Rwanda
Ministerial Order establishing the List of Projects that must Undergo Environmental Audit, Instructions and Procedures for Conducting Environmental Audit
Ministerial Order 1 of 2021
- Published in Official Gazette special on 10 February 2021
- Assented to on 8 February 2021
- Commenced on 10 February 2021
- [This is the version of this document from 10 February 2021.]
Chapter One
General provisions
Article One – Purpose of this Order
This Order establishes:1°the list of projects that must undergo environmental audit before they obtain authorisation for implementation;2°instructions and procedures for conducting environmental audit.Article 2 – Definitions
In this Order, the following terms have the following meanings:1°environmental audit: systematic documentation, periodic and objective evaluation of protection and management of the environment and of conservation and sustainable use of natural resources;2°auditee: organisation or an individual to be audited;3°environmental impact assessment: systematic process of identifying environmental, social and economic impacts of a project, before a decision of its acceptance is made;4°Authority: the institution in charge of environmental conservation;5°developer: any person who has proposed or has undertaken to implement a project in public or private sector;6°stakeholders: individuals, communities, government agencies, private organisations, non-governmental organisations having an interest or stake in both the environmental impact assessment process and outcomes of the project.Article 3 – List of works, activities and projects that must undergo environmental audit
Environmental audit is conducted on existing projects or facilities and based on project description or design and baseline information generated during the environmental impact assessment process.However, for activities, projects and facilities for which no environmental impact assessment was conducted prior to their commencement, the environmental audit is based on the description and background information generated in the scoping process.The list of works, activities and projects that must undergo environmental audit is annexed to this Order.The Authority may request an environmental audit on projects which are not provided for in Paragraph 3 of this Article basing on routine inspection recommendations.Chapter II
Procedure for conducting environmental audit
Article 4 – Application for authorisation
The developer submits to the Authority a written application which includes a brief description of the project. The details of the required information within a brief description of the project are in the environmental assessment guidelines issued by the Authority.Article 5 – Terms of reference of the environmental audit
Upon reception of the brief description of the project and its analysis, the Authority submits to the developer the terms of reference for the environmental audit.However, the Authority may develop terms of reference for projects, facilities, works or activities basing on audit findings.The developer may also prepare the terms of reference that must be approved by the Authority before conducting the environmental audit.Article 6 – Choice of experts to conduct environmental audit
Upon reception of the terms of reference, the developer selects experts from the list of experts published, in accordance with relevant legislation to conduct the environmental audit.The selected experts provided for in Paragraph One of this Article must not have direct or indirect interests in that project.Article 7 – Environmental audit report
The environmental audit report must be based on the terms of reference mentioned in Article 5 of this Order.The environmental audit must be done with consideration of the views of all stakeholders.Article 8 – Submission of the environmental audit report
Upon completion of the environmental audit, the developer submits to the Authority the report in one (1) hard copy and electronic copy of the report.Where necessary, the developer may provide an addendum to the report for the facts that are not provided for under the terms of reference.Article 9 – Review of environmental audit report and decision making
Upon reception of the environmental audit report, the Authority reviews the report to verify its conformity to the terms of reference.The Authority must, within twenty (20) working days from the date of receipt of the report, accept, reject the report or request for additional information from the auditee.Depending on the nature of the project and upon notification in writing to the developer and the Minister in charge of Environment, the Authority may increase days mentioned in Paragraph One of this Article before their elapse.The Authority reviews the environmental audit report and communicate its decision to the auditee.Article 10 – Public hearing
If it is necessary to hold public hearing, the Authority determines an additional period of thirty (30) working days from the date of public hearing notification.Chapter III
Miscellaneous and final provisions
Article 11 – Setting up general and specific guidelines for conducting environmental audit
The Authority sets up general and specific guidelines for conducting an environmental audit.Article 12 – Repealing provision
All prior provisions contrary to this Order are repealed.Article 13 – Commencement
This Order comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda.History of this document
10 February 2021 this version
Commenced
08 February 2021
Assented to