ABSTRACT

The study aimed toanalysefactors affecting how environmental impact assessment recommendations are applied to project in Abuja.The core purposeof environmental impact assessment is to integrate environmental considerations early in the decision-making process in orderto identify and mitigate potential negative impacts of proposed actions. This is necessary toensure that appropriate mitigation measures are in corporated during the planning phasesofprojects, activities and operations. In spite it’s well known advantages; the environmental impact assessment processes have documented weaknesses that hamperits effective use.This has compromised its effective integration of social, economicand ecological considerations into sustainable development. based on thisexisting fact the study will concentrate on three major parameters :the extent towhich monitoring and evaluation by lead agencies affect the implementation of environmental impact assessment recommendations, the extent to which public participation influences implementation ofenvironmental impact assessment recommendations and lastly the extent towhich budgetary allocation influences the implementation of environmental impact assessment recommendationsin Abuja .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.In this study anonprobabilistic sampling design, will be used since it is suitable when data sought can only beobtained from certain groups. A target population of 63 was used as 10% of the sample framefrom ex-post facto research design. A questionnaire with both closed ended and open endedquestions and an interview schedule was used as tools for the collection of primary data. Thequestionnaire will be hand delivered to respondents and a time for collection agreed upon. The use of an interview schedule required administration by an enumerator,who will help the respondent fill the schedule. A computer software programme SPSS was used to analyze quantitative data where both descriptive and personc or relation was performed. The study established that a positive cor relation existed between monitoring and evaluation and implementation of EIA recommendations=0.479,P=0.00<α(0.05public participational so recorded a positive correlation of R=0.523, p=0.00<α (0.05).and on the last objective the study established a positive cor relation between budgetaryal location and implementation of EIA recommendations R=0.471p=0.000<α (0.05).the study concluded that monitoring and evaluation,public participation and budgetary allocation all had significant influence on the implementationofEIA recommendations.

CHAPTER ONE

INTRODUCTION

BackgroundtotheStudy

Environmental degradation and the depletion of natural resources induced by human activitieshave 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 systematic identification and evaluation of the impacts on the environment caused by aproposed project.
Nigeria (Africa’s most populous nation),independent since 1960, occupies an area of 923,768km2 with varied climates and seasons. Presently,its estimated population is over100million people.
Priortooil, agriculture (before1970) was the economic mainstay. With financial resources available from oil and no development policy, unguide durbanization and industrialization took place. Uncontrolled population growth, desertification, and deforestation led to degradation and devastation of the environment .As desirable and necessary as development is, it became an albatross not of itself but because of the lack of appropriate policies to guide it. There were several sectoral regulations aimed at controlling environmental degradation which were unsuccessful due to the absence of effective sanctions. Economic considerations and fundamental lack of knowledge of interdependent link ages among development processes and environmental factors, as well as human and natural resources, resulted in anunmitigated assault on the environment. However, the environment and the need for its preservation (inspite of all efforts by United Nations Environment Program[UNEP]andInternationalConventionswhichNigeriaratified),tookcentrestageafterthe momentousandsingulareventofthesecretdumpingoftoxicwasteinKokoPort,BendelState(nowDeltaState)inMay1988byforeign parties.ThiswasfollowedbythepromulgationoftheHarmfulWastes(SpecialCriminalProvisions)Act1990.Initswake,international seminarsandworkshopswereheldinAbujaandLagosandtheconsensuswasfor appropriateenvironmentallegislationtodiscourageshort-termplansand‘firebrigade’approachestoenvironmentalissues.
Aninstitutionalframeworkwassetuptodealwiththeproblemsofourenvironment.TheFederalEnvironmentalProtectionAgency (FEPA),establishedbyDecree58of1988ofthesamenameandamendedbyDecree59of1992,wasgivenresponsibilityforcontroloverourenvironmentandforthedevelopmentofprocessesandpoliciestoachievethis.ApartfrompublishingtheNationalPolicyontheEnvironment(NPE)in1989,withthepolicygoalofachievingsustainabledevelopment,itpublishedothersectoralregulationsincludingtheNationalEnvironmentalProtection(PollutionAbatementinIndustriesandFacilitiesGeneratingWastes)Regulation1991whereinEIAwasmadeobligatoryonlywhensodemandedbyFEPAandcompliancewaswithin90daysofsuchdemand.HoweverintheoilindustrytheprincipallegislationisthePetroleumAct1969andallderivativeregulationschargedDPRamongotherswithpollutionabatement.
States and Local Government Councils (LG) which comprise the second andthird tiers of government were encouraged under Decree 59 of 1992 to set uptheirownenvironmentalprotectionagencies.
Foraproposedprojectoractivity,theEnvironmentalImpactAssessment(EIA)processconsistsofthepre-decisionstageandthepost decision stage.The pre-decision stage consists of: screening todetermine whether theproject requiresfull EnvironmentalImpactAssessment(EIA) or not; scoping to prepare the terms of reference of the EnvironmentalImpactAssessment(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 Environmental Impact Assessment (EIA) review. Thepurpose for undertaking these activities is to monitor, evaluate, manage and communicate theenvironmental outcomesthat occur inorder toensure that projectsare meeting intendedgoalsandobjectivesand,moreimportantly,toprovideforfeedbackandlearningforimprovingenvironmental management practices (Arts et al. 2001). 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(2005),effectiveEnvironmental Impact Assessment (EIA) shouldreducetheenvironmentalimpactsofdevelopmentsifitsrecommendationsareimplementediscompletelyandadequately. ImplementationoftheserecommendationscanensurethattheexpectedbenefitsofEnvironmental Impact Assessment (EIA)forecastduring 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 Environmental Impact Assessment. Without the implementations of the recommendations, Environmental Impact Assessment may be little morethanapaperbasedexercisetoobtain projectapproval. (Morrison-Saunders et al,2001).

StatementoftheProblem

The fundamental purpose of Environmental Impact Assessment 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 Environmental Impact Assessment (EIA)  processes have documentedweaknesses that hamperits effective use. Thishas compromised its effective integration ofsocial,economicandecologicalconsiderationsintosustainabledevelopment.SomeofthegenerallydocumentedEnvironmental Impact Assessment (EIA) weaknessesinclude:lackofmeaningfulpartnershipwiththeconcerned public, poor quality and incomplete Environmental Impact Statement (EIS) oftenoverpopulatedwithinformationandinadequateimplementationoftheproposedmitigationmeasuresamongothers (Rafique, 2005).
Nigeria that have Abuja as its capital territory 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 Nigeria faces many environmental and social problems resulting from sucheconomic activities. Having the poor growing economy in Sub Saharan Africa in 2011 (WorldBank 2012).
Therateofenvironmentaldegradationofthecountryhoweverisalarmingduetosucheconomicactivities.Thedegradationpressuresthe livelihoodsofamajorpartofNigerianspopulation, which depends on environmental natural recourses for survival.   Furthermore,it   isamajorthreattoNigeria’sfuturegrowthpotentialandthusthecountry’spotentialforpovertyreduction.Therefore,despitethepresence ofanambitiousEIAsystem,negativeenvironmentalandsocialimpactsofprojectsactivitiesremainmajorchallengestoachieve sustainabledevelopmentin this country.
Views of researchers who have conducted studies on EIA practice in Nigeria suggest that the areaof project EIA implementation and follow up needs improvement.Accordingto Muhhamad(2003),thereisneedfortheNigerianpublic,leadagenciesandFEPAtoensurefullimplementationofEIAandISO14000as oneofthemeasuresofmanagingthenegativeenvironmentalimpacts 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.
The problem of the study was therefore to investigate the factors influencing the implementationof environmental impact assessment recommendations on commercial projects in AbujaNigeria.

Purposeof theStudy

Thepurposeofthestudywastoanalyzethefactorsinfluencingtheimplementationofenvironmental impact assessment recommendations on commercial projects in Abuja Nigeria.

ObjectivesoftheStudy

Thisstudywasguided bythe followingobjectives.

1. To determine the extent to which monitoring and evaluation by lead agencies influences theimplementationofenvironmentalimpactassessmentrecommendationsoncommercialprojects.
2. Todeterminetheextenttowhichpublicparticipationinfluencestheimplementationofenvironmentalimpact assessment recommendationson commercial projects.
3. Todeterminetheextenttowhichbudgetaryallocationinfluencestheimplementationofenvironmentalimpactassessmentre commendationsimplementationoncommercialprojects.

ResearchQuestions

Thestudywasguidedbythefollowingresearch questions.

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

SignificanceoftheStudy

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,implementationofplannedmitigation measuresandappropriatemanagementactiononunpredictednegative impactscoming tolightinthe course of projectimplementation.Thegeneral public will as a consequence of positive action taken by the foregoing groups benefitfromtheresultant improved publichealth and safetysituation.

DelimitationoftheStudy

ThisstudyconsistedofthecollectionofinformationonimplementationEIArecommendationsin Abuja. Thestudy also covereda random sample from licensed projects withinthe saidgeographicalareaonlyprojects that fallundercommercial categorizationwere selectedforthestudy.

LimitationoftheStudy

The major limiting factor encountered for the study was number of EIA specialists in Abujawhowereinvolvedincommercialdevelopmentprojectswhoarerelativelylimited.Thedata collection method for the study required that questionnaires be served upon the identifiedcrucialmembersitwasexpectedthat,theresearcherandhisassistantswouldencounterdifficultiesin reachingthesepeople.

AssumptionsoftheStudy

It was assumedthat the truthfulness of the respondents and the reliability andvalidityoftheinstrumentsofsurveywouldbesuchastofacilitatethecollectionof information whoseanalysiswouldculminatein therealization ofuseful results.

DefinitionofSignificantTerms usedintheStudy

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 decisionsto stakeholders.
Environmentalmanagementstructure:isthemechanismputinplacebyacountry'sregulatory authoritytoenableitcoordinateeffectivelytheactivitiesofinternationalandlocalpartnerstorealizeasynergytowardsenvironmental performance.

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:definesanactionoractivitythatleads toprojectswith animpacton theenvironment.

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,andlivelihoodgeneration.
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.

Discussions of the study

Statistical tests showed that there is indeed a high significance and relationship between the dependent and the independent variables. Monitoring and evaluation by lead agencies were found to show aspects in many ways to prove that successful implementation EIA recommendations is enshrined in the lead agency monitoring and evaluation. Field results indicated that there are environmental consequences of poor monitoring and evaluation. This corroborates what Saunders (2003) proved that monitoring of the implementation of EIA recommendations is necessary to avert environmental degradation. The findings have therefore shown adequate monitoring and evaluation have a great impact in reducing environmental degradation by commercial developments.
Findings of the study indicated that public participation positively correlate with implementation of EIA recommendations R=0.523, p=0.00<α (0.05).It is also clear as per the results of the study that only two percent of the lead agencies have adequately involved the members of public in the EIA 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 done during the EIA process due to the several challenges uncounted during the during the implementation on EIA participation, even thou it is completely inevitable for the public to be overlooked. This simply means that public participation needs to be consulted from the early stages of the EIA process. Traditionally, lead agencies have tended to overlook importance of public involvement either through ignorance or sometimes with a purpose in order to avoid censorship. Theoretical thinking has it that the public should be approached using a systems approach and that individuals who cooperate and work towards the same goal and objective are more likely to achieve more than those who go it alone.

In this study, it has been proved that poor public involvement by lead agencies and EIA experts have a direct impact in the implementation of EIA recommendations. Stakeholders are therefore very important in the successful implementation of EIA recommendations by commercial project proponents 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 to bank on The use of questioners and surveys was noted as the most common mode of public involvement with technical workshops, Non-technical workshops and interpersonal contacts not being well utilized despite there being a legal requirement for their utilization
Results indicated the lead agencies insufficiently budget for the follow up of the implementation of EIA recommendations These results corroborate Morrison, Saunders and Arts (2004) argument that until the benefits of EIA implementation of recommendations are widely recognized in terms of long term cost savings and improved environmental management lead agents will continue to under budget finances for EIA follow up of recommended recommendations diversion of the under budgeted finances was found to be large contributor of the already existing challenge with unrealistic estimation during the budgetary process as the course of under budgeting and finally sourcing and securing of adequate finances as the major challenge encountered by the budget process

Conclusions of the study

The first conclusion from study findings was that monitoring and evaluation affect the implementation of EIA recommendations on commercial projects In particular, lack of guidance, poorly developed monitoring and evaluation techniques, enforcement deficiency, limited financial support and deficiency of EIA recommendations

The study also concluded that public participation by persons involved in the entire EIA process had great influence on degree of implementation of EIA recommendations lead agencies are however familiar with the government regulations in pertaining public participation matters.
Another important conclusion was that adequate budgetary allocation paramount in the implementation of EIA recommendations. The study has shown that there is a perfect positive correlation between budgetary allocation and the implementation of EIA recommendations and therefore lead agencies must be nurtured to have adequate budgetary allocation.

Recommendations of the study.

EIA/A Regulations 2003 should be amended to include a paragraph that requires EMPs in EIA reports to include clear environmental indicators to aid implementation of EIA recommendations. Special joint oversight teams should be established in order to facilitate periodic monitoring and evaluation of EIA recommendations and ensure effective implementation of the stated recommendations. It is further recommended that public education on the importance of implementation of EIA recommendations be an integral part of all lead agencies.
All lead agencies should make provision for deep analysis of finances adequate for the special joint oversight teams in there budgetary process The study also recommended that there should be more research and development (R & D) as this would give EIA experts quality judgment in providing there recommendations to commercial development proponents . Finally, there is need for lead agents to work towards self-sustainability to avoid financial dependency form the government and international donors