Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698078588701.pdf (Sierra Leone)
Bishop T. A. Koroma Member STATUTORY INSTRUMENT Supplement to the Sierra Leone Gazette Vol.

CXLI, No.

85 dated 2nd December, 2010 8 Jonathan Sharkah Member K. K. Dabo Member EXPLANATORY NOTES These Notes do not form part of these Regulations but are intended to explain the purport of the Regulations.
Licences are granted by the Environment Protection Agency to enable a person (whether an individual or a company) to undertake the projects set out in the First Schedule to the Environment Protection Agency Act, 2008.

The fees charged for the issuance of a licence depend on the factors set out in the Third Schedule.

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE.

GAZETTE NO.

85 OF 2ND DECEMBER, 2010.

STATUTORY INSTRUMENT NO.


14 OF 2010 Published 2nd December, 2010 THE ENVIRONMENTAL PROTECTION AGENCY ACT, 2008 (ACT NO.

8 0F 2008) THE ENVIRONMENT PROTECTION AGENCY (ENVIRONMENTAL IMPACT ASSESSMENT LICENCE) REGULATIONS, 2010 Short title.

In exercise of the powers conferred upon it by section 62 of the Environment Protection Agency Act, 2008 the Board hereby makes the following Regulations:- 1.
(1) Any person who wishes to undertake or cause to be undertaken any of the projects set out in the First Schedule to the Act shall apply to the Agency for a licence.

Application for licence.

(2) The application shall be in the form set out in the First Schedule.
(3) The application shall be accompanied by a description of the project to be undertaken which shall include- (a) the design of the project; (b) (c) (d) in the case of construction, the materials to be used in the project; the number of people to be employed by the project; the projected areas of land, air or water that may be affected by the project; (e) the estimated total capital expenditure.

2 Issuance of licence.

Fees for licence.

2.


On the approval of the environment impact assessment submitted under section 26 of the Act, the Agency shall issue a licence to the applicant in the form set out in the Second Schedule.

3.

(1) The Agency shall charge the fees set out in the Third Schedule for the issuance of a licence which shall include the cost of monitoring.
(2) The fees charged for the issuance of a licence shall be on a weighted points system taking into account factors such as- (a) (b) (c) (d) (e) (f) the project's capital outlay or investment; the project's location relative to human settlements; the total land area to be covered by the project; the nature of project activities; the impact of the project's activities on the environment; and the level of environmental pollution engendered by the project activities.
Monitoring of activities of licence holders.

4.

(1) The Agency shall monitor the activities of a licence holder for the purpose of ensuring that the terms and conditions of the licence and other requirements of the Act are complied with.
(2) The monitoring of the activities of a licence holder shall relate to– (a) the area and complexity of the project and the project site; (b) the potential area of impact of the project; (c) the intensity of the impact; (d) whether there is a substantial change or modification in the project or in the manner in which the project is being undertaken; (e) whether the project poses a threat to the environment which could not have been reasonably foreseen at the time of the submission of the environmental impact assessment; 3 (f) the implementation of mitigation measures provided for in the environmental impact assessment.
FIRST SCHEDULE Application for licence 1.

Name of applicant.

2.

Address of applicant.

3.

Address of applicant if it is a subsidiary of a company registered outside Sierra Leone.

Project for which application is made.

4.

5.

Area both in location and in hectares in which project will be undertaken.

Period within which project will be undertaken.

6.
6.

SECOND SCHEDULE SIERRA LEONE ENVIRONMENT PROTECTION AGENCY LICENCE TO UNDERTAKE PROJECT This is to certify that (Name of company) of (address of company) has been authorized to undertake (list project for which licence is to be issued).
The licence shall be subject to the following conditions (state the conditions subject to which the licence is issued) The licence shall expire on (state the date of expiration of licence) Issued this day of , 20 Executive Chairman 4 THIRD SCHEDULE LICENCE FEES Point based Criteria for determination of Licences Fees Score Log Scale of Score 1 Project's Capital Outlay/investment (USD) 1.1 Below 100,000 1.2 Between 100,000 - 500,000 1.3 Between 500,000-1,000,000 1.4 Between 1,000,000 - 5,000,000 1.5 Between 5,000,000 -10,000,000 1.6 Between 10,000,000 -20,000,000 1.7 Between 20,000,000 -30,000,000 1.8 Between 30,000,000 -50,000,000 1.9 Between 50,000,000 -100,000,000 1.10 Between 100,000,000 -150,000,000 1.11 Between 150,000,000 -200,000,000 1.12 Above 200,000,000 30 40 50 60 65 70 75 80 85 90 95 100 2.
Project location relative to human settlements 2.1 In or near ecologically sensitive areas (coastal and marine areas, hill tops etc) 2.2 Distance (Kilometres) from human settlements 2.2.1 0.5 - 1 2.2.2 1 - 5 2.2.3 5 - 10 2.2.4 10 - 15 2.2.5 15 - 20 100 100 80 40 20 10 1.48 1.60 1.70 1.78 1.81 1.85 1.88 1.90 1.93 1.95 1.98 2.00 2.00 2.00 1.90 1.60 1.30 1.00 3 Concession or total area of project activities 3.1 Less than 1 hectare 10 1 1-2.4 Hectares 2.4 - 47 hectares 3.2 3.3 3.4 Above 47 hectares 4 Type of Project activities 4.1 Blasting (use of explosives) 4.2 Excavation (mining, road construction, housing etc) 4.3 Dredging 4.4 Land use change (e.g.
from forestry to agriculture, mining, roads, housing etc) 4.5 Underground activities (such as underground mining) 4.6 Logging 4.7 Vegetation clearing ( football fields, factories, drying floors) Impact on the natural environment 5 5.1 Biodiversity loss 5.2 Deforestation 5.3 Diversion of waterways 5.4 Bush fires 5.5 Erosion of top soil 5.6 The project impact on beaches 5.7 The project impact on mangroves 5.8 The project impact on estuaries and refuge of fish and crustaceans Potential for large scale oil spill 5.9 6 Environmental pollution 6.1 Effects on air quality (Green house gases, CFCs, etc) 6.2 Effects on water quality 6.3 Land contamination (soil quality) 6.4 Exposure of naturally occurring heavy metals, sulphur etc High Noise levels use or production of ozone depleting substances 6.5 6.6 Score 25 75 100 100 75 50 80 100 100 100 75 75 100 100 75 100 100 100 100 100 100 100 100 75 100 5 Log Scale of Score 1.40 1.88 2.00 2.00 1.88 1.70 1.90 2.00 2.00 2.00 1.88 1.88 2.00 2.00 1.88 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 1.88 2.00 6 Solid Waste generation 6.7 6.8 Chemical and Hazardous wastes 6.9 Process produces forbidden chemicals 6.9.1 Use of inorganic fertilizers 6.9.2 Use of insecticides/pesticides 6.9.3 Use herbicides 6.9.4 Potential pollution of sporadic nature 7 Occupational, Health and Safety risks 7.1 Noise level - for operators and support staff of machinery Fire and electrical hazards 7.2 7.3 Dust, fumes, smoke and fuel fumes 7.4 7.5 Accidents (machinery operation) 7.6 Exposure to chemicals hazardous Potential for explosions to human health 7.7 Vibrations of machinery (drills, rock breakers etc) 8 Type of monitoring required 8.1 Air quality monitoring 8.2 Water quality monitoring 8.3 Soil quality monitoring 8.4 Human health (epidemiological trends from DHMT) 8.5 Biodiversity Monitoring 9 Social Impact 9.1 Resettlement or relocation 9.2 Loss of livelihoods from loss of land, forest and non forest resources 9.3 Loss of cultural heritage (sacred bushes, graveyards) Score 25 75 75 45 50 30 75 25 25 75 75 100 100 25 75 75 75 75 75 100 100 50 Log Scale of Score 1.40 1.88 1.88 1.65 1.70 1.48 1.88 1.40 1.40 1.88 1.88 2.00 2.00 1.40 1.88 1.88 1.88 1.88 1.88 2.00 2.00 1.70 7 Score Log Scale of Score 9.4 The project is going to obstruct economic activities (fishing, farming etc) 100 2.00 Total 10 Impact Scale: cost per point (USD) 10.1 Huge Scale Large impact Scale projects 10.2 10.3 Medium impact scale projects 10.4 Small impact scale projects 10.5 Minor impact scale projects 10.6 Minute impact scale projects 10.7 Insignificant impact 4000 3000 2500 2000 1500 1000 5000 above 89 60-89 45-59 34-44 24-33 14-23 4-13 11 Monitoring fees 20% of licence fee MADE this 11th day of November, 2010.
Haddijatou Jallow Executive Chairman Dan Mason Member John Tommy Member Abu Bangura Member Thomas R. A. Winebah Member Sheku A. Mansaray Member