Interpretation

In these Regulations, unless the context otherwise requires“Act” means the Environmental Protection Act; “Committee” means the National Environmental Appraisal Committee established under regulation 26 of these Regulations; “Department” means the Department of the Environment established under section 3 of the Act; “developer” means a person who– (i) carries out or proposes to carry out an undertaking; or (ii) is the owner or person having charge, management or control of an undertaking; “Environment” means the surroundings that all living things interact with, and for the purpose herein it focuses on the natural vegetation, fish and wildlife, and also water, coasts, seas, air and land, and the interrelationship which exists among and between Environmental Protection 9 water, air, and land, and human beings, other living creatures, plants, micro–organisms and property; “Environmental Compliance Plan” or “ECP” means a legally binding document developed by the of Environment as defined in regulation 6(c) consisting of a set of legally binding environmental conditions, guidelines, policies and restrictions which the developer or his representative agrees to in writing to abide by as conditions for project approval; “Environmental Clearance” means approval of a proposed undertaking, project, programme, policy or activity granted by the Department of Environment, stipulated in the form of a letter; “Environmental Impact Assessment” or “EIA” means studies needed in identifying, predicting, evaluating, mitigating and managing the environmental, and key social and economic impacts of development projects, undertakings, programmes, policies or activities, the report of which is presented in a written document called the Environmental Impact Assessment report; “guidelines” means any procedures approved by the Minister for the preparation of environmental impact assessments; “Limited Level Environmental Study” means a study used for the prediction, evaluation, estimation and communication of the possible environmental effects of some proposed projects, undertakings, or activities, where it is the opinion of the Department that the project, undertaking or activity could have some negative impacts on the environment. The Terms of Reference for a Limited Level Environmental Study can be limited in nature and should not be as comprehensive as that for “Minister” means the Minister charged with responsibility for the environment; 10 Environmental Protection “Public Consultation” for the purpose of this regulation means a two–way flow of information from the project proponents and the EIA team, to the general public and vice versa, with the objective of deliberating together, allowing the general public, especially local communities close to the project site, opportunities to express their opinions, advise or point of view, while simultaneously ensuring that the project proponents or the EIA team provide details and explanations of the proposed undertaking, project, program or activity for which an Environmental Impact Assessment is being prepared. This process should be open and accessible to the general public; “Public Hearing” means the convening of a meeting for the purpose of giving the general public the opportunity to be heard, to present their arguments, testimony or opinions regarding a specific undertaking, project, programme or activity for which an Environmental Impact Assessment is being prepared. Participation in this process is governed by rules of procedures established by the Department prior to holding the hearing. A public hearing will be presided over by an impartial moderator appointed, by the Department. This process should be accessible to the general public and is convened by the Department; “Suitably Qualified Person” means a person possessing academic training, technical expertise obtained in the field, and/or knowledge obtained as a result of formal and informal education and training in the field of Natural Sciences, with a background in Natural Resources Management, Environmental Studies, Environmental Impact Assessments, or similar related fields deemed relevant to the preparation of an Environmental Impact Assessment report; “Tribunal” means the tribunal constituted by regulation 29; “undertaking” means any enterprise, activity, project, structure, work, policy, proposal, plan or program that may, in the opinion of the Department, have a significant environmental impact, and includes a modification, an extension, an abandonment, a demolition and a rehabilitation thereof. Environmental Protection 11