Burundi

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EIA profile

Updated to: 04 March 2015

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EIA background

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Country contact on EIA

Contact details for the country contact on EIA.

1) Ministry for Water, Environment, Land Management and Urban Development, Environment General Directorate in charge of the environment
Telephone: (257) 22 24 13 68
BP 631 Bujumbura

2) Burundi Association for Environmental Impact Assessment (ABEIE)
Telephone: (257) 77 74 91 02 / (257) 77 74 57

History of EIA

Brief description of the history of the EIA system in the country, including when it was introduced and any major milestones in its development.

The constitution promulgated in March 1992 in the wake of preparations for the Earth Summit, addressed the issue of the environment. Indeed, in Article 111, it ranks "the protection of the environment and conservation of natural resources" among the issues that are within the law. Following constitutions will naturally follow this approach.

Thus the current constitution, enacted in March 2005, states in Article 35 that "The State shall ensure the proper management and rational exploitation of the country's natural resources while preserving the environment and the conservation of these resources for generations to come. "

The presence of the environmental aspects in the constitution is thus paving the way for laws and regulations in this field.

Prior to Law No. 1/010 of 30 June 2000 on the Code of Environment of the Republic of Burundi, the EIA practice was mainly effective in projects supported by the World Bank and the African Development Bank. This law has been supplemented by an implementing decree: Decree 100/22 of 07 October 2010 on the enforcement of the Environmental Code in relation to the EIA procedure and a ministerial decision of 9 January 2013 following No 770/083 on the scoping in the EIA process in Burundi.

Year of introduction of EIA legislation

NB: this field is only meant for the world map. It is a hidden cell that is not published on the website. If available, mention the year when detailed national EIA regulations were issued. If such regulations do not exist and if EIA practice is base

2000

Legal framework for EIA

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Year of introduction of enabling law

Year when the enabling law for EIA was issued

Environmental code of Burundi: Law No. 1/010 of 30/06/2000

2000

Approving authority of enabling law

Authority that approved the enabling law for EIA.

Parliament of Burundi

Year of introduction of first national detailed regulation for EIA

Year when when the first national detailed regulation (procedural requirements) through which EIA was operationalized.

Decree No. 100/22 of 7 October 2010 on the implementation of the measures of the Environmental Code in relation to the procedure of environmental impact study

2010

Approving authority of first national detailed regulation for EIA

The authority that approved the first national detailed regulation (procedural requirements) through which EIA was operationalized.

The Council of Ministers

Recent updates and additions to the EIA legislation

Revisions of the EIA provisions in the enabling law or the national detailed EIA regulation (procedural requirements) are named. The year is listed, and the main changes since the first regulation are mentioned, if available. Also, additional EIA-re

Ministerial Decision No. 770/083 of 09/01/2013 on the scoping in the procedure for environmental impact study in Burundi by the Minister of Water, Environment, Spatial Planning and the Urbanism

Sector specific procedures or regulations on EIA

Any existing sectoral procedural or content regulations are listed here, as well as the authority that issued each.

There are some sector regulations with aspects related to EIA

  • Law No. 1/008 of 1 September 1986 Land Code of Burundi
  • Law No. 1/02 of 25 March on the Code of Forest Burundi
  • Decree Law No. 1/138 of 17 July 1976 and Petroleum Mining Code of Burundi
  • Decree-Law No. 1/41 of 26 November 1992 establishing and organizing the Hydraulic Public Domain
  • Decree-Law No. 1/16 of 17 May 1982 on the Code of Health
  • Decree No. 100/138 of 26 March 2007 on the reorganization of the National Commission for the Environment
  • Ministerial Order No. 530/770/720/320/205 of 27 February 2009 on development and management of protected areas in the vicinity of ravines and rivers crossing urban and green spaces
  • Ministerial Ordinance No. 540/760/770/236/2006 determining the annual contribution for site rehabilitation research and exploitation of mineral substances

Current enabling legislation for EIA

Name of current enabling legislation for EIA and link to it.

Environmental code of Burundi: Law No. 1/010 of 30/06/2000

Current national detailed regulation for EIA

Name of current national detailed regulation for EIA and link to it.

Decree No. 100/22 of 2010

Guidelines

Any government issued guidelines on EIA (general, or sectoral) are listed here, as well as the authority that issued each. Describe the legal status of the guidelines.

Not available. Plans for joint development of guidelines by ABEIE and the Environment Directorate are still ongoing.

Objective of EIA

The objective of EIA as stated in the above described legal basis.

Articles 21 and 22 of the Environmental Code provides that EIA assesses the direct and indirect impacts of any project on the ecological balance, the environment and quality of life of the population and the impacts on the protection of the environment in general.

Scope of EIA application

Describes which types of activities require EIA (public and/or private activities; national and/or foreign initiated project; or all such projects)

Articles 4 and 5 of the Decree contain provisions related to the type of projects submitted to EIA. Private, national and international projects are subject to EIA. Maintenance and large repair works are not subjected to EIA.

Article 4 determines that projects of Annex 1 are submitted to EIA irrespective of the cost of their realization. Article 5 promulgates that projects of annex 2 may be submitted to EIA if the Ministry in charge of the environment deems that they may be harmful to the environment under the conditions determined by the environment code.

Exemptions from EIA application

Describes any (groups of) activities identified in the regulation that are exempted from the requirement to do EIA (e.g. military or emergency activities).

Maintenance and major repairs works are not subject to the EIA procedure, whatever the projects or equipment which they relate to are. (Article 24)

Institutional setting for EIA

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Central EIA authority

Is there a central authority in charge of implementing EIA? Is it independent or linked to a higher body (e.g ministry)? What are its tasks related to EIA?

The Department of Environment is the central EIA authority. It operates under a General Directorate in charge of the Environment which is overseen by the Ministry for Water, Environment, Land Management and Urban Development.

Other key (governmental) parties involved in EIA, and their roles

Lists other key parties (e.g. a review commission, knowledge institute) that have a role in many or all EIAs.

National Institute for Environment and Nature Protection (INECN).

Mandate for exemption of EIA obligation

Describes if there is a legal mandate for a competent authority to make exemptions of EIA obligation. And if yes, under which conditions (e.g. national security, disasters or no conditions/when deemed necessary).

There is no mandate to make exemptions of the EIA obligation.

(De)centralisation of EIA mandates

Describes if EIA mandates are (de)centralised. Vertical decentralization refers to the extent to which the responsibility for EIA processes are delegated by the central government to the provincial or local authorities. Sectoral or horizontal decen

All decisions are taken at the Department of Environment of MEEAT&U.

EIA procedure

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Overview EIA procedure

Characterizes the overall EIA procedure. If relevant, interesting aspects of the EIA procedure are mentioned such as: which procedural steps are part of the EIA procedure? How are they linked to each other? Are there different levels of assessment di

Chapter II, III and IV of the decree of the Environment and the ministerial Decision No. 770/083 and Chapter 2 give some indications on the procedure of EIA.

For projects of Annex 2, the decision to submit the project to an EIA is taken by MEATU after consulting the sector or other sector administrations concerned by the project. The EIA is then completed by the third  party which should be an authorized body (consulting firms, public or private research institutions, organizations dealing with nature protection with qualified people in the field of EIA).

The report of the EIA is deposited and publicized. Then comes the administrative control of the quality and the decision on the EIA.

Screening

Screening requirement and authority

Describes if a formal screening decision required, and if so, which authority is responsible for this decision. Is this decision published?

The MEATU is responsible for the screening as provided by Article 5 of the Decree.

Screening process

Describes the screening process: steps in screening, the stakeholders involved and outcomes of the process, status of screening advice of different stakeholders, etc. Also describes any prescribed methods for screening. If preliminary EIA's / light EIA's / Initial Environmental Evaluations (IEE) are done in this country and which criteria determine whether a preliminary or a full EIA is requested

Projects of Annex 1 of the Decree are automatically subjected to EIA. For projects of Annex 2, the decision to submit the project to an EIA is taken by MEATU after receiving the advice of the relevant sector or other sector administrations that are affected by the project.

Provision for sensitive areas

Are specific requirements formulated for environmentally sensitive areas? (e.g. no minimum thresholds, full EIA instead of partial EIA)

The environmental law provides that water works that may impact on hydraulic systems, water courses, catchments and aquatic species (article 52) are subject to EIA. More generally, Article 5 of the Decree provides that the Minister takes into account the particularity of circumstances and sites to determine if the projects presented may have significant impacts on the environment or not.

Contents of the starting document

Describes the required content of the starting document (if any) that the proponent should submit to the competent authority for EIA screening. Mentions if the starting document is published.

Article 6 of the Decree facilitates preliminary screening, where the proponent sends a screening sheet to the Minister. The sheet describes the project and its potential effects on the environment as well as the terms and conditions for its implementation including the necessary measures prescribed to prevent, mitigate, correct or compensate for the potential effects on the environment. It specifies the conditions in which the proposed project will be conducted, the direct or indirect effects that it may have on the environment, the measures envisaged to prevent, modify or mitigate these risks, as well as alternatives that could address these risks.

Timeline Screening

Maximum number of (working) days allowed between submission of the starting document and the screening decision.

Article 7 of the Decree determines that within one month after the document has been submitted, the Minister has to take the screening decision.

Scoping

Scoping requirement

Is a formal scoping step required as part of the EIA process?

Scoping is described by the Ministerial Decision No. 770/083 of 09/01/2013 on the scoping in the procedure of EIA in Burundi.

Scoping process

Describes who carries main responsibility to undertake scoping and what the roles and responsibilities of the involved parties during the process are. Specifically, is there independent formulation and/or review of the scoping document, approval of the scoping document? Are any methods prescribed, e.g. participation, checklists. What guidance is provided?

Recognizing that the scoping a key step in the EIA process, a combined scoping approach is established in Burundi. The scoping is an open and interactive process, which serves to limit the scope of the EIS, to provide guidance on how to conduct the study and to facilitate the evaluation of the quality of the study. The scoping is done by a method combining fixed terms of references (that served as draft terms of reference) provided by the administration and specific elements for the project, as developed by the promoter after public involvement (Article1-3 of the ministerial decision). This scoping procedure refers to projects of Annex I and those of Annex II after the decision of submitting them to the EIA has been made by MEATU.

According to the ministerial decision of 2013 :

  • The promoter shall prepare a proposed TOR including the public and send it to MEATU for approval
  • MEEATU analyzes the proposed TOR, approves, monitors and revision them if necessary (Article 5), the promoter of the project pays for the scoping (Article 6)
Contents of the scoping document

Explains if there are there specific requirements for the content of the scoping document, and if so, what these are.

According to the ministerial decision related to scoping, fixed terms of references partly determine the content of the scoping document.

Timeline scoping

Number of (working) days for the decision on approval of the scoping document by the competent authority.

Not applicable.

Assessment and reporting

Assessment process

Steps and roles of stakeholders in the assessment and status of the input of the stakeholders. Also sets out methods for assessment of the environmental impacts of the activity, if prescribed, and whether the assessment covers environmental, social, economic and/or transboundary effects.

Articles 19, 20 and 21 provide an overview of the roles of stakeholders involved in the assessment of the quality of the report. Article 19 provides that the EIA report is submitted by the proponent or the owner of the project in triplicate to the Ministry of Environment for review and for approval. A copy is available to each administration concerned by the process of authorization for the execution of the work.

Article 20 provides that when the project subjected to EIA concerns a national park, nature reserve or a natural area protected by the provisions of Chapter 5 of the Code of the Environment or may have effects on the above elements, the EIA report should be referred to the authority responsible for the natural environment who shall give its opinion to the Ministry of Environment within a maximum of one month.

Article 21 provides that when the construction project subjected to the EIA procedure gives rise to a public inquiry, the report containing the impact assessment is included in the documents covered by advertising in public inquiry conducted for the admissibility of the proposed project. The conduct of the public inquiry is the responsibility of the Ministry for the Environment.

Contents of the EIA report

Explains what should be contained in the EIA report. Specifies if a potential Environmental Management Plan is part of the EIA report or if it is a separate document that contributes to the EIA process.

The impact study must include: the analysis of the initial state of the site and its environment, the evaluation of foreseeable consequences of the implementation of the project on the site and its natural and human environment, the utterance and description of the measures envisaged by the petitioner to remove, reduce and, if possible, offset the adverse consequences of the project on the environment and the corresponding estimate of expenses; presentation the alternatives and why the presented version of the draft was privileged (Article 23)

Article 16: For environmental impact studies for projects of structures and facilities, the requirements set out in section 23 of the Environmental Code specifically involve an analysis of the following data:

  •  A detailed description of the project and the reasons for his choice of other solutions possible;
  •  Analysis of the initial state of the site and its physical, socio-economic and human biological environment, including on natural resources, socio-economic and socio-cultural aspects that may be affected by the project;
  •  Analysis of the changing environment of the site in the absence of the project;
  • The identification, analysis and evaluation of possibilities and potential effects of the implementation of the project on the natural and human environment;
  • Identification of measures to avoid, reduce or eliminate harmful effects and planned to maximize the positive effects on the environment;
  • The Environmental Management Plan against the rules logistics accurately describing the prevention, reduction and / or offset the effects of the project on the environment, including institutional arrangements, costs, schedule for their implementation, monitoring mechanisms of the project and its environment as well as the compensation plan and affected by the project if communities;
  • The terms of reference of the study;
  • The summary in non-technical language specific information required in paragraphs above;
  •  A summary of public consultations including comments and recommendations received from parties interested or affected by the project.

Review

Review process

Overview of the review process, including: steps in the process and roles of the stakeholders, status of the input of the stakeholders. Is the process open to public? Review method: internal review, external review, panel/commission (permanent or temporary), are the review results documented? Are the review criteria general or case by case? Are the review results documented? Is a potential review

Articles 25, 26 and 27 reflect the substance of the chapter.

Article 25 provides that the EIA report as well as all documents and opinions resulting from the application of Articles 19 and 22, are examined by the Ministry of Environment.

The Ministry of the Environment may request from the promoter, any information or complementary study on aspects that are not sufficiently clarified in the report filed.

At the end of the review of the report (Article 25) the Ministry of Environment takes a justified decision of approving or rejecting the project. (Article 26).

Review expertise

Describes if the EIA is checked by external parties, and if so to what extent these represent required disciplines/expertise. Also sets out if measures have been taken to ensure that reviewers are impartial?

The Ministry of the Environment conducts the review. It can seek the views of other Ministries concerned by the project.

Timeline Review

Number of (working) days for review of the EIA by the competent authority.

Article 21 determines that the review shall not exceed three (03) months from the closing date of the public participation phase.

Decision-making

Integration of EIA into decision-making

Describes what kind of decision-making processes the EIA is intended to support. We look specifically at the decision on EIA approval, and how this relates to envirionmental approval for the project, and other project approval decisions (permits) needed before a project can proceed. This category describes which decisions are influenced by EIA and how they are linked to each other.

EIA report approval is integrated into the project approval; the approval of the EIA report implies the approval of the environmental permit.

The Ministry of Environment takes a justified decision of approval or rejection, which is transmitted to the ministerial competent authority for the implementation of the project. A copy of this decision is reserved for the proponent of the project. (Article 26)

Competent authority

Describes which authority/authorities is/are responsible for each of the main decision-making processes on EIA (EIA approval, environmental approval and/or project approval). It is explained if those decisions are taken by the same or different authorities.

Minister of Environment is the main decision-maker, but he/she may seek the views of other Ministries that are relevant to the project. He/she may as well request from the promoter any information or complementary study on aspects that are not sufficiently clarified in the submitted report. (Article 25)

Decision documents

Mentions if the decision (on EIA approval and/or environmental approval) is linked to certain documents (e.g. environmental management plan, permit conditions) in order to facilitate the management of environmental risks during project implementation. Also describes if commitments of the proponent are incorporated into legally binding instruments.

After the approval of the project, the EIA becomes a legal instrument whose provisions are legally binding for the promoter (Article 29).

Decision justification

Sets out requirements for justification of the consideration of the EIA information in decision-making (on EIA approval, environmental approval and/or project approval).

Decisions have to be justified in the environmental agreement certificate.

Decision publication

Does the decision (on EIA approval, environmental approval and/or project approval) have to be published? Also, is the decision justification published as well?

Decisions do not have to be made public, only to the concerned parties.

Timeline decision-making

Maximum number of (working) days available to the competent authority to make the EIA based decision (EIA approval, environmental clearance and/or project approval).

At the end of the review of the report (Article 25) which shall not exceed three (03) months from the closing date of the public participation phase (Article 21) the Ministry of Environment takes a decision. (Article 26)

Monitoring, Compliance and Enforcement

Compliance monitoring

Is compliance monitoring required to check if the project is implemented as described in the EIA documents and/or if mitigation of environmental impacts complies with applicable standards and other measures set out in the EIA documents? Who is responsible for ensuring compliance? How does this authority ensure compliance (for example, through inspections)? And what requirements are there for the p

Monitoring is required, no further specifications.

External monitoring

Are there monitoring requirements that involve external parties, such as citizen monitoring (for example, through a complaints procedure), or third party auditing?

No possibilities specified.

Non-compliance penalties

Are there penalties that the authority responsible for compliance can apply if environmental conditions are not met? What are these? (for example, fines, suspension of license)

The promoter is given a warning in case measures in the follow up and monitoring programme are not met or if their performance is not consistent with the description provided. If the warning is not enough, the violation action is sanctioned in accordance with Article 27 of the Environmental Code (Article 31). Also, the administration of the Environment may either order the suspension of operations or works undertaken or withdraw the environmental authorization. It should be noted that no compensation can be claimed by the promoter for the damage suffered, except if he appeals before the competent court to demonstrate that the sanction was inappropriate.

EIA evaluation

Are there any requirements to monitor if the impacts in reality are as they were predicted in the EIA, with the purpose of evaluating the EIA itself and improving future EIA practice?

Not specified in legislation.

Payment system

Is the proponent required to pay a fee when applying for an EIA? Is this fee linked to a permitting fee, or separate? If yes, when is this paid and to whom (to the agency that issues the license or to a central agency)?

For the review of the EIA by the Ministry of Environment, the promoter shall pay an administrative fee whose amount is yet to be fixed by a joint order of the Ministries of the Environment and Finance as provided by the regulation. It should be noted that the fee will be paid again in case the EIA is rejected and another study is submitted to the review.

Public participation

Public participation requirements for EIA process stages

Describes for which of the EIA process stages public participation is required.

The public may comment on the EIA report.

Public participation guidance

Has any guidance on participation been provided?

Public participation manual does not exist, no guidance.

Access to information

Which of the information that is generated in the EIA process is available to the public? Specifically, which reports and decision statements?

The EIA report is available to the public.

Information dissemination

How can the public receive the information that is publicly available? Are there public announcement on the proceedings? How/where are these published? Is information made available locally? Is information sent on request? etc.

According to Article 22: When the EIA concerns a construction project for which a public hearing is not required by the legal provisions in force, it is made public under the following terms:

  • The availability of the study is announced to the public by posting at places to be determined by the Ministry of Environment and, in any case, at the headquarter of the provincial or territorial administrative unit concerned. Announcements by means of radio or television could be considered;
  • Advertising on the EIA and its consultation is made by insertion in one or more national newspapers, not more than two weeks after the EIA report is made available. Costs related to these inserts are the responsibility of the promoter or of the owner of the project;
  • Any person or organization may consult the EIA file submitted to the Ministry of the Environment, in the manner determined by the same Ministry.
Timeline for public comments

The number of (working) days available for the public to make comments on the EIA decision document.

In accordance with Article 22, 3, The EIA file is available at the Ministry of the Environment for one (01) month from the date of the announcement in a national newspaper (Article 24)

Costs for public

Are there any specified costs public parties will incur if they partake in EIA?(e.g. costs for the receiving report, costs of losing an appeal, etc. Costs associated with travel to meetings or such are not included here)

Not applicable.

Public comments

What options do the public have to provide their comments. Should comments be written, or may they also be verbal? To which agency should they provide their submissions?

During the consultation period of the EIA file at the Ministry of Environment, a register is opened to register all the comments on the EIA. (Article 24)

Public comments in decision-making

Do the EIA and/or project approval decisions have to be justified on the basis of public participation results? Do legal texts indicate how public participation results should be used and to which decision-making processses they should contribute?

Not specified

Legal recourse

Possibilities for appeal

What are the legal recourse options to challenge EIA decisions are provided for within the legal framework?

In principle, an appeal is possible.

Decisions that can be appealed

Which EIA decisions can be appealed?

In principle, any decision can be appealed. However, Article 9 of the decree makes special reference to the appeal to the scoping decision that could be made by relevant administrations.

Who can appeal

Who can make an appeal (in other words, has legal standing)?

In principle, any body who deems it necessary can make an appeal.

EIA practice

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Central EIA database

Is there a central database or library where information on EIAs is kept (i.e. where all EIAs are registered and/or copies are archived). If so, what is kept there and is this information publicly accessible?

A joint project between the MEATU and ABEIE on the implementation of an EIA central data base is ongoing.

Practice reviews

Any EIA practice review studies that have been done (by governmental agencies or others) are listed here. Where relevant, links to studies are included, and the main conclusions of the studies are summarised.

  • Economic Commission for Africa: Review of The Application of Environmental Impact Assessment (EIA) in Selected African Countries (2005)
  • L’Institut de l’énergie et de l’environnement de la Francophonie: Essay de Typologie (2001)

Accreditation of consultants

Is there and accreditation system operational in the country to certify consultants to do EIAs?

Article 13 of the Decree provides that the promoter of the project may hire the services of an accredited third party or specialized organization. The conditions for the accreditation, however, are not mentioned.

Professional bodies

Professional bodies relevant to EIA practice in the country, such as EIA Associations, Environmental Expert Associations, etc are listed here.

Burundi Association for Environmental Impact Assessment (ABEIE)

Non-governmental EIA guidance

Lists any EIA manuals and good practice publications (including checklists, case studies) that have been published by parties other than government.

There is a training manual by a Nile basin NGO (FCBN) that addresses EIA.

Capacity development

Ongoing training programmes (including professional and academic training) and major training events held in the past (with focus on recent events) are mentioned here.

The Netherlands Commission for Environmental Assessment runs the Support Programme to National Associations for Environmental Assessment in Central Africa (PAANEEAC). This regional programme supports the EIA-associations in 7 Central African countries, including Burundi.

EIA links

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Links to laws/regulation

Any relevant links to laws or regulations are included here.

Environmental code of Burundi: Law No. 1/010 of 30/06/2000

Other relevant links on EIA

Any other relevant links (for example to country specific guidance documents) are included here.

http://www.uneca.org/eca_programmes/sdd/documents/EIA_book_final_sm.pdf

http://www.sifee.org/publications/typologie.pdf