Factors Affecting How Construction Project Recommendations From An Environmental Impact Assessment Are Applied By Lagos State Ministry Works And Services

CHAPTER ONE

• BACKGROUND OF STUDY

Environmental degradation and the depletion of natural resources induced by human activities have attracted steadily growing concerns in the last decades. Such concerns made evident the necessity for the planning authorities to count on sound information about the possible environmental consequences of development actions. One of the tools available to satisfy this need is represented by the procedure of Environmental Impact Assessment (EIA). This procedure involves the system atic identification and evaluation of the impacts on the environment caused by a proposed project.

The 1972 Stock holm Conferee econ Human Environment singledoutunderdevelopment,industrialization and technological development as the causes of environmental problems in theworld. The conference called for the safeguard and improvement of the environment duringdevelopment undertakings and for the reduction of the gap between the rich and the poor. TheWorld Commission on Environment and Development (WCED) reported in 1987 that manydevelopmenttrendsatthattimeimpoverishedpeopleanddegradedtheenvironment.

According to Morrison-Saunders and Arts (2014), EIA is a process for takingaccount of the potentialenvironmentalconsequencesofaproposedactionduringtheplanning,design, decision-makingandimplementation stages of theaction.

TheprocedureofEIAgeneratesareport,theEnvironmentalImpactStatement(EIS)thatsummarizesthefindingsoftheevaluationanddiscussestheacceptabilityofthepredicted environmental impacts. Such a report is submitted to the authorities to support the decision-making related to the approval of the development under consideration. The EIS is made up of anumber of disciplinary studies, each one addressing specifically one category of effects (noise,radiation,etc.), or oneenvironmentalcomponent(air, water, etc.).

Foraproposedprojectoractivity,theEIAprocessconsistsofthepre-decisionstageandthepost decision stage.The pre-decision stage consists of: screening todetermine whether theproject requiresfull EIA or not; scoping to prepare the terms of reference of the EIA; impactprediction andanalysistoestablishthepotentialnegativeandpositiveenvironmentalimpactsofthe proposed project and to propose mitigation measures and; review for decisionmaking. The post decision stage known as follow-up is broadly defined as the collection ofactivities undertaken after approval of a project has been given following EIA review. Thepurpose for undertaking these activities is to monitor, evaluate, manage and communicate theenvironmentaloutcomesthatoccurinordertoensurethatprojectsaremeetingintendedgoalsandobjectivesand,moreimportantly,toprovideforfeedbackandlearningforimprovingenvironmental management practices (Arts et al. 2011). Follow-up involves monitoring andevaluationofprojectactivities’outputsduringtheimplementation,operationanddecommissioningoftheprojectagainsta prioriselectedenvironmentalperformanceindicatorstoestablishtheaccuracyofimpact prediction made during theimpact analysisstage. The monitoring and evaluation results are used to check compliance with regulations inforce,theeffectivenessofthemitigationmeasuresandinformenvironmentalmanagementactions.

AccordingtoHarmer(2015),effectiveEIAshouldreducetheenvironmentalimpactsofdevelopmentsifitsrecommendationsareimplementediscompletelyandadequately.ImplementationoftheserecommendationscanensurethattheexpectedbenefitsofEIAforecast during the pre-decision stages of the process are achieved during project implementation andmanagement. Furthermore, it enables the lessons, learned from experience to improve futurepractice of EIA. Without the implementations of the recommendations, EIA may be little morethanapaperbasedexercisetoobtain project approval.(Morrison-Saundersetal, 2011).

1.2 STATEMENT OF PROBLEMS

The core purpose of EIA is to integrate environmental considerations early in the decision-making process in order to identify and mitigate potential negative impacts of proposed actions.This is necessary to ensure that appropriate mitigation measures are incorporated during theplanningphases of projects, activities and operations.

In spite its use in both developed and developing countries, the EIA processes have documentedweaknesses that hamperits effectiveuse. Thishas compromised its effective integration ofsocial,economicandecologicalconsiderationsintosustainabledevelopment.SomeofthegenerallydocumentedEIAweaknessesinclude:lackofmeaningfulpartnershipwiththeconcerned public, poor quality and incomplete Environmental Impact Statement (EIS) oftenoverpopulatedwithinformationandinadequateimplementationoftheproposedmitigationmeasuresamongothers (Rafique, 2015).

Nigeria is a good example of a developing country with a highly ambitious EIA legislation inplace taking into account environmental, social, cultural as well as economic impacts of plannedprojects.Yet, the country faces many environmental and social problems resulting from sucheconomic activities.

Therateofenvironmentaldegradationofthecountryhoweverisalarmingduetosucheconomicactivities.ThedegradationpressuresthelivelihoodsofamajorpartofNigerianspopulation, which depends on environmental natural recourses for survival.   Furthermore,it   isamajorthreattoNigerian’sfuturegrowthpotentialandthusthecountry’spotentialforpovertyreduction.Therefore,despitethepresenceofanambitiousEIAsystem,negativeenvironmentalandsocialimpactsofprojectsactivitiesremainmajorchallengestoachievesustainabledevelopmentin this country.

In Nigeria, the areaof project EIA implementation and follow up needs improvement.Accordingto Muhhamad(2013),thereisneedfortheNigerian public,leadagenciesandNEMAtoensurefullimplementationofEIAandISO14000asoneofthemeasuresofmanagingthenegativeenvironmentalimpacts of urbanization. Otherwise EIA will remain merely an instrument ofapproval of projects.Whether EIA mechanisms have worked or is working for Nigeria is aquestionthat deservesananswer.

Lagos State Ministry Works and Services is the state government ministry, charged with the responsibility to plan, devise and implement the state policies on Works and Infrastructural developments.

The problem of the study was therefore to investigate the factors affecting how construction project recommendations from an environmental impact assessment are applied by Lagos State Ministry Works and Services.

1.3  RESEARCH QUESTIONS

Thestudywasguidedbythefollowingresearch questions.

1. Towhatextentdoesmonitoringandevaluationbyleadagencieseffecttheimplementationofenvironmentalimpactassessmentrecommendationbycommercialprojects?
2. Howdoespublicparticipationeffecttheimplementationofenvironmentalimpactassessmentrecommendations on commercial projects?
3. To what extent does budgetary allocation have on implementation of environmental impactassessmentrecommendations on commercial projects?

1.4 AIMS OF OBJECTIVES

Thepurposeofthestudywastoanalyzethefactors affecting how construction project recommendations from an environmental impact assessment are applied by Lagos State Ministry Works and Services. The objectives of the study are:

1. To examine the extent to which monitoring and evaluation by lead agencies influences theimplementationofenvironmentalimpactassessmentrecommendationsoncommercialprojects.
2. Toestablishtheextenttowhichpublicparticipationinfluencestheimplementationofenvironmentalimpact assessment recommendationson commercial projects.

1.5 SCOPE OF STUDY

The scope of this study covers investigating the factors affecting how construction project recommendations from an environmental impact assessment are applied by Lagos State Ministry Works and Services. The theory of environmental impact assessment decision willbe adopted which argues thatif you provide better and more information to the decision makerthen they will make a more rational decision because they will be better informed. Although it iswell known that in reality, decisions about development are not made solely or in some caseseven at all on a rational basis. Thestudy also covereda random sample from licensed projects withinthe saidgeographicalareaonlyprojects that fall under commercial categorization were selected forthestudy.

1.6 SIGNIFICANCE OF STUDY

It is anticipated that the findings of this study will incite project proponents, planners, designers,managers,theregulatingauthority,membersofthepublicandleadagenciestore-lookatcommercial projects implementation of EIA recommendations with a view to improving EMPdesign and mechanisms of its implementation for better environmental performance. A properEIAimplementationensuresadherencetoproponentcommitments,licenseconditions,implementationofplannedmitigationmeasuresandappropriatemanagementactiononunpredictednegative impactscoming tolightinthe course of projectimplementation.Thegeneral public will as a consequence of positive action taken by the foregoing groups benefitfromtheresultant improved publichealth and safetysituation.

1.7 OPERATIONAL DEFINITION

This section presents the definition of the key terms used in the study. The terms are definedwithinthe context of theresearch study.

Environmental impact assessment (EIA): is an environmental management tool comprising ofthe components of; projects screening, scoping, impacts prediction and analysis, formulation ofmitigation measures through public participation, environmental management plan formulation,decisiontaking, implementation and follow-up.

EIA implementationand follow up: consists of project activities undertaken after approval ofEIA to ensure implementation of approval conditions, check the accuracy of impact prediction,measure the effectiveness of mitigation measures, monitor environmental performance of theprojectand disseminatemanagement decisions tostakeholders.

Lead agency: means any Government ministry, department, parastatal, state corporation or localauthority, in which any law vests functions of control or management of any element of theenvironmentor natural resource;

Monitoringandevaluation:referstothecollectionofdatathroughaseriesofrepetitivemeasurements of environmental parameters (or more generally to a process of systematic) andassessment oftheirimpact.

EnvironmentMonitoring:Isthecontinuousassessmentanddeterminationoftheactualpotential effects of anyactivityon theenvironment

Project:definesanactionor activitythat leadsto projectswith animpact onthe environment.

Environment: The complex of physical, chemical, and biotic factors (such as climate, soil, andlivingthings)thatactuponindividualorganismsandcommunities,includinghumans,andultimately determine their form and survival. It is also the aggregate of social and culturalconditions that influence the life of an individual or community. The environment includesnatural resources and ecosystem services that comprise essential life supporting functions forhumans,includingcleanwater,food,materialsforshelter,and livelihoodgeneration.

Impact:Any effect caused by a proposed activity on the environment, including effects onhumanhealthandsafety,flora,fauna,soil,air,water,climate,landscapeandhistoricalmonuments, or other physical structures, or the interaction among those factors. It also includeseffectsonculturalheritageorsocioeconomicconditionsresulting fromalterationstothosefactors.

SUMMARYOFFINDINGS,DISCUSSIONS,CONCLUSIONSANDRECOMMENDATIONS

5.1          Introduction

Thischapterpresentsasummaryofmajorfindings,discussions,conclusionsandrecommendations in relation to the purpose of research; which was to find ways to incite projectproponents, planners, designers, managers, the regulating authority, members of the public andlead agencies to re-look at project implementation of EIA recommendations with a view toimproving better environmental performance. The study specifically aimed at establishing towhat extent three independent variables influenced the dependent variable of implementation ofEIA recommendationsin Abuja, through the analysis of primary data obtained thererelevant lead agenciesand project proponents as well as secondary data obtained.Discussedherebelowarethe summarize findingsagainst theresearch questions.

5.2          Summary of Findings

The summary of findings was discussed in relation to the study objectives which were; Toexaminetheextenttowhichmonitoringandevaluationbyleadagenciesinfluencestheimplementation of EIA recommendations, to establish the extent to which public participationinfluences the implementation if EIA recommendations and finally to examine the extent towhichbudgetaryallocationinfluencestheimplementationofEIArecommendationsoncommercialprojects

5.3          Discussions of the study

Statistical tests showed that there is indeed a high significance and relationship between thedependent and the independent variables. Monitoring and evaluation by lead agencieswerefoundtoshowaspectsinmanywaystoprovethatsuccessfulimplementationEIArecommendationsisenshrinedintheleadagencymonitoringandevaluation.Fieldresultsindicated that there are environmental consequences of poor monitoring and evaluation. ThiscorroborateswhatSaunders(2003)provedthatmonitoringoftheimplementationofEIArecommendations is necessary to avert environmental degradation. The findings have thereforeshownadequatemonitoringandevaluationhaveagreatimpactinreducingenvironmentaldegradationbycommercial developments.

Findings of the study indicated that public participation positively correlate with implementationof EIA recommendations R=0.523, p=0.00<α (0.05).It is also clear as per the results of the studythat only two percent of the lead agencies have adequately involved the members of public in theEIA process. The results corroborates what other scholars found out for example wood (2003),Saddler (1996) and Rafique (2005) who observed the very minimal public involvement is doneduringtheEIAprocessduetotheseveralchallengesuncountedduringtheduringtheimplementation on EIA participation, even thou it is completely inevitable for the public to beoverlooked. This simply means that public participation needs to be consulted from the earlystages of the EIA process. Traditionally, lead agencies have tended to overlook importance ofpublic involvement either through ignorance or sometimes with a purpose in order to avoidcensorship. Theoretical thinking has it that the public should be approached using a systemsapproachand that individuals who cooperate and work towards the same goal and objective aremorelikelyto achieve morethan thosewhogo italone.

In this study, it has been proved that poor public involvement by lead agencies and EIA expertshave a direct impact in the implementation of EIA recommendations. Stakeholders are thereforevery important in the successful implementation of EIA recommendations by commercial projectproponents To ensure effective public participation the study established that, public awareness,enforcement of public participation and more seriousness by the EIA experts as the main areas tobank onThe use of questioners and surveys was noted as the most common mode of publicinvolvement with technical workshops, Non-technical workshops and interpersonal contacts notbeingwell utilized despitetherebeingalegalrequirement fortheirutilization

Results indicated the lead agencies insufficiently budget for the follow up of the implementationofEIArecommendationsTheseresultscorroborateMorrison,SaundersandArts(2004)argumentthatuntilthebenefitsofEIAimplementationofrecommendationsarewidelyrecognized in terms of long term cost savings and improved environmental management leadagentswillcontinuetounderbudgetfinancesforEIAfollowupofrecommendedrecommendations diversion of the under budgeted finances was found to be large contributor ofthe already existing challenge with unrealistic estimation during the budgetary process as thecourse of under budgeting and finally sourcing and securing of adequate finances as the majorchallenge encountered bythe budget process

5.4          Conclusions of the study

Thefirstconclusionfromstudyfindingswasthatmonitoringandevaluationaffecttheimplementation of EIA recommendations on commercial projects In particular, lack of guidance,poorlydevelopedmonitoringandevaluationtechniques,enforcementdeficiency,limitedfinancial support and deficiencyof EIArecommendations

The study also concluded that public participation by persons involved in the entire EIA processhad great influence on degree of implementation of EIA recommendations lead agencies arehowever familiarwiththe government regulationsinpertainingpublicparticipationmatters.

Anotherimportantconclusionwasthatadequatebudgetaryallocationparamountintheimplementation of EIA recommendations. The study has shown that there is a perfect positivecorrelation between budgetary allocation and the implementation of EIA recommendations andthereforeleadagenciesmustbe nurtured to haveadequate budgetaryallocation.

5.5          Recommendations of the study.

EIA/A Regulations 2003 should be amended to include a paragraph that requires EMPs in EIAreportstoincludeclearenvironmentalindicatorstoaidimplementationofEIArecommendations.SpecialjointoversightteamsshouldbeestablishedinordertofacilitateperiodicmonitoringandevaluationofEIArecommendationsandensureeffectiveimplementation of the stated recommendations. It is further recommended that public educationon the importance of implementation of EIA recommendations be an integral part of all leadagencies.

All lead agencies should make provision for deep analysis of finances adequate for the specialjoint oversight teams in there budgetary process The study also recommended that there shouldbe more research and development (R & D) as this would give EIA experts quality judgment inproviding there recommendations to commercial development proponents . Finally, there is needforleadagentstoworktowardsself-sustainability toavoidfinancialdependency formthegovernmentand international donors

Thesubjectof  implementationof EIA recommendations    andfollowupneedstobetreatedseriouslybyall stakeholders in order for the inhabitants of Abuja in particularand Nigeria in general to reap the benefits of sustainable development that accrue with goodenvironmentalmanagementpractices.Whiletheobjectiveswereclearandsuccessfullyaccomplished,several areas remainunclearand requirefurther research.

First the study focused only on the concept monitoring and evaluation of implementation of EIArecommendations. The concept of effective monitoring and its advantages should be consideredfor further study. Second, It is proposed that further research be carried out on the quality of EIAreports since they form the basis of the entire EIA process. Finally, the study only used threeaspects of the organization namely monitoring and evaluation, public participation and budgetaryallocation. Other aspects of the organization could be reconsidered in a future research forexampletrainingand development, ofEIA lead agents.