<br />

Section 9 (1) requires that FMEnv provides its decision in writing, and<br />

includes reasons for the decision and required provisions, if any, to prevent,<br />

reduce or mitigate any negative impacts on the environment.<br />

AZURA EDO IPP<br />

1-14<br />

DRAFT EIA REPORT

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