Ministerial Order determining the List of Works, Activities and Projects subject to an Environmental Impact Assessment

Citation
Ministerial Order 1 of 2018
Date
26 April 2018
Language
English
Type
Legislation
Rwanda

Ministerial Order determining the List of Works, Activities and Projects subject to an Environmental Impact Assessment

Ministerial Order 1 of 2018

The Minister of Environment;Pursuant to the Constitution of the Republic of Rwanda of 2003 revised in 2015, especially in Articles 121, 122 and 176;Pursuant to Organic Law n° 04/2005 of 08/04/2005 determining the modalities of protection, conservation and promotion of environment in Rwanda, especially in Articles 67 and 70;Having reviewed Ministerial Order n° 004/2008 of 15/08/2008 establishing the list of works, activities and projects that have to undertake an environment impact assessment;After consideration and approval by the Cabinet, in its session of 11/04/2018;ORDERS:

Article One – Purpose of this Order

This Order determines the list of works, activities and projects subject to an environmental impact assessment before being granted authorisation to commence.

Article 2 – Definitions

In this Order, the following terms have the following meanings:1°full environmental impact assessment: an environmental impact study that covers all the steps of environmental impact assessment process;2°partial environmental impact assessment: an environmental impact study limited to identification of environmental issues and appropriate mitigation measures.

Article 3 – List of works, activities and projects subject to a full environmental impact assessment

The list of works, activities and projects that have to be subject to a full environmental impact assessment before being granted authorisation to commence is in annex I of this Order.

Article 4 – List of works, activities and projects subject to a partial environmental impact assessment

The list of works, activities and projects that have to be subject to a partial environmental impact assessment before being granted authorisation to commence is in annex II of this Order.Those works, activities and projects are subjected to screening for environmental clearance.

Article 5 – Works, activities and projects that are not on the list

When it is necessary and evident that a work, activity or a project, not listed on the annex to this Order, may have a negative impact on the environment, Rwanda Environment Management Authority or any other person given a written authorization by that Authority may request the owner to conduct an environmental impact assessment.

Article 6 – Repealing provision

Ministerial Order n° 004/2008 of 15/08/2008 establishing the list of works, activities and projects that have to undertake an environment impact assessment and all other prior provisions contrary to this Order are repealed.

Article 7 – Commencement

This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.

Annex I

Works, activities and projects subject to a full environmental impact assessment are the following:

1°all buildings classified in the following categories:a)entertainment and public assembly facilities;b)theater and indoor sport facilities;c)places of worship;d)outdoor sport facilities;e)learning/training institutions that include any building or a group of buildings under single management that are used for more than five hundred (500) students or trainees;f)hospitals and health centers;g)publicly accessible facilities with a capacity to host more than five hundred (500) people;2°industries;3°buildings with activities which can cause hazards;4°warehouses for storage of hazardous materials;5°warehouses and storage facilities of perishable agricultural commodities occupying an area of a half a hectare (½ ha) and above;6°places where people are detained for punitive or corrective reasons or because of their mental condition;7°places of non-industrial commercial activities, where such activities or commercial products may cause fire, cause combustion with extreme rapidity, give rise to poisonous fumes or cause explosions;8°garages;9°bonded warehouse;10°hotels;11°construction and repair of international, national, District roads and repair of large bridges;12°construction of hydro-dams, hydropower plants and electrical lines of high and medium voltage;13°construction of petroleum products and gas pipelines and their storage tanks;14°construction of terminal ports, airports and railways;15°agricultural and breeding activities which use chemical fertilizers and pesticides in wetlands;16°large scale investment projects in agricultural and breeding activities which use chemical fertilizers and pesticides on hill sides;17°works and activities that involve genetic modification of seeds and animals;18°works in parks and in its buffer zone;19°all works related to mining;20°commercial small and large scale quarrying;21°construction of artificial lakes;22°construction of water storage dams;23°works or activities for marshlands reclamation;24°construction of slaughter houses.

Annex II

Works, activities and projects subject to a partial environmental impact assessment are the following:

1°towers and antennas;2°all types of buildings, except those qualified for full environmental impact assessment, with a capacity to host more than one hundred (100) people but not exceeding five hundred (500) people;3°micro hydroelectric power, low voltage electric lines and off grid electrical lines.
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History of this document

26 April 2018 this version
Commenced
25 April 2018
Assented to