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Updated to: 25 February 2015Download as PDF
National Directorate of Sanitation, Pollution Control and Nuisance
Quartier Dravéla Bolibana - Rue 415 - Porte 191
Bamako – Mali
Tél.: +223 – 229 24 10
Fax: +223 – 229 50 90
History of ESIA
Already in 1991, an act dealing with environmental protection made provisions on EIA. EIA regulations of 1999 then provided more detailed information on the EIA process. Since then, the EIA system in Mali has been further developed through the issuance of new and/or amended EIA regulations. The Law on pollution and nuisance of 2001 provides the current legal framework for EIA in Mali. he current requirements for EIA are presented by Decree 08-346 and its amendment in 2009. In 2010 and 2013 inter-ministerial Decrees have also been issued that give more specific information on certain elements of the EIA process.
Overview ESIA procedure
The EIA process in Mali conists of the following steps: Screening, Scoping, Environmental Analysis and Review, Decision-making (issuing of an environmental permit) and monitoring. Projects are categorized according to the severity of their negative impacts on the environment. Two levels of assessment are distinguished: a full ESIA study resulting in an ESIA report and a simplified impact assessment resulting in an Environmental and Social Impact Notice (NIES).
The following documents can be important outputs of the EIA process or the simplified impact assessment: Starting document for Screening, Scoping document with Terms of Reference, Notice of Environmental and Social Impacts (simplified impact assessment), ESIA report, Environmental Permit, Environmental Clearance Certificate
Screening is a required step of the EIA procedure in Mali. The DNACPN take the respective screening decision.
The proponent of a proposed project firstly submits a starting documents to the competent authority (the DNACPN and its branches). It is then used for the screening process which in Mali involves the allocation of the projects to different categories (according to the importance of their impacts on the environment and the people). Three such categories are distinguished:
- Category A: Projects of category A have very severe negative impacts which generally are irreversible, unprecedented, and their effects are most oftenly felt in a larger area than the site that are subjected to the works
- Category B: Projects whose negative impacts on the environment and the people are less severe than the ones of category A. Their impacts are generally known and rarly irreversible.
- Category C: Projects whose negative impacts on the environment are not significant.
The Annex of Decree 08-346 determines which projects are allocated to these three different categories on the basis of the initiative features and thresholds based in environmental parameters. The competent authority then indicates to the proponent the type of impact study that has to be undertaken. Projects of the categories A and B are subjected to an ESIA study that results in an ESIA report.
For projects of the category C a simplified impact assessment is conducted which results in an Environmental and Social Impact Notice (NIES). The simplified impact assessment procedure consists of the identification and a summarizing assessment of impacts and the development of a follow-up and monitoring plan.
Contents of the starting document
Article 11 of Decree 08-346 defines the content of the starting document used for screening as followed:
- the name or the company name and the adresss of the proponent
- the name and address of the consultants or the consulting firm that was mandated by the proponent (if appropriate)
- a copy of a document that indicates the costs of the project or of a feasability study of the project
- the implementation schedule for the project
The proponent has to submit a draft of the Terms of Reference (ToR) for the EIA report. In the following, a field visit is conducted by a committee consisting of the respective technical department and the proponent or his representative. Such a field visit has to be done in order to get the approval of the ToR. Upon approval of the ToR through the competent authority, the people living in the intervention zone of the project are informed by the proponent.
For an Environmental and Social Impact Notice no ToR are required.
Article 12 of Decree 08-346
Contents of the scoping document
The written request for scoping shall contain the following information:
- the name and the adress of the proponent
- a presentation of the proposed project
- the schedule of the implementation of the project
- the amount of projected investments
- the draft terms of reference for the study of impact to realize accordance with the guidelines formulated by the competent authority
After the scoping document has been given to the competent authority, it has 15 days to approve the terms of reference for the EIA report.
There are no specifc requirements for the assessment process. The types of impacts that are considered for EIA in Mali are environmental, social and cultural impacts.
Contents of the EIA report
The EIA report, EMP and the SEA report shall contain the following elements:
- A non-technical summary of the impacts study
- General information (description of the project, the characteristics and the borders of study area, the main affected parties)
- A description of the project environment (its physical, biological and socio-cultural conditions and its trends and menaces)
- An identification and evaluation potential positive and negative impacts: direct and indirect, immediate and long-term, major and secondary, local and distant impacts of the project on the environment.
- An analysis of alternatives
- An estimation of the types and amounts of expected residues and emmissions (pollution of water, air and soil, noise, vibrations ect) caused by the project.
- A description of measures for eliminating, reducing or compensating the negative effects of the project on the environment and of alternative measures or interventions
- A brief description of the methods used for the public consultations and its results
- An analysis of costs and benefits
- An environmental and social management plan
Article 26 of Decree 08-346
Environmental analysis and review is done by an interministerial technical committee which has conducted a site visit beforehand. The committee’s review ensures that all the elements as defined in the Terms of Reference have been addressed extensively and correctly and it checks the viability of the information given in the report. Thereafter, the proponent integrates all observations and comments in the final EIA report and then submits it to the DNACPN for approval.
The technical committee conduction the review consists of representatives of all technical departments that are relevant for a project and thus involves experts from other governmental agencies in the review.
No specific timeline for the review process is specified, but it is mentioned that the minister has 45 days from submission of the EIA report to take the decision on the environmental permit. Hence the time available for review is included in these 45 days.
Integration of ESIA into decision-making
Once the EIA report is found to be satisfying, the Minister in charge of the Environment issues by decision an environmental permit. Obtaining such an environmental permits is obligatory for all projects that require an EIA (Category A and B) before the works are commenced.
For Projects of category C, the Environmental and Social Impact Notices initiated at regional level are approved by the Regional Director of Sanitation, Pollution control and Nuisances. For these projects no environmental permit needs to be obtained but the Notice has to be approved before the works can be commenced.
The DNACPN as a department of the Ministry of the Environment and Sanitation approves the EIA report and the Minister in charge of the environment issues the environmental permit.
Article 20 of Decree 08-346
There are no legal requirements for a justification of the decision.
After the EIA report has been submitted, the minister has 45 days to communicate his decision. If he doesn't do so, the proponent is authorized to implement the project.
Several actors are involved in the monitoring and follow-up activities. The proponent has to implement a monitoring and follow-up plan in collaboration with respected technical services and the local administration of the Directorate. The DNACPN is responsible for ensuring compliance with the permit and supervises the implementation of the monitoring and follow-up plan. The respective sector ministries and the Ministry in charge of the environment ensure the control of the follow-up and environmental monitoring. Furthermore, the local authorities of the project-affected area and the technical services are involved in the local monitoring.
Finally, before the end of the project, the proponent must also conduct an environmental audit. The audit is subjected to an analysis of the interministerial Technical Committee for environmental analysis. If the analysis concludes that the proponent complies with his commitments and obligations, the Minister in charge of the environment issues an environmental clearance certificate.
If during the implementation of the project the environmental measures turn out to be inadequate, the Ministry in charge of the environment, in consultation with the respective sector ministry, can request the proponent to adjust the measures as necessary.
Furthermore, in case of amendments of the projects during its implementation, they cannot be executed until an environmental impact notice is written on it. Following the notice, an EIA can be requested before the works are started if the modifications have significant negative environmental impacts.
Sanctions are imposed by the Minister for the Environment in consultation with the relevant sectoral minister. More specifically, if the EIA is not conducted or if the EIA procedure is not respected, the competent authority can suspend the planned or commenced works through making use of emergency procedures. Furthermore, the Minister in charge of the environment can, after having consulted the sectoral ministries, suspend the environmental permit if the proponent does not comply with the obligations contained in the EIA report. In the case of recurrence of non-compliance, the minister can permanently revoke the permit without reimbursement.
Decree 08-346 specifies which actions are considered to be violations and which sanctions can be imposed to them.
Public participation requirements for ESIA process stages
The aim of public participation is to enable to collect the opinion of the affected people on the project. The inter-ministerial decree No. 2013 0256 provides detailed information on the public participation process. Public consultation have to take place for all project of the categories A and B. The following actors should be consulted: communal and administrative authorities, the village chiefs and their advisers, representatives of community associations and socio-professional associations, NGOs and the technical services. The public consultations are organized through the sub-prefect, if applicable through the mayor of the project-affected area. The proponent and the actors named above participate in the consultation.
The inter-ministerial Decree 2013-0256 determines the procedures for the 3 stages of public participation:
- The informing of the authorities on the project start includes the presentation of the project and its potential impacts.
- When the affected actors are informed about the start of the EIA study, a general meeting is held which is organised by a state representive or the mayor of the affected area. The participants can then share their concerns.
- A third meeting is held to respond to the concerns of the affected people that were mentioned in the previous meeting. Thus the mitigation and compensation measures, measures to intensify positive impacts of the project and potential social action plans are presented.
The public participation process is documented in minutes which are signed by the prefect or the mayor of the affected area.
It is not specified if the environmental permit has to be justified on the basis of the public participation results, but Article 8 of the inter-ministerial Decree No. 2013-0256 stipulates that the results of the public participation process are part of the environmental follow-up plan of the project.
The proponent has to pay for costs related to public participation.
Article 12 on costs
Access to information
Procedural announcements on public participation should be made by appropriate means of communication (e.g. posters, radio, or the press).
Article 6 of the inter-ministerial decree No. 2013 -0256
Possibilities for appeal
The Law no 01-020 on pollution and nuisance from 2001 is a new version of Law No. 91-04/AN-RM relating to protection of environment and living conditions. In its chapter 2 it is stated that for projects that can negatively affect the environment of the living conditions of people an EIA is required.
National detailed regulation for ESIA
Decree 09-318 from 2009.
Also, two inter-ministerial Decree have been issued:
- Decree No. 10-1509 of 2010 on the payment and management of fees for EIA
- Decree No. 2013-0256 of 2013 on public participation
Exemptions from ESIA application
A project can be exempted from the EIA process if its implementation aims to repair or prevent damage on the environment caused by a natural or technological disaster. In this case, conditions may be attached to the environmental permit that may be found necessary to protect the environment. The minister responsible for the environment can subtract a project from the EIA study.
Article 22 of Decree 08-346
Scope of ESIA application
Public and private projects can be subject to EIA.
Central ESIA authority
The National Directorate of Sanitation, Pollution Control and Nuisance (In French: Direction Nationale de l’Assainissement et du Contrôle des Pollutions et des Nuisances (DNACPN)) is the central authority in charge of implementing EIA. One of its missions is the supervision and control of the EIA studies. It is a department of the Ministry of Environment and Sanitation. The regional and local level DNACPN is represented through 9 regional directorates and 30 local services.
Other key (governmental) parties involved in ESIA, and their roles
The Ministry of the Environment and Sanitation (MEA) is a key actor of the EIA process as it issues the environmental permits.
A Techincal Committee for Environmental Analysis is responsible for the review process of the EIA report as well as for analysing the results of the Environmental Audit. It consists of representatives of all technical departments that are relevant for a project.
The proponent is responsible for the costs caused by the acquisition of guidelines, the site visit for the approval of the ToR, the site visit for the environmental analysis, the environmental analysis and review of the EIA report, the public consultations and the supervision of the implementation of the follow-up and monitoring plan. Decree 09-138 further specifies that the amount of these costs is a percentage of the total investments made for the projects. It is determined by the inter-ministerial decree No. 10 1509. The fee has to be paid to the DNACPN. The inter-ministerial decree further determines the payment conditions and the management of the collected fees.
Article 12 of Decree 08-346,
Annual no. of ESIAs
In 2009, 120 EIA reports have been produced.