Requirement for environmental impact assessment

(1) Any person intending to undertake any project, programme or activity which may significantly affect the environment shall cause an environmental impact assessment to 31 be carried out by a suitably qualified person, and shall submit same to the department for evaluation and recommendations. (2) An environmental impact assessment shall identify and evaluate the effects of specified developments on– (a) human beings; (b) flora and fauna; (c) soil; (d) water; (e) air and climatic factors; (f) material assets, including the cultural heritage and the landscape; (g) (h) the ecological balance; (i) any other environmental factor which needs to be taken into account. (3) An environmental impact assessment shall include measures which a proposed developer intends to take to mitigate any adverse environmental effects and a statement of reasonable alternative sites (if any), and reasons for their rejection. (4) Every project, programme or activity shall be assessed with a view to the need to protect and improve human health and living conditions and the need to preserve the reproductive capacity of ecosystems as well as the diversity of species. (5) When making an environmental impact assessment, a proposed developer shall consult with public and other interested bodies or organizations. 32 (6) The Department may make its own environmental impact assessment and synthesise the views of the public and interested bodies. (7) A decision by the Department to approve an environmental impact assessment may be subject to the signing of an Environmental Compliance Plan, the payment of an environmental monitoring fee, the posting of guarantees or performance bonds, and such other conditions as may be reasonably required for environmental purposes. (8) Any exercise of the powers of the Department under sub- sections (6) and (7), is an exercise of a disaster preparedness related power within the meaning of section 13(1) of the Disaster Preparedness and Response Act. CAP. 145.