Sudan

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EIA profile

Updated to: 27 August 2013

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EIA background

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Country contact on EIA

Ministry of Environment, Forests and Physical Development Tel: +249 183 786903, Fax: + 249 183 787617.
Email: Info@hcenr.org, HCENR2005@yahoo.com, HCENR@Sudanmail.com

History of EIA

EIA was started in the late 1980s in Sudan. It was done on a voluntary basis up until 2001 when the Environmental Protection Act (EPA) was enacted. It provided a legal basis for EIA and specifically mentioned EIA requirements for projects that are likely to have a negative effect on the environment. EIA was then mostly donor driven with donors requiring and supervising the conduct of EIA as prerequisite for releasing funds allocated for particular projects. The Higher Council for Environment and Natural Resources (HCENR) was responsible for enforcing the EPA. 

In January 2005, after more than two decades of devastating civil war, the Sudanese central government in Khartoum and the Sudan People’s Liberation Army in the South signed a historic Comprehensive Peace Accord (CPA). The injection of oil revenue has greatly boosted the financial resources of both the Government of National Unity (GONU) and the Government of Southern Sudan (GOSS) enabling reforms in environmental governance to take place. The Environmental Protection Act (2001) is a federal Act and was applicable to both, the GOSS and the GONU. In 2011, the Republic of South Sudan became an indepenent state. The EPA remained the enabling law for EIA in the Republic of Sudan. EIA guidelines are currently being developed (in 2013).

EIA practice is said to be poor due to flaws and lack of legislative, administrative, institutional and procedural framework which require streamlining.

Ali O.M.M, 2007. Policy and Institutional Reform for an Effective EIA System in Sudan. Journal of Environmental Assessment Policy and Management. Vol. 9, No. 1 (March 2007) pp. 67-82

Year of introduction of EIA legislation

2001

Goteborg University, 2007.Sudan Environmental Policy Brief.

2001

Legal framework for EIA

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Framework/Enabling law

 

Year of introduction of enabling law

The Environmental Protection Act of 2001 provides the enabling framework for EIA. Within that Act there is provision for conducting EIA.

Remark: No translated English version of the Environmental Protection Act (2001) could be found. Thus, its content could not be considered in the current profile and other sources of information had to be used instead.  

Article 17, Chapter III Goteborg University, 2007.Sudan Environmental Policy Brief.

2001

Approving authority of enabling law

The President signed the Act in June 2001

Ali O.M.M, 2007. Policy and Institutional Reform for an Effective EIA System in Sudan. Journal of Environmental Assessment Policy and Management. Vol. 9, No. 1 (March 2007) pp. 67-82

Year of introduction of first national detailed regulation for EIA

No national EIA regulation exists.

The Act calls for the States to form their Environmental State Council and they can issue State's EPA and EIA regulations. Only Khartoum and Red Sea States have State ministries for the environment. The former has also produced "The Protection and Enhancement of Environment Law" in 2008.

Recent updates and additions to the EIA legislation

The domain of the EPA 2001, and in fact all laws stipulated from the 2005 Interim Constitution, will need to be revised in the wake of the January 2011 referendum. The Ministry of Environment, Forests and Physical Development was asked to review and redraft the 2001 Act and all legislation to reflect the new legislative mandates of the Ministry and the HCENR under the 2005 Interim Constitution. This review process is still on-going.

UNEP, 2007. 'Environmental Governance and awarenes'. In The Sudan Post-Conflict Environmental Assessment Report

Sector specific procedures or regulations on EIA

Only the Protection of the Environment in Petroleum Industry Regulations, promulgated in  2002 and enacted in 2005 require EIA and baseline studies for projects related to petroleum operations.

Guidelines

No EIA guidelines exist yet. They are under development though.

contact person

Objective of EIA

Though not specifically for EIA, five major environmental objectives are envisioned in the EPA:
i) the protection of the environment and its natural balance, and the conservation of its components and social and cultural elements, in order to achieve sustainable development for future generations;
(ii) the sustainable use of resources;
(iii) the integration of the link between environment and development; (iv) the empowerment of the authorities responsible for the protection of the environment; and
(v) the activation of the role of the concerned authorities and prevention of relaxation or disposal of duties

Scope of EIA application

Not specified: in practice the scope has been restricted to development projects such as building dams, establishing agricultural schemes and exploiting oil reserves.

Ali O.M.M, 2007. Policy and Institutional Reform for an Effective EIA System in Sudan. Journal of Environmental Assessment Policy and Management. Vol. 9, No. 1 (March 2007) pp. 67-82

Exemptions from EIA application

Not specified

Institutional setting for EIA

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Central EIA authority

There is no separate central authority in charge of EIA. However, The Higher Council for Environment and Natural Resources (HCENR) could be considered as such an entity, as it is regarded as the technical arm of the Ministry of Environment, Forests and Physical Development. The Minister chairs the Higher Council for Environmental and Natural Resources. The HCENR is responsible for environmental policies and plans and approves EIAs.

The EPA law empowers States to form their own State Council for Environmental and Natural Resources (SCENR). The HCENR coordinates the formation of these councils. The State Councils for Environment and Natural Resources implement sectoral laws (national or state laws), approve development activities, ensure public participation in the decision-making process, and actively formulate and implement environmental regulations.

 

Ali O.M.M, 2007. Policy and Institutional Reform for an Effective EIA System in Sudan. Journal of Environmental Assessment Policy and Management. Vol. 9, No. 1 (March 2007) pp. 67-82 Ahmed and Abdella Elturabi, 2011. Sectoral Evaluation of EIA practice

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

Ministry of Industry (MoI): Undertakes and partly evaluates the EIA studies provided for projects.

Ali O.M.M, 2007. Policy and Institutional Reform for an Effective EIA System in Sudan. Journal of Environmental Assessment Policy and Management. Vol. 9, No. 1 (March 2007) pp. 67-82

Mandate for exemption of EIA obligation

Not specified

(De)centralisation of EIA mandates

Not specified: Under the federal governance system, only the Khartoum and Red Sea States have State ministries for the environment. Environmental affairs generally are catered for within the Ministry of agriculture and irrigation and that of health.

EIA procedure

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Screening

Screening requirement and authority

There is no specific requirement for screening.

Screening process

At the start of the EIA process, the proponent submits a policy brief containing an initial environmental evaluation to the HCENR. The HCENR then reviews the document and decides if an initial permit is granted for the project or if it is rejected. For projects which have obtained such a permit, an EIA report is then prepared.

There is no prescribed method for screening.

Ahmed and Abdella Elturabi, 2011. Sectoral Evaluation of EIA practice in Sudan. Int. J. Environ. Res., 5(1): 189-204.

Provision for sensitive areas

According to the EPA 2001, all development projects outside environmentally protected areas and in environmentally sensitive areas require an EIA.

Ahmed and Abdella Elturabi, 2011. Sectoral Evaluation of EIA practice in Sudan. Int. J. Environ. Res., 5(1): 189-204.

Contents of the starting document

A project brief which includes an Initial Environmental Evaluation serves as the screening document.

Ahmed and Abdella Elturabi, 2011. Sectoral Evaluation of EIA practice in Sudan. Int. J. Environ. Res., 5(1): 189-204.

Timeline Screening

Not specified

Scoping

Scoping requirement

Not specified

Scoping process

Not specified

Contents of the scoping document

Not specified

Timeline scoping

Not specified

Assessment and reporting

Assessment process

The developer or project owner may choose a consultant to prepare the EIA report. Assessment includes social, environmental and economic effects.

Ali O.M.M, 2007. Policy and Institutional Reform for an Effective EIA System in Sudan. Journal of Environmental Assessment Policy and Management. Vol. 9, No. 1 (March 2007) pp. 67-82

Contents of the EIA report

According to the Act, EIA studies must contain the following:

  • Description of the existing environmental conditions as a baseline.
  • Description of the project.
  • Assessment of potential environmental impacts, both positive and negative throughout the project phases.
  • Provision of recommendations to mitigate the negative environmental effects.

Also negative impacts that can be evaded upon execution of the project shall be identified and project alternatives should be proposed.

Ahmed and Abdella Elturabi, 2011. Sectoral Evaluation of EIA practice in Sudan. Int. J. Environ. Res., 5(1): 189-204. El Khitma El Awad, 2012. Presentation Strategic, Social and Environmental Assessment Workshop, HCENR.

Review

Review process

The EIA report is reviewed by HCENR. A committee of experts then checks the contents of the EIS against the review checklist that was formulated by HCENR. The process is not open to the public. The review checklist consists of 7 areas:

(1) baseline conditions;

(2) description of the planned project and alternatives;

(3) assessment of the impacts and effects on the environment, public health and management of natural resources and how the different effects are connected to how the surroundings may react;

(4) mitigating measures;

(5) layout and readability;

(6) complementary questions, such as how public participation and opinions are dealt with; and

(7) the adequacy of the whole statement

muntasir M I. Ahmed, 2008. A comparative Study of International EIA Guidelines and the Sudan EIA Experience. Nile Basin Water Engineering Scientific Magazine, Vol.1, 2008

Review expertise

Not specified

Timeline Review

Not specified

Decision-making

Integration of EIA into decision-making

It is not clearly stated in the legal text how EIA is integrated into decision-making, but upon review recommendations and approval of the EIA report by HCENR, the project proponent is given permission to implement the project.

Ahmed and Abdella Elturabi, 2011. Sectoral Evaluation of EIA practice in Sudan. Int. J. Environ. Res., 5(1): 189-204.

Competent authority

The Higher Council for Environment and Natural Resources (HCENR) approves EIAs.

Ahmed and Abdella Elturabi, 2011. Sectoral Evaluation of EIA practice in Sudan. Int. J. Environ. Res., 5(1): 189-204.

Decision documents

Not specified

Decision justification

Not specified

Decision publication

Not specified

Timeline decision-making

Not specified

Monitoring, Compliance and Enforcement

Compliance monitoring

There is no requirement for monitoring and there are no prescribed EIA follow-up procedures

 

Ali O.M.M, 2007. Policy and Institutional Reform for an Effective EIA System in Sudan. Journal of Environmental Assessment Policy and Management. Vol. 9, No. 1 (March 2007) pp. 67-82

External monitoring

No legal requirement

Non-compliance penalties

Not specified

EIA evaluation

Not specified

Payment system

The proponent pays a fee of 1%-5% of the total budget of the project when applying for an EIA to the authority that approves the EIA-study. There is also a fee charged for the review of EIA-study.

Public participation

Public participation requirements for EIA process stages

No provisions for public participation

Ali O.M.M, 2007. Policy and Institutional Reform for an Effective EIA System in Sudan. Journal of Environmental Assessment Policy and Management. Vol. 9, No. 1 (March 2007) pp. 67-82

Public participation arrangements

No provisions for public participation

Public participation guidance

There is no guidance for public participation

Ali O.M.M, 2007. Policy and Institutional Reform for an Effective EIA System in Sudan. Journal of Environmental Assessment Policy and Management. Vol. 9, No. 1 (March 2007) pp. 67-82

Access to information

EIA report is not made available to public, nor is it discussed in public or in other media avenue.

Ali O.M.M, 2007. Policy and Institutional Reform for an Effective EIA System in Sudan. Journal of Environmental Assessment Policy and Management. Vol. 9, No. 1 (March 2007) pp. 67-82

Information dissemination

EIA report is not made available to public, nor is it discussed in public or in other media avenue

Ali O.M.M, 2007. Policy and Institutional Reform for an Effective EIA System in Sudan. Journal of Environmental Assessment Policy and Management. Vol. 9, No. 1 (March 2007) pp. 67-82

Timeline for public comments

Not specified

Costs for public

Not specified

Public comments

Not specified

Public comments in decision-making

Not specified

Legal recourse

Possibilities for appeal

Not specified

Decisions that can be appealed

Not specified

Who can appeal

EPA 2001 in Chapter III Article 19, gives provision for every person to report dangers as may threaten the environment, and contraventions of the Act or other laws relating to the health and protection of the environment. Every person has the public right of instituting a civil suit.

EIA practice

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Annual no. of EIAs

Up to 2001, about 18 EIA reports had been prepared, between 2002 and 2004 30 reports and between 2005 and 2007 over 35 EIA reports.

Some EIAs undertaken in Sudan (1982-2007) are the following:

  • Baseline Survey and Monitoring Programme for North Kordofan Rural Water supply Project 1982,  IES,  CARE/US-AID
  • Environmental Impact of Sudan’s Southern Stock Route 1984 IES US-AID
  • Environmental Impact Assessment of The Locust Control Project 1988 IES US-AID
  • Environmental Impact Assessment of UNICEF Hand-pumps Program in Kordofan 1988 IES UNICEF
  • The EIA of  The Hamadab Dam 1991 Monenco Consultants GOS
  • The Heightening of Roseiris Dam EIA 1994 G. Karrar and Pasrtners GOS
  • En Nuhud- El Fasher Road EIA,  1995 W. Kirkpatrick and (S&S  Consultants) ADB
  • El Muglad Oil Production Facilities 1998 IES GNPOC
  • El Muglad - Bashayer Pipeline 1998 IES GNPOC
  • En Nuhud-  El Muglad Road 1998 UKCC RBC
  • Munga and Bamboo FPFs 2002 IES GNPOC
  • El Renk- Malakal Road 2003 Tekno Consultancies AFESD
  • New Amri Agricultural Project 2003 UKCC GOS
  • Paloich – Red Sea crude oil pipeline 2003 RSKNSR PDOC
  • Melut Basin Oil Development Project 2004 IES PDOC
  • Bashayer 2 Oil Marine Terminal 2005 IES PDOC
  • Block 5B (Sudd Area) Oil  Exploration Activities 2996 IES WNPOC
  • Port Sudan New Refinery 2006 APS Eng. (Italy) PETRONAS & GOS

IES = Institute of Environmental Studies, GOS = Government of the Sudan, ADB = African Development bank, GNPOC = Greater Nile Operating Oil Company, UKCC = University of Khartoum Consultancy Corporation, FPF = Field Production Facility, RBC = Roads and Bridges Corporation, AFESD  = Arab Fund for Economic and Social Development, RSKENSR = RSK ENSR Environment Ltd, UK, PDOC = Petrodar Operating Company, Sudan, WNPOC = White Nile Petroleum Operating Company.

Central EIA database

No central EIA database

Practice reviews

Ali O.M.M, 2007. Policy and Institutional Reform for an Effective EIA System in Sudan. Journal of Environmental Assessment Policy and Management. Vol. 9, No. 1 (March 2007) pp. 67-82.

Elmuntasir M I. Ahmed, 2008. A comparative Study of International EIA Guidelines and the Sudan EIA Experience. Nile Basin Water Engineering Scientific Magazine, Vol.1, 2008.

Ahmed and Abdella Elturabi, 2011. Sectoral Evaluation of EIA practice in Sudan. Int. J. Environ. Res., 5(1): 189-204.

Accreditation of consultants

There is no system for accreditation of consultants.

Professional bodies

Insitutute of Environmental Studies, University of Khartoum, established in 1978 offers degrees in Environmental Sciences. A course on EIA is considered as a core course for the Master degree

 

Sudanese environment Conservation Society SECS: SECS was established in 1976 as the first Sudanese civil society group concerned primarily with the issue of environment. The mandate of SECS is to raise environmental awareness and to advocate for environmental management and environmental accountability. SECS activities are organized around three main programmes: institutional development and capacity building, environmental rehabilitation and; environmental Education. At present SECS has more than 120 branches distributed all over the country including South Sudan and Darfur

The Environmentalists Society: This is another active civil society group established within the premises of the Institute of Environmental Studies in the early 1980s; at present it has a total membership of more than 500, the majority of whom are graduates. The stated objectives of the Society include the encouragement of studies and research in environment, strengthening links with local, regional and international organizations concerned with environment, and linking Sudanese society with the Institute of Environmental Studies and cooperation with it in the studies and research it carries out.

The Sudanese Social Forestry Society: A charitable voluntary society aimed at promoting the concerns and practices of community forests through networking and linkages between local communities and extension departments, enhancing awareness and promoting community participation in environmental enhancement, encouraging applied scientific research in social forests, assisting in fund raising for community forests projects, sharing of knowledge and best practices for the promotion of community forests, the preservation of forests as national cultural heritage, and the promotion of linkages and networking with local, regional and international actors concerned with the environment.

The Engineering Society aims at the development and exchange of experience and knowledge of its members in the engineering profession. This is to be achieved through public lectures, workshops, seminars and conferences, exhibitions and the provision of training courses. Management of the urban environment constitutes a thematic focus for the Society.

Capacity development

Sudan Transitional Environmental Program (STEP). Supported by USAID and aims to improve capacity building in GIS, GPS, EIA and computer skills training. 

UNEP: Conducted a Post-Conflict EA. UNEP also provided supplies, such as computers and phones to the MEWCT, and is supporting the MEWCT’s Environmental Information Centre

EIA links

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Other relevant links on EIA

UNEP, Environmental and Governance Awareness

UNEP, Sudan Post-conflict Environmental Assessment

UNEP, Environmental Governance Review Sudan (2012)