EIA Country Report for Ghana

Legal Framework
State, Country or Province: 
Ghana
EIA law: 
The Environmental Protection Agency Act, 1994
EIA Regulations: 
Environmental Assessment Regulations, 1999
EIA Procedure
Projects Requiring EIA: 
Government projects
Projects Requiring EIA: 
Private projects
Abridged Assessments: 
Yes
Assessments Detail: 
"Where the Agency upon consideration of an application decides that there is the need for a preliminary environmental assessment to be submitted in respect of the application, the Agency shall request the applicant to submit [it] . . . ." EA Regulations sec. 9. If after reviewing the preliminary environmental assessment the Agency is satisfied that a significant adverse environmental impact is likely to result from the activities . . . the applicant shall be asked to submit an environmental impact statement. EA Regulations sec. 9
Best Practices in Lieu of EIA: 
No
Who Conducts Screening: 
Government
Who Conducts Screening Detail: 
"The Agency shall on receipt of an application and any other relevant information required, as an initial assessment, screen the application . . . ." EA Regulations sec. 5. The Agency shall issue a screening report on the application. EA Regulations sec. 6
Criteria for Screening: 
List or appendix of project or activity types
Criteria for Screening: 
Proposed project or activity may cause significant environmental impact
Criteria for Screening Detail: 
The Agency has authority to request an EIA from any person responsible for an activity that may have adverse effect on the environment. EPA Act sec. 12(1); EA Regulations sec. 3 + Schedule 1
Who Prepares EIA: 
Project Proponent (with or without contractor)
Who Prepares EIA Detail: 
"[T]he applicant shall submit an environmental impact statement in respect of the proposed undertaking . . . ." EA Regulations sec. 10(1)
Who Pays for EIA: 
Project Proponent
EIA Contractor Qualifications: 
No
Conflict of Interest: 
No
Terms of Reference (TOR): 
Yes
Terms of Reference Detail: 
"The draft terms of reference shall stipulate that the environmental impact statement on the proposed undertaking wil deal with matters including the following [listing contents of statement]." EA Regulations sec. 12
Days for Decisionmaker Review: 
90
Days for Decisionmaker Review OLD: 
90 days except in situations where a public hearing is held. EA Regulations sec. 20
Automatic Approval: 
No
Written Decision: 
Yes
Written Decision Detail: 
"Where an environmental impact statement is acceptable to the Agency this shall be communicated in writing...and the requisite environmental permits shall be issued to the applicant." EA Regulations 19.
Authority to Impose Conditions: 
No
Authority to Impose Conditions Details: 
No authority to impose conditions is expressly contained in Law or Regulations.
Expiry of Decision: 
18 months
Expiry of Decision Detail: 
EA Regulations sec. 21(1)
Financial Assurances or Bond: 
Yes
Financial Assurances Detail: 
"An environmental impact statement for mining and other extractive industry shall include reclamation plans." EA Regulations 14(1). "An undertaking in respect of which a reclamation plan is required shall be required to post a reclamation bond based on approved work plan for reclamation." EA Regulations sec. 23
EIA Content
Interdisciplinary Team: 
No
Range of Alternatives: 
Yes
Range of Alternatives Detail: 
EA Regulations sec. 12(c)
No Action Alternative: 
Yes
No Action Alternative Detail: 
"The draft terms of reference shall stipulate that the environmental impact statement on the proposed undertaking will deal with…(c) alternatives to the undertaking including alternative situations where the undertaking is not proceeded with." EA Regulations, sec. 12(c).
Type(s) of Impact Analysis: 
Direct environmental impacts
Type(s) of Impact Analysis: 
Social impacts
Type(s) of Impact Analysis: 
Cultural impacts
Type(s) of Impact Analysis: 
Health impacts
Type(s) of Impact Analysis: 
Economic impacts
Type(s) of Impact Analysis: 
Other
Mitigation: 
Yes
Mitigation Detail: 
EIS must include "proposals to mitigate any potential negative socio-economic, cultural and public health impacts on the environment." EA Regulations 12(h). Project proponent must submit an environmental management plan to the Agency within 18 months of commencing operations and thereafter every three years. The plan shall set out steps to manage any significant environmental impact that may arise from the project. EA Regulations sec. 24
Monitoring Plans: 
Yes
Monitoring Plans Detail: 
EIS must include "proposals to be developed to monitor predictable environmental impact and proposed mitigating measures. EA Regulations sec. 12(i). permit holders must submit a management plan & annual environmental report. Reg. 24
Access to Information
Public Notice of Draft EIA: 
No
Draft EIA Available: 
No
Draft EIA Locations: 
Not Available
Public Notice of Final EIA: 
Yes
Public Notice of Final EIA Detail: 
When it receives an EIS, the Agency shall "publish for 21 days a notice . . . of the environmental impact statement in the mass media. . . ." EA Regulations sec. 16(2)
Final EIA Available: 
No
Final EIA Available Detail: 
The Agency appears to have discretion whether to make the EIS (or parts of the statement) available to the public. It shall "post at appropriate places such parts of the environmental impact statement as it considers necessary." EA Regulations sec. 16(2).
Final EIA Locations: 
Agency or ministry office
Fee to View EIA Documents: 
No
Fee to Obtain EIA Documents: 
No
Availability of Reference Studies: 
No
Public Notice of Final Decision: 
No
Public Participation
Public Scoping: 
Yes
Public Scoping Detail: 
Project proponent must make scoping report available for inspection by the general public in the locality of the proposed project. EA Regulations sec. 15.
Public Review of TOR: 
No
Public Participation Opportunities: 
Scoping
Public Participation Opportunities: 
Public meetings and/or public hearings
Public Participation Opportunities: 
Review of final EIA
Public Meetings: 
Sometimes
Public Meetings Detail: 
Public hearings are held under certain circumstance - if there is "great adverse public reaction" to the proposed project; the project will involve dislocation, resettlement, or relocation of communities; or the Agency considers that the undertaking could have extensive and far reaching effect on the environment. EA Regulations sec. 17
Public Input at Meeting: 
Yes
Public Input at Meeting Detail: 
The public hearing panel "shall hear such persons and bodies that will make submissions to it . . . ." EA Regulations sec. 17(5)
Criteria to Hold Public Meeting: 
The proposed project is controversial
Days for Public to Review Draft EIA: 
0
Days for Public to Review Final EIA: 
unspecified
Public Comments on Draft EIA: 
No
Public Comments on Final EIA: 
Yes
Public Comments on Final EIA Detail: 
EA Regulations sec. 16(4).
Response to Public Comments: 
Yes
Response to Public Comments Detail: 
Panel conducting public hearing on proposed project "shall consider all submissions made to it and make its recommendations in writing to the Agency . . . ." EA Regulations sec. 17(5)
Facilitation of Public Participation: 
No
Judicial Review/Enforcement
Citizen Administrative Review: 
Yes
Citizen Administrative Review Detail: 
Any person aggrieved by a decision or action of the Agency may submit a complaint in writing to the Minister of the Environment within 30 days of the complainant becoming aware of the the decision or action to which the complaint relates. EA Regulations sec. 27
Citizen Judicial Review: 
No
Project Monitoring: 
Yes
Project Monitoring Detail: 
Project proponent must submit an annual environmental report (starting 12 months after commencing operations). EA Regulations sec. 25(1)
Enforceability of EIA: 
No
Enforceability of Permit: 
No
   Updated 18 Jun, 2014