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I'm sorry but I don't understand the request. What's a dolly boat? Or do you mean boat dolly? Hello Gavin, I have started to build a Barton Skiff and would love to put sails to this boat, please could you suggest a simple rig that I could use as I think it would set my boat off.

Maybe also could you suggest the position of the mast. I'm delighted to hear Simple Plywood Boat Build 02 that you're building this boat, and would very much like to follow your progress and provide whatever help seems to be required. Where are you? However, the Barton skiff is really not intended to be a sailer � it's got the wrong kind of hull, particularly for upwind sailing. Also, I'd strongly suggest joining the gmaboatbuilders yahoogroup and reading through the experiences of Brian and Charles, who have both built the Barton skiff, and the correspondence will include some useful bits of advice.

Of course, you could always have a small mast with cross trees if it tickles your fancy. Add nav lights and it would have real purpose�. Gavin, I am on the North coast of Northern Ireland, from a small town called Coleraine about 5 minutes from the sea.

I like the sound of the mast about 9 ft as my lathe has a 3 ft bed and I would turn it in three sections and have two cross members one at 3 ft and the bottom one at 5 ft with a cool red sail. I am a carpenter by trade so the woodwork side should be sorted.

I am finishing all gunwales and finishing work with Mahogany and varnish with a green hull so it should be the best looking boat sitting in our bay. This all sounds good anyway. Sorry to bother you again as I have just realised that sailing this boat will not work you can tell I am a novice. Your idea about a small mast, nav lights sounds real good so I think I will run with that.

Work is progressing well. Gavin, where would you position the small mast and what size, diameter etc do you think would look good. Hope to get some photos soon, the delay has been because daughter took my camera of to University and left us without one.

Oh my gosh� Attached to the forward bulkhead, three times as high as the sheer, maybe 4 side to side by 5in fore and aft tapering to 4 by 4 or 3. That's my first guess, based on an easy place to site it and the rule of threes that works for most things! I've just remembered that you want to hang a sail from this mast � so forget the cross tree, make the dimensions an inch thicker each way, and make the mast about ft high. What sort of sail are you thinking of?

I'd suggest a spritsail, or maybe a squaresail. You will of course need a rudder too! There's a fair amount of geometry involved in placing a sailing rig, so I guess this will be a largely downwind sail.

Hi Gavin, just to let you know I have started to sheet the hull and things are getting exiting to see the shape come together. Gavin, Have finished sheeting bottom of hull and today before weather turned real bad I laminated Mahogany and Ash strips to the transom on the outside and it looks real good. Hope to sand down tomorrow and coat with epoxy to seal then finish the hull with ply before Xmas.

Have set my launch date for Easter in Portrush so will be busy after Xmas. Bought an outboard last week and an engineering friend is stripping and rebuilding it for me and also restoring the paintwork to make as new. It is a small vintage 4 stroke as I do love working with old motors. I Have Just purchased a king Cruiserall original hardware , it needs tlc , i am looking for some basic plans to guid me on this restoration adventure , can you help , or direct me to somewhare i might find info.

I came to this site to answer the trunnell boat query, but noticed this page. With another hat on I run the Eventide Owners Group website. We have a host of practical seaworthy craft drawings available, designed by Gibbs, Buchanan and Griffiths, plus others, many have sailed far and wide. We pass on to anyone in our group, the drawings of all our boats , and membership is free, you just have to enrol.

Hello Gavin, my Barton skiff is now finished and is being launched this weekend. Iam so proud of her and I think she looks wonderful. I went with small mast and I added my own thoughts of what I wanted to make her look like. I will send photos and hopefully speak soon. Many thanks, Andrew. Hi Gavin, well here I go again. I am thinking of building the Bluestone Schooner this winter as I am getting a berth in Portrush harbour and I think she will be the boat for me.

Do I just download the plans again or can you send me a copy? Many thanks Andrew McNeill. Great Site. I am considering building a canoe or small boat. Preference is for a paddler, but I might also attach a sail on occasion. Usage would be on lakes, and such. I doubt we would ever carry more than an ice chest. Most common use would be fishing and wildlife watching.

Would the Cinderella be too small for tandem use at only 12 feet. The Cinderella is a great, fun little boat, but is definitely a one person canoe, unless those involved are about 11 years old! Hi Gavin! I am looking to build a waterwag! I have a really old mold but am looking for plans so I can make this one lighter. I will have it professionally made so I dont think the complexity of the plans should be an issue.

Do you know where I could get these plans? I have three weeks of around 35 hours. I was wondering if you could advice me if building the sailing skiff in that time, could be possible.

I have somewhat novice skills working with wood, but I am adept at powertools in general and have worked a lot with glasfiber and epoxy shaping, sanding, finishing etc. Hope to hear from you. Anders, Denmark. You could possibly build a little paddler or rower in that time, but I think it would have to be rough and ready. Hi Gav, I grew up in a boatshed, as a professional fisherman and surfing on the east coast of Australia. Now I know this question is relative can be related to experience and how much discomfort you are prepared to tolerate, and in that if you have no choice but die or punch 40 footers, you could probably sail a grand banks dory leeched and yawled up if you had to and were lucky, but as a 55 yo guy whose trade was made redundant by computers and then left stitched up by a divorce that cleaned me out soon after, what would the smallest sailing vessel boat you would advise for solo crossing oceans and global circumnavigations.

So what sailing craft would fulfill these criteria given restrictions as to where shes lofted up in your opinion please?. I did read of a Dutchman sailing a kayak from Holland to Australia by coast hugging and Island vaults but was hoping to up the ante just a touch with something extremely seaworthy and comfortable to live on alone or two up spooning: , but the smaller it is the more likely I can accommodate it successfully. You got a magic wand to go with that slide rule handy?

Gavin; I have your book ulUltra simple boat building. I would love to build a Mini mouse. Are more detailed plans available or must I make do with what is in the book? By the way I loved the book. Any plans for a simple version of a gondola or sandalo? Good morning, I am interested in building a small clinker launch aproximately 5 mtrs in length I have searched for plans as of yet to no avail.

Can you recommend any plans or where I can obtain them. Also needs to easally accommodate pounds and handle some lake chop. Later I plan on building a yawl or wherry for rowing, and an outboard skiff maybe v bottom in the foot range for taking the family out. Seriously considering the Ella or Field and Stream skiffs. Thank you! Hope to get started soon. Rowing the broken down loaner John boats at my local lake is not all that much fun.

At least gets me out on the water for now. Hi Gavin, I really like your Ella sailing skiff design, but I was looking for a way to use less plywood.

Would it work to use oak wood frames and only have plywood for the sections that need buoyancy frame 5 and 2, and leaving out the forward and aft side buoyancy tanks? Would this work or would this not provide enough buoyancy add to much weight? Weight wise it would be fine. Why is economising on plywood important to you? I want to use it to search around the keys, and on the rivers and lakes, but mostly as a boat I can car top or trail, take to the beach and learn to sail with near the beach.

The waters on the gulf are choppy, but mostly calm, the waves are a foot or less most days, but can get to 3 or 4 on occasion. These are great questions. Certainly there are things to learn in order to do it safely. There may also be clubs and associations�. Designers design-in the details of their plans for a reason and changing them is best done by the experienced.

For example, the small bouyancy boxes in the sides of the Ella are there to make sure that the dinghy floats high enough to come up without too much water inside when righted after a capsize.

PS � they may even know where to get good ply! Gavin, I am hoping to construct a simple boat like the Light Dinghy shown above. Gavin, was looking for plans to the Lilypad punt.

Any blogs or posts of users and where they use them? Any help highly appreciated! Gavin � do you know where I can obtain plans for a full-size bateau boat? One that was used to transport goods down river. The only plans that I can find are for smaller versions. Thanks, Jim. From memory I think that was in the ft range. This site uses Akismet to reduce spam. Learn how your comment data is processed. Sunny skiff lightweight plywood rowing dinghy � The 12ft Ella skiff � get the plans for this easy to build lightweight rowing boat here.

Hey, I am hoping to build the julie skiff for my first boat. Hey, I am 14 years old and plan on constructing a skiff for fishing. It's ok Gavin, Like I said, only if you have time and are interested. Thanks Gavin I have actually managed to maneuver my way over to Duckworks Magazine through your site, and they have been very helpful over there! Excellent news � I'm sorry I'm in no position to help myself at the moment.

Hi there, a little advice please. My kids will both be teenagers in 3 years time. At the moment the kids sail mirror dingy and are very keen to help in the build. Interestingly, Mishra and Das argue that considering the impact of a given action on only one element of the environment is not enough. According to them, the impact of a given action on one of the elements of the environment will affect the entire elements of the environment.

In order to make this clear, they analogize the impact of an action on one of the components of the environment with a problem with one of our essential body organs such as the heart. In like manner, if for example the atmosphere is affected like ozone depletion , the other elements of the environment such as the biosphere will be affected. For more on this point, see P. DAS, id. But for the purpose of this dissertation, indulgence into such discourses does seem not appropriate.

Indeed, current environmental laws recognize the importance of EIA as a tool capable of ensuring the integration of environmental values into decision-making process thereby promoting sustainable development and the enjoyment of the right to live in a clean and healthy environment.

The government of Ethiopia also seems to be cognizant of the need to protect the environment to bring about sustainable development. Thomas F. Sullivan ed. Actually, because Ethiopia has had laws aiming at the protection and preservation of the environment including the EIA Proclamation, some writers argue that the country is deeply concerned about its environment.

See, Khushal Vibhute, Environmental Policy and Law of Ethiopia, 23 Journal of Ethiopian Law 75, 76, discussing the environmental law and policy of Ethiopia from policy perspective. At this juncture, one has to note that the importance of EIA is not something that is accepted by everyone. The eight pillars the PASDEP listed are building all-inclusive implementation capacity, a massive push to accelerate growth, creating the balance between economic development and population growth, unleashing the potentials of Ethiopia's women, strengthening the infrastructure backbone of the country, strengthening human resource development, managing risk and volatility, and, creating employment opportunities.

See id. However, the GTP does not include environmental protection in its pillars. The pillars of the GTP are sustaining faster and equitable economic growth, maintaining agriculture as a major source of economic growth, creating favorable conditions for the industry to play key role in the economy, enhancing expansion and quality of infrastructure development, enhancing expansion and quality of social development, building capacity and deepen good governance, and promote women and youth empowerment and equitable benefit.

Thus, environmental protection is not listed, at least expressly, as one of the pillars of the GTP. Although I cannot deal with all of them exhaustively, I will raise and respond to some of them in a brief manner. First, although EIA emerged from a developed country, the USA, developed countries are also using EIA, to a greater extent, for that matter, than other countries because of its advantages.

Second, this argument is not supported by the practice in developing or the least developed countries because there are indications that some developing and the least developed countries are developing environmental laws including EIA regulations on their own initiatives. There are also people who think that EIA is unnecessary as it is a false means to measure environmental impacts because harm to the environment cannot be measured.

For instance, the quantified value of the clean air or clean water we lose as a result of a given course of action may not be assessed. Some harm can be measured in monetary terms, whereas others can be measured by using other parameters such as the benefits lost or the sacrifices we are willing to accept.

For more on assessing the economic values of environmental values or assets, see generally, Murray B. Rutherford et al. After all, currently, assessing most environmental harms in monetary values is not feasible. Indeed, it has been said that environmental harm caused by natural or anthropogenic factors are generally rectified by nature itself.

However, many current environmental problems are such that they are beyond the capacity of the nature to deal with either due to their type or magnitude, which, in turn, makes human intervention indispensable.

DAS, supra note 3, at Vig and Michael E. Kraft eds. In fact, as we will see in the next section, EIA is now widely accepted as a useful tool to protect the environment.

Literature Review EIA is a process that enables us to see what possible adverse changes might happen to the environment if a given course of action is adopted. Thus, it enables decision-makers to pay due attention to the needs of the environment, thereby facilitating environmental protection. Of course, the use of EIA does not necessarily eliminate actions that can have adverse impacts on the environment.

First, it cannot be used perfectly. Second, assuming that it can be used perfectly, it cannot avoid all harms to the environment because we do not know everything that the environment supports. VIG in Norman J. Kraft, Supra note 27, at 1- 4. In the Ethiopian context, government involvement in environmental regulation could be justified on additional grounds such as the absence of a developed market and the lack of environmental information in the hands of most consumers.

Thus, since we cannot assess the impact of a given course of action on something we do not know, one cannot say that a perfectly working system of EIA can spare every element of the environment from harm. Yet, once again, its proper use will certainly contribute to the reduction of harm to the environment or its elements. That is why nowadays the recognition and proper use of EIA is seen as vital for environmental protection. However, the mystery is the fact that, when used properly, EIA can make available to both developers and the national authorities relevant information on the possible impact of a given course of action on the environment to enable them to make decisions with full knowledge of their impacts.

Some people even argue that the duty to assess environmental impacts has become a part of customary law because considerable states practice exists as over countries have domestic EIA laws and many judicial decisions in many of these countries have also enforced the obligations to conduct EIA under these laws.

Moreover, such use of EIA is contrary to a number of democratic principles. For instance, public participation in the decision-making process is a generally accepted practice. However, if decisions affecting the environment are already made and EIA is done subsequently, public participation in such EIAs does not amount to participation in decision-making; rather, it amounts to commenting on the validity of the decisions.

This is clearly contrary to what is known as environmental democracy. Such use of the principle on the other hand hinges on the accountability of public authorities. That is to say, public authorities must use EIA and ensure that it is used in the decision-making process when required. Or, alternatively, it could be defined as a participatory and ecologically rational form of collective decision-making. At this juncture, it is interesting to note that not all writers believe that an ex post facto EIA is unnecessary.

In fact, some argue that an ex post facto EIA should be accepted. For instance, Michael Kidd argues that since one of the fundamental purposes of EIA is to provide for mitigation measures of environmental damage caused by an activity where necessary, an ex post facto EIA can serve this purpose and hence, it needs to be accepted.

However, although EIA leads to the adoption of mitigation measures, it is primarily a tool for making decision. Accordingly, an EIA that is made after a decision is already made can hardly serve this purpose. Thus, if FEPA puts this system in place and EIA is conducted in accordance with such system and its outcomes are considered when decisions are made, then EIA will make a better contribution to environmental protection in Ethiopia.

Accordingly, it could be concluded that although its express recognition is a recent phenomenon, the legal Simple Plywood Boat Build 01 requirement of EIA is now firmly established in our system of environmental law.

However, whether or not the system of EIA in Ethiopia is adequate both in law and in practice is yet to be seen. Perhaps, because it is a recent development and the area of 43 Unlike the US Constitution which does not specifically empower the US Congress to enact laws to protect the environment although the Congress has been making environmental laws under the Commerce Clause claiming that environmental quality may affect interstate trade, the constitutions of Ethiopia have been providing for express stipulations in relation to environmental protection.

Thus, the recognition of EIA may be inferred from these provisions. Thus, it may be argued that since environmental protection becomes effective only if EIA is conducted, then the two Constitutions impliedly recognized the principle of EIA. For example, article 92 2 of the FDRE Constitution states that the design and implementation of programmes and projects of development shall not damage or destroy the environment.

EIA is an inbuilt requirement here because without EIA, it will not be possible to know what programmes and projects of development will damage the environment.

Moreover, the little research that has been done so far is limited in many ways. While some of the research has been limited to a particular industry such as floriculture,48 other research has failed to consider the practice side of EIA particularly in the regional states. There is also research which generally deals with environmental law and policy in Ethiopia.

Likewise, on many issues, it contains scanty discussion. For instance, the work does not consider the practice of EIA in Ethiopia; it does not adequately deal with EIA at a strategic level in the country; it does not adequately analyze the legal and policy framework in Ethiopia to properly situate the system of EIA in Ethiopia, while some of the analyses seem to show misunderstanding; it does not deal with the consequences of failure to do EIA at all except mentioning few points by way of passing remark; and it also provides for little discussion on some relevant issues like public participation in the EIA process.

Therefore, there is still no work based on my efforts to find them that has adopted a holistic approach to most relevant issues relating to EIA in Ethiopia and addressed them as adequately as possible. This work is an attempt to do that. It will consider the most important issues in the field of EIA and try to deal with them as adequately as possible.

Probably, this will increase research activities in law schools in the field of environmental law in general and EIA in particular. Research Questions The main question this paper is devoted to answering is whether or not Ethiopia has an effective system of EIA.

Effectiveness will be examined not only in light of the existence of adequate legal regimes in the field such as laws and policies but also in light of their implementation on the ground.

Accordingly, the paper will, among others things, attempt to answer the following questions: Has Ethiopia put in place adequate system of EIA? Is this system of EIA used in practice? What are the mechanisms that have been put in place to ensure that EIA serves its intended purposes?

Are there consequences following failure to use EIA in the decision-making process, and, if so, have they ever been applied? What are the most important challenges to the effectiveness of the system of EIA in the country and how can they be overcome? Objective of the research The objective of my research has been to show clearly where the system of EIA stands in our legal system both in law and in practice with a view to filling the gaps in the existing literature in the field and making information on the subject-matter available to all interested bodies-government or individuals-for consumption.

Methods In order to answer the research question, I believe that the use of variety of research methods is relevant. Hence, I have relied upon, among others things, literature review, analysis of legal instruments, interviews, field observations, and comparison, whenever possible, between the system of EIA in Ethiopia and other countries.

Significance of the research The outcome of this research will be significant in many ways. For instance, as stated before, the currently available research works in the field of EIA in Ethiopia are not adequate. Second, the research will be informative to the public and the government about the status of EIA in Ethiopia and what needs to be done in the future to make the system of EIA more effective.

Hence, the outcome of the research may influence individual and government actions. Finally, the outcome of the research could be used by other researchers either as an input or an encouragement for further research in the field. Scope of the research As far as the consideration of legal framework is concerned, basically the laws, policies, guidelines and other documents of the federal government relating to EIA will be considered because of the predominance of federal jurisdiction over environmental protection and the lack of any such meaningful documents prepared at the regional level.

With respect to the practice, this research uses interviews, case EIA report comments, and case studies only for certain areas. First, due to practical limitations, the use of interviews to know the situation of EIA on the ground will be limited to some selected regions where basically regional environmental protection organs and regional investment bodies are approached.

Such consideration involves respecting their norms, non-disclosure of their identities and even changing their names and the dates on which information is obtained from them except for those individuals or groups who consent to the disclosure of their identities.

Organization of the paper This paper is organized in such a way that the first chapter introduces readers to EIA in general. It deals with the meaning, evolution, advantages and types of EIA. Then, the second chapter discusses what the legal framework for EIA looks like in Ethiopia. The third chapter analyzes the adequacy of the existing EIA legal framework in Ethiopia with a view to evaluating whether it is capable of making the system of EIA effective.

The fourth chapter deals with the institutional framework that is put in place to ensure the use of EIA to achieve the objective for which EIA is recognized.

Accordingly, both federal and regional organs with the responsibility to ensure the use of EIA in the decision-making processes will be discussed. In the fifth chapter, the institutions put in place to administer EIA will be evaluated. Once the available legal and institutional frameworks for the use of EIA are discussed and analyzed, the sixth chapter examines what the practice of using EIA is like at strategic and project levels.

Moreover, the chapter discusses the practice of public participation in the EIA process at both levels. Realizing that monitoring is necessary for the effectiveness of the system of EIA, chapter eight discusses issues of monitoring EIA in Ethiopia both in law and in practice.

It also considers the possible challenges to effective monitoring of EIA in the country. Chapter nine contains two parts. The first part deals with some of the most important challenges to the effectiveness of the system of EIA in Ethiopia.

This includes discussions on issues ranging from inadequacies in the existing legal framework to the low level of environmental education. The second part highlights the prospects that exist to make the system of EIA in Ethiopia better in the near future.

Finally, the paper will be concluded with some feasible recommendations. What then is EIA and how does it help us overcome or at least reduce the environmental problems we are now facing? EIA is understood in slightly different ways by different writers. For instance, some define it as a process of anticipating or establishing the changes in physical, ecological and socio- economic Simple Plywood Boat Build Editor components of the environment before, during and after an impending development project so that undesirable effects, if any, can be eliminated or mitigated.

See P. DAS, Supra note 3, at Although it did not claim many lives as such, the danger posed by the explosion of nuclear reactors at Fukushima Nuclear Plant in Japan in can also be mentioned. The explosion caused thousands to leave their residence and stay in temporary camps. On the other hand, the last two definitions provide for broader meaning of the concept as they conceive EIA as a process necessary not only for an impending development project but also for strategies or public instruments.

However, all the definitions share the element that EIA is a tool that enables decision-makers to take environmental issues into account. This is why EIA is said to be a means that authorities can employ to choose actions and make decisions with full knowledge of their impacts on the environment. In this regard, some scholars have indicated that the U.

Army Corps of Engineers had developed techniques and methodology for impact assessment as early as Peter Morris and Riki Therivel eds. Emphasis added. Merits of EIA Although EIA in its present form is a recent development, it has gained almost universal acceptance making one wonder why it has become so important to many legal systems. The answer lies in the merits the use of EIA has. Firstly, since EIA is a study conducted to determine the possible negative and positive impacts of an action, it enables decision-makers to choose actions with full knowledge of their impacts on the environment.

This means, EIA enables them to know actions that are likely to affect the environment and reject those that deserve rejection, or alternatively, formulate mechanisms for the reduction of their impacts on the environment. Secondly, EIA helps developers avoid possible litigation by ensuring that they do not undertake obviously environmentally harmful projects.

According to some writer, it is the undeniable benefits of EIA that has promoted developed countries to make it a mandatory requirement and caused developing country to play catch-up.

Aspects of EIA EIA can be used as a tool for making better environmental decisions at two levels, at the planning and project levels. Otherwise, different writers may provide for more specific tiers to use EIA.

For example, according Modak and Biswas, EIA can be used at policy level, plan level, and programme level, all of which form part of SEA, and finally at project level as a fourth tier. SEA is also defined as an analytical and participatory approach for mainstreaming and upstreaming environmental and social considerations in policies, plans and programs to influence decision-making and implementation processes at the strategic level.

This makes sense particularly when we see it in light of the principle of sustainable development because the consideration of other values while disregarding environmental values will only make development unsustainable.

This is why it is said that SEA represents a proactive approach to integrating environmental considerations into higher levels of decision making. In section 2 , NEPA requires all agencies of the Federal Government to do a detailed EIA for every recommendation or report on proposals for legislation and other major federal actions significantly affecting the quality of the human environment.

Moreover, instead of major federal project, the Act uses the term major federal action. On the other hand, the term action includes both projects and strategies. Accordingly, a programmatic assessment tends to be prepared for proposals that involve the development of a definite policy, plan, or program PPPs. In contrast, a strategic assessment tends to denote a scope of analysis that is one level higher than that of a programmatic assessment.

More to the point, a strategic assessment defines a high-level direction or strategy for a nation e. However, it should be noted that, in practice, the two concepts are similar.

After all, SEA gained acceptance in most countries partly because the advantages of project level EIA gained wide acceptance; hence, attention was not paid to SEA until recently. Lucie Press, According to Weiner, some of the reasons why many agencies do not do SEA include lack of ability or competence to do SEA, fear of opening up the policy-making process to the public and to litigation, belief that environmental laws enacted and patterned in part after NEPA provide for alternatives and environmental consequences to be examined from practice, difficulties in integrating the formal NEPA process with the iterative nature of planning and policy making, and lack of NEPA oversight and encouragement from the Executive Office of the President.

In this regard, Ethiopia and Kenya are mentioned as countries with a legal framework for SEA in place. AL, Supra note 78, at For example, some writers argue that in the past, EIA was not a legal requirement in most of the African countries; instead, most EIAs were conducted when projects were funded by foreign institutions such as the World Bank, which insisted on EIAs as a requirement of funding, or where project owners were foreign companies whose code of conduct required EIA.

Thus, EIAs were done due to external factors than the desire to protect the environment. Initially, it picked up in many developed countries in the s; then, it has found its way on to the developing countries although the adoption and application of SEA in the developing countries have been very slow due to financial and human resource constraints.

That is, when EIA emerged in many legal systems as a tool for decision-making, its use was limited to decisions pertaining to the implementation of projects. Anyway, project or lower level EIA refers to all EIAs that are done to predict the possible environmental impacts, be it positive or negative, of specific development projects.

That is, first, environmental values are considered and integrated into decision-making process at strategic level. Then, since projects emanating from those strategies may also pass through project level EIA, there is a second chance to examine the possible impacts of a project on the environment. It is important to note that since SEA can be general while project level EIA is project specific, a project level EIA is actually necessary to integrate environmental values into the decision-making process of a given developmental project.

Of course, SEA may face more political and institutional challenge than project level EIA even in developed nations because policy setting is a political issue. Thus, the fact that it is costly is obvious.

On the other hand, the cost of undertaking EIA becomes a real issue because resources are scarce. First, the cost of EIA is lower than the cost of dealing with environmental problems that could be avoided by using EIA. The other point is the fact that EIA can be done at various stages which, in turn, increases the cost of employing EIA as a tool for decision-making. For example, EIA may be done at both strategic and project levels.

Moreover, strategic EIA may be done at two levels, that is, when broad policies, plans or programs are considered and when more concrete or specific programs or plans which have physical and spatial reference are considered. EIA can be done at two levels, that is, at strategic and project levels. In the US, however, it can be done at three levels.

For example, under the CEQ rules, EIA may be done for an overall program or plan; for a program or plan of lesser scope; and, for a site-specific statement or analysis. Some argue that even if sometimes reversing environmental damage may be possible, the cost of such measure is often prohibitive.

See S. On the other hand, lower level EIA alone is not enough because the consideration of environmental values in the EIA process will be late. Therefore, it is necessary to have EIA at different stages because its costs are overshadowed by its benefits. Finally, it must be borne in mind that the cost of EIA at the project level is not, as we will see later on, necessarily covered by governments in many countries. Instead, project proponents are required to cover these costs.

For instance, as it has been happening in some countries, the number of consultants can be raised to increase competition among them with a view to bringing down the cost of EIA; or proponents may be required to employ local consultants, as opposed to international consultants, to reduce the cost of EIA whenever that is possible. In this sense, Ethiopia is not an exception. See the ratification status of the Convention on Biological Diversity.

The Charter recognizes the right to have a general satisfactory environment as a group right than as an individual right. All the same, such recognition of the right does not in any way alter the obligation of a state to take the necessary steps to enforce article 24 of the Charter. Article 92 4 of the Constitution stipulates that the government and citizens shall have the duty to protect the environment. Therefore, it could be argued that the proper implementation of these constitutional provisions largely depends on the use of EIA as a tool for decision-making whenever appropriate.

The Proclamation conceives of EIA procedure as multifunctional. In its preamble, it declares that EIA facilitates sustainable development, fosters the implementation of the right to clean and healthy environment, brings about administrative transparency and accountability, and enables the public to participate in the planning of and decision taken on developments which may affect them and the environment.

In its text, the Proclamation provides for a number of important stipulations pertaining to EIA which, if effectively put into practice, can actually facilitate sustainable development, foster the implementation of the right to clean and healthy environment, bring about administrative transparency and accountability, and enable the public to participate in the planning of and decision taken on developments which may affect them and the environment.

Although most of the important stipulations of the EIA Proclamation will be dealt with in more details elsewhere in this paper, the following paragraphs will provide the highlights of some of them. First, the Proclamation recognizes EIA as a tool applicable to both strategies and projects. As prior discussions have shown, the two generations of EIA emerged in many countries at different times. However, the use of EIA as early as possible, that is, at strategic level, is advisable than using it only at project level for limiting its use to projects will make the Actually, there was a de facto EIA in Ethiopia even before the enactment of the EIA Proclamation because a few land developers, including government owned agencies, were doing EIA and approaching FEPA to review their EIAs.

Moreover, the previous investment law, to be seen later on, required applicants for investment permits to observe environmental protection requirements which were pushing them to use EIA under certain circumstances. In this regard, first, article 2 3 of the Proclamation defines EIA broadly as the methodology of identifying and evaluating in advance any effect, be it positive or negative, which results from the implementation of a proposed project or public instrument.

Similarly, the inclusion of the expression public instrument, which refers to a policy, a strategy, a program, a law or an international agreement, in the definition of EIA shows the recognition of SEA in our system of environmental law. Thus, for example, if Ethiopia has a plan to implement a new city master plan, the approval of the plan should be preceded by SEA provided, of course, that it is subject to EIA.

Article 6 4 of the Environmental Protection Organs Establishment Proclamation also imposes on FEPA the duty to establish a system for EIA of public and private projects as well as for social and economic development policies, strategies, laws, and programmes.

In order to determine which action should be listed as subject to EIA and which should not be, FEPA must consider the possible consequences impacts of the action on the environment. For a project, this can be done by taking into account, as stipulated under article 4 of the EIA Proclamation, the size, location, nature, cumulative effect with other concurrent impacts or phenomena, trans-regional effect, duration, reversibility or irreversibility or other related effects of a project.

If FEPA or a Regional Environmental Agency REA faces a project that has both beneficial and detrimental effects but which, on balance, is only slightly or arguably beneficial, it should err on the side of caution. Third, if a project is included in the directives to be issued by FEPA under the Proclamation as a project requiring prior EIA, then its implementation can only begin under two circumstances.

Thus, it is not clear why and how REA is here required to err on the side of caution. Second, it can be implemented if the relevant environmental protection organ issues authorization even if EIA is not done believing that the project will not have significant impact on the environment. In default of these two situations, the implementation of a project will be contrary to the stipulation of the EIA Proclamation.

Fourth, the EIA Proclamation imposes on any licensing agency the obligation to ensure that an environmental permit or environmental clearance certificate ECC is obtained for a project subject to EIA before issuing an investment permit or a trade or an operating license for any project.

For instance, in order to issue investment permit to a foreign investor, the Ethiopia Investment Agency must ensure that the applicant meets the minimum capital requirement and other conditions recognized under investment laws unless the investor is relieved of them due to the nature of the investment he will undertake. Fifth, the Proclamation imposes the duty to do EIA on proponents.

Thus, it is up to proponents, not government organs, to use experts and do EIA to produce reports. This obligation of proponents extends to revising the environmental impact study that is already submitted to the relevant environmental protection organ or even redoing EIA, if an As we will see later on, licensing agencies include Investment Bureaus and Trade and Industry Bureaus. Seventh, the EIA Proclamation recognizes the relevance of public participation in the EIA process and demands that the public is engaged in the process.

Hence, the public must be involved in the EIA process both when EIAs are done by proponents and when their reports are evaluated by the relevant environmental protection organs. In this sense, therefore, the EIA Proclamation could be taken as one of the laws aiming at enforcing the constitutional provision on public participation See the FDRE Constitution, article Ninth, in order to make environmental protection more effective through the use of EIA, the Proclamation obliges environmental protection organs to provide incentives to projects not public instruments, though that are destined to rehabilitate a degraded environment or prevent pollution or clean up environmental pollution.

The incentives include technical and financial support. However, the Proclamation makes the provision of incentives to such projects contingent upon the capacity of environmental protection organs. Tenth, after providing for a number of important stipulations, the EIA Proclamation provides for the pecuniary penalty those who violate its provisions and other laws pertaining to EIA will have to face although such penalty, as we will see in subsequent chapter, applies only to proponents of private projects.

This is so because the provisions of the Proclamation are too general to render themselves applicable without being assisted by subsidiary laws. Moreover, it contains a number of important stipulations which aim at making the system of EIA work effectively and produce its intended results.

In light of these stipulations, therefore, it would not amount to exaggeration if one argues that the EIA Proclamation is a fundamental law on EIA in Ethiopia. Andreen, Supra note 35, at Moreover, if EIA is done by a neutral person, it can secure public confidence in the system of EIA and also win public support for the proposed action, whereas biased EIA leads to loss of public confidence in the system and support for the proposed action.

This being the case, then, the point worth considering is the approaches that countries have adopted to resolve this issue. Generally, one can identify at least two approaches to the organs that are responsible for doing EIA. First, some countries have opted to give the responsibility to do EIA to government organs. For example, in the USA, the duty to conduct an environmental impact study EIS is imposed on federal agencies, not proponents unless the agencies themselves are the proponents.

Moreover, Squillace argues that most rational persons will necessarily be greatly cynical about the impartiality of an EIS prepared by a proponent or its hired consultant. However, it is argued that the conflict that an agency faces is less significant than the one that a private proponent faces because the agency lacks financial interest in the outcome of an action for which an EIS is required.

Moreover, it is argued that the problem of neutrality of an agency that does EIS for its own actions could be eased by making environmental office give technical assistance and advice to the agency during EIS.

On the other side of the fence, one can also argue that mission-oriented government organs may at times be in dilemma since they have conflicting interests. On the one hand, the agencies have to ensure that their missions are accomplished by creating conducive environment such as by easing conditions for investment in their sectors.

On the other hand, they have to ensure that the environment is protected by ensuring that EIA is used properly. This means, when there is a tension between the two goals, they have to strike a balance, whereas, under such circumstances, these agencies may not be less likely to do the right thing than the private proponents.

In other words, the agencies may not actually be lesser evils as the above discussion has tried to portray them. Speaking particularly from the perspective of developing or the least developed countries, government organs may not be that independent or sensitive to the environment than they are to the achievement of their primary objectives such as increasing investment activities.

This is exactly what the practice in Ethiopia reveals See William L. Thus, although the approach that favors entrusting the responsibility to do EIA to government organs may be good for various reasons, it has also its own drawback. Thus, if proponents use consultants, the responsibility of proponents is to ensure that the EIA is properly done in accordance with the legislation and regulations because they are the once to be held liable in the end.

Instead, it is required to appoint an independent consultant who will conduct an EIA on its behalf. After all, consultants are business persons and it is hard to conclude that they will not be lenient when they prepare EIAs.

If consultants were to be paid by the government, whosoever covers the cost, upon selection based on competition, it would be likely that they will be independent. Of course, dangers of influence from government organs are still there but it seems that this is a lesser evil. On the other hand, there can be an argument supporting the second approach. For instance, it could be said that private proponents can produce better EIAs because their reports could be scrutinized in particular in countries where there are public hearings on EIAs or where third persons do have the right to challenge the adequacy of EIAs.

Hence, the problem of lack of neutrality may be reduced. Nevertheless, there is doubt, in many cases, about the actual usefulness of the TOR that is issued by the government. See Alan Gilpin, Supra note , at It is said that a proponent of an action can be made to bear the cost that the government incurs when it prepares an EIS.

Further, it states that while implementing a project, a proponent shall fulfill the terms and condition of authorization, whereas failure to do so may lead to the suspension or cancellation of a license to implement it.

For instance, in Cameroon the cost of EIA is born by developers. In Zambia, sixty-nine percent of EIAs have been commissioned by government and they are usually funded by donor organizations. In Nigeria and the US, the cost is borne by the government. However, once again, in developing and the least developed countries, there is no guarantee that governments will not exert undue influence on the consultants they retain or hire.

Here, any authorizing or licensing agency is obliged to suspend or cancel the license it may have issued in favor of a project if such suspension or stoppage is requested by FEPA or REAs. For instance, South Africa requires the appointment of an independent consultant who will conduct an EIA on Simple Plywood Boat Build Queue behalf of a proponent.

Moreover, the Guidelines define consulting firm as an institution that can command the required qualified professional working group that has demonstrated the ability to undertake environmental assessment, and meets the requirements specified under the relevant law. Thus, a proponent must use a group of experts a consulting firm to do EIA and prepare an EIS report to be submitted to the relevant environmental protection organs.

Of course, this does not mean that they cannot use consultants. However, if proponents use consultants, they must, as discussed before, ensure that these consultants do EIA properly in accordance with the EIA regulations because if they fail to do so they will be liable in the end. This is what the practices of some proponents show, as we will see later on.

For instance, one expert like a zoologist may do EIA in relation to the impact of a given project on the animals living in a project site. The question then is whether or not we do have consultants in Ethiopia at the moment. If the answer is in the affirmative, the issue of their certification and registration as envisaged by the EIA Proclamation remains to be seen because FEPA has not yet issued directives in accordance with which consultants will be certified and registered.

At the federal level, there are consultants who are registered and licensed to do EIA. Some of these consultants were certified and licensed by FEPA, others were certified and licensed by Ethiopian Management Institute, whereas there are still EIA consultants who were licensed by other organs like the Bureau of Trade and Industry.

In the process of writing this paper, I interviewed Ato Solomon Kebede on different days and in different capacities. It is very interesting to note that in some regions like Oromia and Tigray, REAs are not aware of the presence of consultants licensed to do EIA in their respective regions. Therefore, it may be safely argued that although they may not be present in all our regions, there are consultants in the country who are licensed to do EIA for proponents.

The next point worth considering, therefore, pertains to the manner in which those consultants obtained their licenses because they are required to be certified before they are given licenses.

In the absence of such directives that is expected to provide for clear certification and licensing procedures, it would not be possible to certify and license consultants because no one knows what the requirements of such certification and licensing are.

On the other hand, the failure of FEPA, for a decade since the duty to issue certification and licensing directives was imposed on it by the EIA Proclamation, has created a number of problems some of which are discussed below.

For example, it is not clear whether consultants should agree to engage the public in the EIA process when they do EIA and if they should also agree to declare that they lack a vested interest in a project for which they do EIA.

If we see the EIA this consultant produced for the project, we can realize that the firm actually commands some professionals to conduct EIA. Seyoum Leta geology , and Gary Fufa Engineer. Thus, it is possible to say that the firm commands some experts to do EIA for projects. However, if the above are the only experts the firm commands, then, it cannot be taken as an appropriate firm to do a comprehensive EIA for projects like that Habasha Cement Factory.

For instance, the firm lacks professionals in fields like psychology, hydrology, environment, politics, and law. Of course, the firm can always hire the necessary experts only for EIAs for some projects. Hence, it does not have to have permanent employees in all kinds of fields. Of course, the EIA for the Habasha Cement does not indicate that experts other than the ones mentioned here were involved, which, in turn, shows that the report is incomplete when it is viewed from the perspectives of other fields.

They obviously have pecuniary interest in the project. Hence, it is likely that they will prepare an EIA which favors the implementation of the project. These licenses give their respective holders different rights.

In like manner, we can have a law providing for the types of licenses EIA consultants can obtain. It does not say anything in relation to who can certify and license these consultants.

There is nothing that prevents REAs from certifying and licensing consultants although they have not been doing so thus far. For instance, although there have been some requests for certification and license, the Tigray Regional State REA TREA has been declining to accept such requests because it was not sure that it could do so; in the future, however, it has a plan to certify and issue consultancy license to EIA consultants because TREA made a discussion with FEPA on the matter and realized that FEPA is now certifying some consultants although there are no guidelines or directives on the matter.

For instance, these organs which are now certifying and licensing consultants must be clear about what they have to consider to certify and license consultants. In this regard, FEPA considers, for example, whether applicants have professionals like engineer, sociologist, economist, and biologists to effectively do EIA before certifying and licensing them.

If FEPA issues the required directives, they might address these and other relevant issues. Of course, practice shows that there are proponents like the Ethiopian Electric Power Corporation, as we will see later on, that have been using foreign consultants to do their EIAs. Sixth, individuals who are experts in a given area may want to be certified and given license to do EIA only in relation to their areas of expertise.

For example, a zoologist may want to obtain license to do EIA only in relation to the impact of a given project on animals. Finally, once a license is issued, it has to be renewed like any other licenses. Related to this are the factors that have to be considered in order to renew the licenses of EIA consultants.

For instance, should a consultant maintain its initial staff profile or upgrade or increase them to have its license renewed?

On the other hand, there is no indication about when they may be finalized. In fact, some individuals in the FEPA claim, as we will see later on, that they do not need approval by the Environmental Council and, hence, they are operative.

That is, however, not the case for various reasons. First, although they are being used, as we will see later on, the guidelines are still at a draft stage because the body that was expected to approve the guidelines, that is, the Environmental Council, was not constituted at the time the guidelines were prepared and it has not approved them even after its establishment.

Second, they are not comprehensive. For example, the level of education of experts consulting firms must employ is not regulated. Issues relating to area certification are not dealt with. Questions pertaining to the organ that is competent to certify and license consultants are not addressed.

Third, directives are more observed than guidelines because they are law whereas guidelines are more like best practices aiming to guide decision-making. This shows that there is no universal rule for the determination of actions that are subject to EIA. The second category includes projects that require EIS due to their size or impact.

Thus, they are subject to preliminary assessment which may lead to either finding of significant impact or finding of no significant impact. For instance, the Asian Development Bank categorizes projects into three parts, that is, projects which have significant environmental impacts, projects which have significant environmental impacts but of lesser degree as compared to the first, and those projects which are unlikely to have adverse impacts on the environment, whereby the first category are subject to full EIA and the second category are subject to Initial Environmental Examination, and the third are excluded from EIA.

However, the EIA Proclamation does not provide for a list of actions subject to EIA; nor are there any regulations which provide for such actions. For instance, the Council of Ministers is mandated to issue regulations providing for investment incentives and investment areas reserved for domestic investors to implement the provisions of the Investment Proclamation No. Further, it enjoins FEPA to err on the side of caution while determining the negative impact of a project having both beneficial and detrimental effects, but which, on balance, is only slightly or arguably beneficial.

These directives provide for some projects which are subject to full EIA. Mine explorations that is subject to federal government permit; 2. Dam and reservoir construction dam height 15m or more, reservoir storage capacity 3 million m3 or more, or power generation capacity 10MW or more ; 3.

Irrigation development irrigated area of ha or more ; 4. Railway construction; 6. Taking fish from lakes on a commercial scale; 7. Textile factory; 9. Tannery; Sugar refinery; Cement factory; Construction of urban and industrial waste disposal facility; Paper factory; Hospital construction; Basic chemicals and chemical products manufacturing factory; Any project planned to be implemented in or near areas designated as protected; Metallurgical factory with a daily production capacity of equal or more than 24, Kg; Airport construction; Installation for the storage of petroleum products with a capacity of 25, litres or more; Condominium construction; and, Establishment of industrial zone.

For instance, Schedule I contains some agricultural, forestry, and fisheries activities, wildlife, tourism and recreational development, energy industry, petroleum industry, textile industry, wood, pulp and paper industries, public instruments, and all projects in environmentally sensitive areas irrespective of their nature.

Schedule II contains small-scale activities and enterprises such as fish culture, bee-keeping, small animal husbandry, horticulture and floriculture. However, it must be noted that neither of them was approved by the Environmental Council.

Thus, the Guidelines were replaced before they were approved and the Guidelines are still at draft stage. However, the truth is that FEPA cannot discharge this duty only by issuing Guidelines specifying actions including public instruments that are subject to EIA. First, the controlling version that is, the Amharic version of the EIA Proclamation requires the issuance of directives, not Guidelines, to determine actions projects and public instruments that should be subject to EIA.

Thus, the use of Guidelines under article 13 2 seems an oversight. Third, since the Proclamation requires directives to list projects that are subject to EIA, there is no reason to demand a different document for the determination of public instruments that are subject to EIA.

Nevertheless, the fact that the Guidelines do have some major problems makes such a conclusion less tenable. Of course, while some of the REAs use the Guidelines without knowing that they are still at draft stage, others use them knowing that they are at draft stage because they do not have any other option and also because FEPA itself is using them as though they were approved.

Therefore, in this paper, I will also use or quote the FEPA Guidelines as though they were approved because they are either de facto operative or adapted by some REAs and hence made operational. Hence, it is possible to have EIA done or a system of EIA work in Ethiopia while the possibility will be higher if licensing organs also know about the existence of these Guidelines and require those who seek licenses from them to produce ECC from the relevant environmental protection organs to issue license when EIA is required by the Guidelines.

Pre-screening and Screening Pre-screening is not normally taken as a part or a stage in the EIA process. Third, licensing organs are not required, as we will see in chapter six, by laws other than the EIA Proclamation to require ECC as a condition to issue license.

However, as subsequent discussion will reveal, some licensing organs have been forcing applicants to observe the Guidelines in order to obtain licenses. For example, SEA would involve screening, scoping, prediction, consultation, public participation, mitigation of impacts, and monitoring.

It is a step after the EIA process is completed but very important for the effectiveness of EIA since it is at this stage that authorities try to ensure that the commitments made by or obligations imposed on proponents are in fact observed. Moreover, one can mention practices which show that there are proponents consultants who actually adhere to this stage. For example, in the EIA report for the Habasha Cement Share Company, there is an indication that pre-screening consultation was held as the report states that contacts and discussions with resourceful persons were made to get insight about the existing regulatory and institutional arrangements governing cement industry in Ethiopia in general and in Oromia Regional State in particular.

Thus, as the EIA Guidelines envisage, contact was established between and discussions were made by the proponents of Habasha Cement Factory and the concerned bodies such as FEPA and OREA officials in order to create understanding on how best to proceed with the project.

See Section 1. In practice, these two approaches are not always strictly applied, but a mixture of both is used in some instances. The required information must be clear and detailed, describing actions, criteria, thresholds, and screening procedures.

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