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 (h) Environmental regulations

Angola

(i) Regulations: are there any environmental or health and safety regulations or legislation applicable to power plants?

The Sustainable development is one of the main vectors of the Angolan economy. Thus, it is necessary to obtain an environmental licence for implementing any power project which requires a positive assessment of the environmental impact of the project. The environmental impact assessment aims to ascertain the social, environmental and economic feasibility of the project, the methods of neutralising and/or minimising its effects and must necessarily include a public consultation (hearing of the communities that may be harmed because of the project).

(ii) Additional consents required by a project company

The Environmental Law, Law 59/2007, of 13 July, applies to activities that are susceptible to causing environmental and social significant impact. The law sets forth that an installation/construction licence shall be previously obtained from the entity competent for the environmental policy, i.e., the Ministry of Environment/the Provincial Governments (a National Environment Institute is still not created but its creation was recently set forth as a priority for the next years) and thereafter an operation licence must be obtained by means of verification of the fulfilment of all the requirements set forth by the Environmental Impact Study obtained previously.

The decision on the attribution of any of the above environmental licences shall be issued within 90 days from the date of submission of the application for such purpose and the costs vary according to the executive decree jointly enacted by the Ministers for Finance and Environment.

Guinea

(i) Regulations: are there any environmental or health and safety regulations or legislation applicable to power plants?

The Ordinance n* 045/PRG/87 related to the Environmental Code of the Republic of Guinea regulates the environmental, health and safety for power plants.

(ii) Additional consents: are there any environmental licences, permits or consents that are required by a project company in relation to a Project? If so, please provide details of how / from whom these licences can be obtained as well as the timing and costs thereof.

The construction of power plant requires an authorization by joint Decree of the Ministry of Industry, Small and Medium companies and the Ministry of Environment, after a request of the owner or the operator of the construction.

The degree of environmental authorization depends on the hazard or the severity of damage that might result from the exploitation of the power plants (Ordinance n* 045/PRG/87 related to Environmental Code of the Republic of Guinea).

When the construction may affect the environment because of its size, the owner of the project, has to submit an Impact Study to the Ministry of Environment. This Impact Study assesses the direct and indirect impacts of the project on the ecological balance of Guinea and the quality of life for the people.

Ivory Coast

(i) Regulations: are there any environmental or health and safety regulations or legislation applicable to power plants?

The environmental or health and safety regulations that the power project has to comply are set out in the Law n* 96-766 dated on 3rd October 1996 related to the Environment Code.

(ii) Additional consents required by a project company

The Environment Code requires an Environmental Impact Assessment (EIA) to be completed for any investment project with significant environmental impacts. Also, the project must apply for an Environmental Permit from the Ministry of Environment.

The award of the Environmental Permit and the process for the EIA are set out in the Environment Code (see above).

Kenya

(i) Regulations: are there any environmental or health and safety regulations or legislation applicable to power plants?

NEMA requires a reasonably long and "thorough" application process before granting an Environmental Impact Assessment Licence ("EIAL") to begin. Further, an EIAL is a prerequisite for a development plan under the Physical Planning Act or for licences granted in acccordance with the provisions of the Energy Act.

The Occupational Safety and Health Act No.15 of 2007 requires a project to be registered as a work place in accordance with the provisions of the Act.

(ii) Additional consents required by a project company

There are supplementary environmental licences required that can be obtained from NEMA such as effluent discharge licences, emissions licences or a borehole licences. The need for the above mentioned licences can only be determined after the environmental impact assessment studies have been completed. Depending on the nature of the power generating project a water abstraction permit may be required.

There are other licences like certification under the Standards Act, VAT registration for the Kenya Revenue Authority ("KRA"), PIN registration and National Social Security Fund ("NSSF") registration for the employees.

Madagascar

(i) Regulations: are there any environmental or health and safety regulations or legislation applicable to power plants?

A power plant must obey the environmental regulations (see MECIE decree).There is no specific health and safety legislation in Madagascar. Project companies are governed by civil law liabilities and best practice.

(ii) Additional consents required by a project company

The principal consents are listed above. Ancillary authorisation related to the above may be required on a project by project basis.

Mali

Please contact us for further information.

Mauritius

(i) Regulations: are there any environmental or health and safety regulations or legislation applicable to power plants?

In terms of environmental regulations, the relevant requirement is an EIA License which an applicant needs to obtain as mentioned in the preceding paragraphs.

(ii) Additional consents: are there any environmental licences, permits or consents that are required by a project company in relation to a Project? If so, please provide details of how / from whom these licences can be obtained as well as the timing and costs thereof.

Other than the above there are no other environmental licenses required.

Morocco

(i) Regulations: are there any environmental or health and safety regulations or legislation applicable to power plants?

Yes: Laws no 11-03 and 12-03.

(ii) Additional consents required by a project company

Additional consents are required if the Project could pose a direct risk to the enrivonment.

Mozambique

(i) Regulations: are there any environmental or health and safety regulations or legislation applicable to power plants?

In Mozambique, there are no specific environmental regulations applicable to power plants or power projects. Nevertheless, the Environmental Law and the Regulations on Environmental Impact Assessment shall apply.

This said, an Environmental License has to be obtained whenever the activity to be undertaken is deemed to have relevant impact on the environment. As a rule, major projects such as a power plant require a prior Environmental Impact Assessment (EIA) so as to obtain such a license.

Pursuant to the law, the Environmental License is required to be obtained prior to the any other licenses required for the project. 

(ii) Additional consents: are there any environmental licences, permits or consents that are required by a project company in relation to a Project?   If so, please provide details of how / from whom these licences can be obtained as well as the timing and costs thereof.

As a rule, power projects require and Environmental License. For such purposes, an application shall be submitted to MICOA which shall qualify the project and further advice on whether or not an EIA is required depending on the type, location and scale of the project to be implemented. The application shall comprise (i) a description of the project, (ii) relevant information on the activity and the project company, (iii) socio-economical and environmental information pertaining to the relevant area, (iv) environmental assessment steps required, and (v) Preliminary Environmental Information Form duly filled. Further the EIA shall be performed by the project company and, if approved an Environmental License is granted.

Niger

(i) Regulations: are there any environmental or health and safety regulations or legislation applicable to power plants?

The Environmental Code dated on 29th December 1998 sets up the general legal framework and basic principles of Environmental Management in Niger. 

(ii) Additional consents: are there any environmental licences, permits or consents that are required by a project company in relation to a Project?   If so, please provide details of how / from whom these licences can be obtained as well as the timing and costs thereof.

The construction of power plant requires an Environmental Permit from the Ministry in charge of Environment based on the Environmental Impact Assessment (EIA). This authorization is delivered by a decision of the Minister in charge of Environment and Sanitation.

Nigeria

(i) Regulations: are there any environmental or health and safety regulations or legislation applicable to power plants?

The EIA, the Energy Commission of Nigeria Act and The Harmful Waste (Special Criminal Provisions, etc.) Act apply to power plants. The EIA Act provides the obligation for an EIA study to be conducted on any project likely to have a significant impact on the environment. Such a study is to be prepared at an early stage before the project is undertaken and directed to the NESREA for approval. The Report must set out the potential impact of the project on the environment and plans for preventing/mitigating the same, as well as clean up plans.

The Harmful Waste (Special Criminal Provisions, etc.) Act makes it a criminal offense to carry, deposit and dump harmful waste on any Nigerian land or territorial waters. Hence, all IPPs must integrate an efficient waste disposal system into the project.

(ii) Additional consents required by a project company

(See comments above).

South Africa

(i) Regulations: are there any environmental or health and safety regulations or legislation applicable to power plants?

  • the Safety legislation detailed above is applicable to all businesses in South Africa;
  • the National Environmental Management Act;
  • the National Environmental Laws Amendment Act;
  • the National Water Act;
  • the Atmospheric Pollution Prevention Act;
  • the Air Quality Act;
  • the Environmental Conservation Act;
  • the National Heritage Resources Act;
  • the Hazardous Substances Act;
  • the Health Act; and
  • the Nuclear Energy Act.

In addition, the National Environmental Management: Waste Bill is anticipated to be passed into law in the near future. South Africa is a signatory to various international environmental agreements and the requirements of its various pieces of environmental legislation are in accordance with the requirements and standards of the Equator Principles.

(ii) Additional consents required by a project company

The nature and extent of these permits and consents, as well as how long they will take to obtain, and their costs are dependent on the nature of the project, where the project is situated, the impact of the project on the environment as well as its socio-economic impact and the community response to the project. Accordingly, it is difficult to give hard and fast rules as to what permits and consents will always be required and how long it will take to obtain them, as well as the cost of obtaining them. However, obtaining environmental consents and heritage consents has been a cause for delay on numerous projects. Therefore, it is advisable that the environmental and heritage impacts of a project are analysed at the earliest stages of a project and the process of conducting the scoping reports and impact assessments are commenced as soon as possible in order to avoid undue delays.

Tanzania

(i) Regulations: are there any environmental or health and safety regulations or legislation applicable to power plants?

(A) Relevant regulations include:

National Policies

  • National Environment Policy (NEP) (1997)
  • Energy Policy (2003)
  • Water Policy (2002)
  • National Human Settlements Development Policy (2000)
  • National Land Policy (1995)
  • National Strategy for Growth and Poverty Reduction (2005)
  • Agriculture and Livestock Policy (1997)
  • National Forest Policy (1998)
  • Wildlife Policy (1998)

Legal Framework

  • Constitution of Tanzania (1977 - 1995)
  • Environmental Management Act (2004)
  • Environmental Impact Assessment and Audit Regulations (2005)
  • Forest Act (2002)
  • Wildlife Conservation Act (1974)
  • Land Act and The Village Land Act (1999)
  • Land Regulation (2001)
  • Land (Amendment) Act (2004)
  • Courts (Land Disputes Settlements) Act (2002)
  • Local Government Act (1982)
  • Occupational Health and Safety Act (2003)
  • Industrial and Consumer Chemicals (Management and Control) Act (No. 3), (2003)
  • Water Utilization Act (1974) (amended in 1981)
  • Antiquities Act (1964)
  • Road Act (2007)

(B) The Environment Management Act No. 6 of 2004 (the "EMA") and the Environment Impact Assessment and Audit Regulations, 2005 (the "EIAR") provide for the sustainable management of the environment through a legal and institutional framework which promotes the enhancement, protection, conservation and management of the environment.

(C) The EMA also requires any person, being a proponent or a developer of a project or undertaking of Electrical infrastructure to undertake, at his own cost, an environmental impact assessment (the "EIA") study which must be carried out prior to the commencement or financing of a project or undertaking.

(D) No licensing authority shall issue a certificate for any project for which an EIA is required under the EMA without the applicant producing an EIA certificate issued by the Minister under the EIAR.

(E) Any permit or licence issued for carrying out the project does not entitle the proponent or developer to undertake or cause to be undertaken a project or activity without an EIA.

(ii) Additional consents required by a project company

There are a number of minor environmental consents and authorisations which are required for an IPP to operate such as a waste handling consent but the key consent is the EIA certificate.

Uganda

(i) Regulations: are there any environmental or health and safety regulations or legislation applicable to power plants?

The main regulation is the requirement for an environmental impact assessment ("EIA") to be conducted by the National Environment Management Authority (NEMA) upon which environmental clearance licences are awarded.

(ii) Additional consents required by a project company

There are other minor environmental consents and authorisations which are required to operate. These are all governed by the National Environment Management Authority.

Zambia

(i) Regulations: are there any environmental or health and safety regulations or legislation applicable to power plants?

Yes

(ii) Additional consents required by a project company

Any developer of the project will need to enter into a public consultation process and prepare an EIA, in accordance with the terms of the Environment Act. In addition to the environmental impact of the Project, any developer will also need to assess the detrimental impact of the Project on the social, economic and cultural welfare of the affected community and to propose methods or strategies to mitigate such detriment. GRZ will need to give consideration to the level of environmental risk it will bear as developers are unlikely to bear unlimited environmental risk. The costs of an EIA depend on the size of the project. The time it takes to get the permit will depend on the speed at which the public consultants are held.

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