The Environment Consultant

Environmental assessments are at the intersection of science, policy, and business. Without a clearly defined set of rules and standards, this intersection can become a space of conflict and confusion. Assessments such as the ESIA are a legal requirement in most, if not all, countries of the world. Compliance with national and local planning regulations is mandatory in all circumstances.

Therefore, it is necessary to understand the policy, legal and administrative framework within which projects take place, and identify any laws and regulations that pertain to environmental and social matters relevant to the project. This includes laws implementing host country obligations under international law, as well as the regulatory requirements applicable for co-financing partners — such as the International Finance Corporation (IFC) Performance Standards as required by projects funded by the World Bank.

Hence, it is the duty of the environmental consultants leading environmental assessments (ESIA, SEA, ESMP, Baseline Studies, etc.), to establish the regulatory framework by analyzing all policies and legal components applicable to a project.

This analysis should be included in most reports as a separate section, and should also flag any areas where the project might fall short on compliance.

Further read: Environmental Regulatory Framework for Saudi Arabia.

Structure of the Regulatory Framework

• Section title with an Introductory paragraph describing the approach for reviewing the law and institutional policies. If for a specific project or country/locality there is a lack of policies, this introduction should describe which regulations will be followed instead (e.g. following international best-practices).
• The first subheading describes the Local Regulations if available, or the National Policies, Laws and Regulations. It should elaborate on the administrative structure of the regulators. The environmental legislation should be grouped by type (Laws, Regulations, Policies, Standards, Guidelines, National Plans, etc.). Once this is established, each pertinent law/policy/regulation should be described. A way to showcase the regulatory framework is in a summary table. Three main columns are required: ‘Regulation’ with the name and year of the law; ‘Overview’ to briefly describe it; and ‘Relevance to the Project’ to guide its applicability.
• Next, the International Regulations and Agreements should be described, mentioning those agreements, treaties and conventions that the host country is signatory (e.g. Bonn Convention, UN Conventions, Ramsar, regional treaties, etc.), as well as all the international guidelines and standards applicable to the project as defined by the funding entity — IFC Performance Standards, WHO Guidelines, Equator Principles.
• The next subheading should refer to the institutional regulations if applicable, describing existing guidelines and internal policies prepared by the project owner. These policies are often available for large companies, and not applicable for small projects.

Further read:
Regulatory Framework within the ESIA for Tilenga Project (by TotalEnergies Uganda, page 101), and for a Solid Waste Management Project in Gaza (page 82).