Model EIA Terms-of-Reference

1.  INTRODUCTION

(Name of developer) requests proposals from qualified consultants to carry out an EIA for the (name of project) in accordance with the requirements of Malawi's EIA process. (Name of developer) intends that this project will incorporate all practical, cost-effective measures for avoiding or minimizing negative environmental impacts, for capturing environmental benefits and, overall, for ensuring sound environmental management. Thus, the purpose of the study is twofold:

1. To provide (developer's name) with advice on how the project design or plan may be changed or adapted to avoid or mitigate negative impacts and to better capture anticipated environmental benefits; and
2. To prepare an EIA acceptable to the Director of Environmental Affairs.

(The developer, the project proposal and its stage in the project cycle are described in general terms.)

(lee project proposal and any alternatives being considered are described in sufficient detail to inform the preparation of a study proposal. Available background reports and studies concerning the project and its environmental setting are summarized to provide an indication of the kinds of information available for the study. Project-related policy, legislation, regulations and rules are outlined, as well as planning and implementation approvals which will be needed from central and local government authorities. If it exists, the developer 's corporate environmental policy is included.)

3.  ENVIRONMENTAL CONCERNS TO BE ADDRESSED IN THE EIA

In Consultation with the Director of Environmental Affairs, the following biophysical, resource use and socioeconomic concerns were identified as the key issues to be addressed in the EIA  (The agreed upon concerns are listed.)

While the study is to be focused on the above issues, the consultant may, in the course of his work, identify further concerns which should be addressed. These will be brought to the immediate attention of (developer's name) for consideration and possible inclusion in the study after consultation with the Director of Environmental Affairs.

4.  ENVIRONMENTAL MANAGEMENT

The consultant will pay particular attention to identifying and recommending measures or practices for avoiding, mitigating or managing negative impacts of the project, and for capturing or enhancing potential environmental benefits. As potential measures or practices begin to be identified, the consultant will bring them to (developer's name)'s attention for possible inclusion in the project plan.

In particular, the consultant will prepare an environmental management plan forge construction, operation and decommissioning of the project. The consultant will estimate the costs of implementing this plan, including all capital, operating and training costs.

5.  RELATIONSHIP OF EIA TO PROJECT PLANNING AND DESIGN

To maximize the opportunity for good environmental planning and design of the project, the consultant will work closely with (developer's name)'s engineering team. As appropriate, the consultant will offer suggestions on how the project design or plan may be changed to improve its environmental performance. Any changes accepted by (developer's name) will be incorporated into the project plan and will revise the basis upon which the consultant forecasts impacts and recommends environmental management measures, practices and costs.

6.  PUBLIC CONSULTATION

(Developer's name) intends that all concerned public and private stake-holder in the project have adequate input to its planning and design, and that the project will be well-received by them. Thus, in addition to the usual government liaison, the consultant will propose an adequate programme of consulting the public during the EIA. The purpose of the programme will be to assist (developer's name) to both inform all interested parties about the project and solicit their views about it. Specifically, the consultant will propose an effective, comprehensive public consultation strategy which includes at least its objectives, an initial list of stake-holder or audiences to be consulted, methods for reaching these stakeholder/audiences, the scheduling of consultation activities, and how the consultation efforts will be analyzed. In devising a public consultation programme, the consultant will pay close attention to the guidance provided in the Guidelines for Environmental Impact Assessment (Appendix G) published by the Environmental Affairs Department

7.  CONTENT OF THE EIA REPORT

At minimum, the ELA report produced by the consultant will contain the information outlined in the Department's Environmental Impact Assessment (Appendix C). The consultant will ensure that the report can be readily evaluated against the Department's review criteria (Appendix H of the guidelines)

8.  REPORTING REQUIREMENTS

The consultant will submit monthly progress reports on the work to (developer's name). 

The consultant will submit (number) copies of the draft EIA report to (developer's name) within (number) weeks of signing the study contract. When (developer's name) has reviewed the report and the consultant has made any mutually agreed upon changes, the consultant will submit (number) copies of the final draft report to (developer's name). (Developer's name) will submit the desired number of copies to the Director of Environmental Affairs.

The consultant will make himself available for subsequent discussions about the EIA report with the Environmental Affairs Department and Technical Committee for the Environment. He will make any additions, clarifications or changes to the EIA Report agreed upon by both (developer's name) and the Director of Environmental Affairs.

9.  EIA TEAM MEMBERS

The consultant and team members should be recognized by the Minister. At the same time, the consultant is expected to meet the EIA quality standards expected by the Director of Environmental Affairs as outlined in Appendix H of the Guidelines for Environmental Impact Assessment. 

10.  CONSULTANT PROPOSAL

The consultant will submit a technical and cost proposal in response to these terms-of-reference to (name and address of developer's representative) by (time and date). The technical proposal will describe the proposed overall study strategy and detailed work-plan of the specific tasks to be undertaken, the study team members and their qualifications and responsibilities, the time schedule for carrying out the work, and the expected outputs. It will include evidence that the consultant, through past experience and training, is qualified to carry out the work to the satisfaction of (developer's name) and the Director of Environmental Affairs. Curriculum vitae of all principal team members are to be submitted.

The cost proposal will be based on daily fee rates for each team member and the number of days they will be involved. Proposed field subsistence rates will be given and reimbursable expenses will be estimated. All expenses will be billed at cost.