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

Contact details for the 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

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

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

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

2001

Goteborg University, 2007.Sudan Environmental Policy Brief.

2001

Legal framework for EIA

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Framework/Enabling law

Name of first enabling legislation that sets a framework for EIA.

 

Year of introduction of enabling law

Year when the enabling law for EIA was issued

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

Authority that approved the enabling law for EIA.

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

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

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

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

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

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

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

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.

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

contact person

Objective of EIA

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

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

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

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

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

Not specified

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?

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

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

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

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).

Not specified

(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

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

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

There is no specific requirement for screening.

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

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

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

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

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.

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

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

Not specified

Scoping

Scoping requirement

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

Not specified

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?

Not specified

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.

Not specified

Timeline scoping

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

Not specified

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.

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

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.

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

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

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

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?

Not specified

Timeline Review

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

Not specified

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.

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

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.

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

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.

Not specified

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).

Not specified

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?

Not specified

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).

Not specified

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

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

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

No legal requirement

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)

Not specified

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

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)?

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

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

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

Relevant information regarding the arrangements for public participation are provided here (e.g. who is responsible for it, who is consulted, does the legislation mention consultation or participation, for which project should consultations be held, are public hearings held etc.)

No provisions for public participation

Public participation guidance

Has any guidance on participation been provided?

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

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

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

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.

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

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

Not specified

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 specified

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?

Not specified

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?

Not specified

Decisions that can be appealed

Which EIA decisions can be appealed?

Not specified

Who can appeal

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

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

Gives an estimation for the number of full EIAs that are produced annually in this country.

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

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?

No central EIA database

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.

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

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

There is no system for accreditation of consultants.

Professional bodies

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

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

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

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

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

UNEP, Environmental and Governance Awareness

UNEP, Sudan Post-conflict Environmental Assessment

UNEP, Environmental Governance Review Sudan (2012)