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

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The proposed Project requires an EIA under the terms of the Nigerian EIA Act<br />

(1992). An EIA is required for projects listed in the Schedule to the Act.<br />

Paragraph 13 (a) of the Schedule lists the following:<br />

(a) ‘Construction of steam generated power stations burning fossil fuels and having<br />

a capacity of more than 10 megawatts.’<br />

The Act allows a list to be drawn up of projects that are likely to have minimal<br />

environmental effects and which do not need EIA. Where a project is not<br />

listed in the Schedule to the Act and is not listed as being excluded, a<br />

screening report must be produced.<br />

Nigeria’s Cultural Policy (1996)<br />

The national cultural policy is generally regarded as an instrument of<br />

promotion of national identity and Nigerian unity, as well as of<br />

communication and cooperation among different Nigerian and/or African<br />

cultures.<br />

<strong>Edo</strong> State has no listed United Nations Environment Programme (UNEP)<br />

World Heritage sites. In addition, there are no known nationally protected<br />

cultural resources in the area of the Project.<br />

The Forestry Act (1958)<br />

The principal legislation in force for the regulation of the forest sector is the<br />

Forestry Act 1958. The Forestry Law CAP 51 of 1994 prohibits any activity<br />

that may lead to the destruction of or cause injury to any forest produces,<br />

forest growth or forest property.<br />

The <strong>Edo</strong> State Forestry Law CAP 59 (1976) (EDSFL CAP 59) (previously<br />

known as Bendel State Forestry Law CAP 59 (1976)), provides classification<br />

for forest types. Since its enactment, the EDSFL CAP 59 has undergone<br />

legislative amendment, including the Forestry (Amendment) Edict No 13 of<br />

1984 and the Forestry (Amendment) Law, 2002. The former contains<br />

provisions to control logging and other forestry activities in the federal state<br />

while latter prohibits any act that may lead to destruction of forest reserve<br />

and/or protected forest areas in the State.<br />

The EDSFL CAP 59 defines two types of forest close to the Project site, namely<br />

anthropogenic forest and natural forest. The anthropogenic forest is not<br />

closed, is young and not well maintained. The Natural forest close to the<br />

study area is the SAKPOBA Forest Reserve, situated over 20km from the<br />

proposed project site. No natural forest reserves or protected areas will be<br />

disturbed by the implementation of the Project.<br />

AZURA EDO IPP<br />

1-15<br />

DRAFT EIA REPORT

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