310 likes | 331 Views
This concurrent session focuses on the experiences and challenges of impact assessment in the digital era in Nigeria's telecommunications industry. It explores the regulatory framework, environmental concerns, and the post-commissioning impact assessment process for telecom projects.
E N D
IAIA 2015 Concurrent Session: “Country Experiences with Impact Assessment in the Digital Era ll”, FLORENCE, ITALY, 23/04/2015 Communication in Post-commissioning IA in Nigeria Edward T. Bristol-Alagbariya, Faculty of Law, University of Port Harcourt, Port Harcourt, NIGERIA
Introduction: Communication Services & Networks in Nigeria • Since 2001, Nigeria’s telecommunications industry has been witnessing rapid growth & transformation • The telecom industry is governed by the Communications Act 2003 • This Act applies to the provision & use of all communication services & networks in the country
Introduction: Communication Services & Networks in Nigeria • The objectives of the Act include to promote the implementation of the national communications or telecommunications policy as may be modified & amended from time to time • The Act establishes the Nigerian Communications Commission to regulate the Communications industry
Introduction: Communication Services & Networks in Nigeria • The Act empowers the Commission & strengthens its capacity to operate as the independent regulator of the telecommunications sector • The functions of the Commission include to grant & renew communications licences & to monitor & enforce compliance of licensees with the terms & conditions of their licences
Introduction: Communication Services & Networks in Nigeria • The Commission is empowered to develop & monitor performance standards & indices relating to the quality of communications services & facilities supplied to consumers in accordance with best international standards • Licensees are required to get approvals of States & Local Governments & other relevant authorities to install, place, lay or maintain their network facilities
Introduction: Communication Services & Networks in Nigeria • The Communications Act imposes duties & responsibilities on licensees of communication facilities. These include • (a) to ensure good engineering practice, protect the safety of persons & property • (b) to ensure that their activities interfere as little as practicable with operations of public utilities, roads, paths, movement of traffic & land use; &
Introduction: Communication Services & Networks in Nigeria • (c) to protect the environment • Environmental issues associated with telecommunication projects include the following: • terrestrial habitat alteration, aquatic habitat alteration, visual impacts, hazardous materials & wastes, electric & magnetic fields, emission to air, noise & occupational health & safety
Introduction: Communication Services & Networks & EA • Telecom Companies (i.e., licensees or proposed telecommunication project proponents) such as telephone, mobile phone, TV & radio station proponents are to also comply with the EIA Act, 1992 • The regulation of Nigeria’s telecom sector is multi-sectoral, as licensees of communications/telecom services & facilities require approval of State & Local Governments & other relevant authorities
Introduction: Communication Services & Networks & EA • Thus, to erect infrastructural facilities such as masts, telecom Companies are to obtain EIA Certification • EIA Certification process require telecom project proponents to do the following: • (a) minimise or considerably avoid potential environmental & socio-cultural impacts of their projects
Introduction: Communication Services & Networks & EA • (b) ensure environmental safety, sound engineering practices & environmental management best practice; & • (c) comply with such EIA procedures, guidelines & standards as Nigeria’s Guidelines on Environmental Management system & Nigeria’s Guidelines on Environmental Audit
The NLNG Post-Commissioning IA (PCIA) • To understand the Nigeria LNG Limited (NLNG) PCIA, the following may be noted: • NLNG conducted & had EIA regulatory approvals for its projects designed as trains. These projects or trains are • The NLNG Base project (NLNG Trains 1& 2 ), Expansion project (NLNG Train 3), Plus project (NLNG Trains 4 & 5), NLNG Six (Train 6) & the proposed NLNG Train 7 project
The NLNG Post-Commissioning IA (PCIA) • The EIA process of each NLNG trains has its environmental, health & social aspects from which Environmental, Social & Health Management Plans (ESHMPs) are designed by the NLNG • One fall-out of the NLNG Train 3 EIA process is the mandatory requirement for NLNG to carry out on a 5-yearly basis PCIA of its Trains 1- 6 projects
The NLNG Post-Commissioning IA (PCIA) • The PCIA which was to take place in 2007 (i.e., 5 years after the commissioning of Train 3) is only presently ongoing • It was delayed due to the NLNG expansion projects (i.e., Trains 4 - 6), which were commissioned in 2005, 2006, & 2007 respectively • The ongoing NLNG PCIA is aimed at validating the proposed Train 7 EIA data
The NLNG Post-Commissioning IA (PCIA) • A core objective of the PCIA is to compare & address cumulative impacts data with baseline data of its existing EIA reports • This is where affected Local Communities can achieve the opportunities they missed during NLNG’s previous EIA processes (eg, NLNG’s previous Fish-catch study) • The PCIA process thus gave rise to the NLNG ongoing Fish-Catch & Biological Health Studies of the Bonny River Estuary
The NLNG PCIA: Fish-catch & Biological Health Studies • The main objective of the ongoing Fish-catch study is to assess the impact of the NLNG Exclusion Zone on the livelihood of Bonny Kingdom’s fisher-folks • The core objective of the Biological Health study is to determine possible contamination of designated biological resources & ecosystem dislocation of the Bonny River Estuary in the course of NLNG’s operations
The NLNG PCIA: Fish-catch & Biological Health Studies • The host-community affected by these studies is Bonny Kingdom • Communication facilities such as digital communication facilities e.g., mobile phones, walkie-talkies, computers & cameras helped to facilitate the studies • These facilities enhanced information exchange among stakeholders, especially host-community interest groups taking active part in the studies
The NLNG PCIA: Fish-catch & Biological Health Studies • Communication facilities used by key community interest groups such as the King-in-Council, BECC, Bonny Employment Bureau, & the Bonny Kingdom fisher-folks (thro: The Bonny Indigenous Fishermen Cooperative Union) are simple (unsophisticated) facilities • Conversely, communication facilities used by the contractors of the studies & NLNG officials include simple & sophisticated digital facilities
The NLNG PCIA: Fish-catch & Biological Health Studies • Communication between contractors of the studies & NLNG officials involves information generation, processing, storage & exchange of small & large data • Such communication facilities involve information generation, processing, storage & exchange of small & large data such as large picture messages etc
Conclusion: Communication Facilities & IA • Cordial communication between the contractors & host-community groups during these two studies demonstrate the importance NLNG attaches to communication among stakeholder-groups in IA processes • Communication facilities, including digital communication facilities, are thus enhancing EA process in Nigeria, especially stakeholders involvement
Conclusion: Communication Facilities & IA • There could also be challenges about increasing communication facilities • One challengeis that these facilities can be used by aggrieved host-community stakeholders such as the fisher-folks to question the honesty of the project proponent & thus impede community involvement aspect of IA processes
Conclusion: Communication Facilities & IA • For eg the fisher-folks complained that they lost trust in the NLNG, due to unfulfilled promises of its previous fish-catch study • Such a case of unfulfilled promises reinforces the need for NLNG to cultivate & sustain good relations with their host-communities
Conclusion: Communication Facilities & IA • By & large, these two studies would enhance the NLNG PCIA process • The NLNG’s HONEST implementation of the findings of these studies would enhance its relations with its host-Bonny Kingdom, especially the fisher-folks of the Kingdom