The term of Reference (TOR) is formed during the scoping process. Depending on the EIA system in each country, TOR may be developed exclusively for the project or a general set of guidelines that apply to all the projects in a sector. A TOR could be designed with the following questions in mind.
- The purpose of the study/project.
- The extent of the study.
- The stakeholders’ requirements; each stakeholder looks at different aspects of the project differently. Complex information needs to be explained appropriately.
The below snapshot is an example of writing a general TOR for conducting the EIA study.
Title: Term of Reference for the Preparation of Environmental Impact Assessment
- Background
This section provides a brief description of the proposed project including the objectives, justifications, and proponents of the proposed project. - The objective of the consultancy
This section provides the overall or specific objectives of the consultancy which could include the followings:
– To carry out Environmental Screening to identify and assess potential positive and adverse environmental impacts, as well as environmental settings for detailed investigations, and recommend further Environmental assessment, including direct and indirect impacts in terms of magnitude, extent, and duration, that may be expected to occur because of the Project.
– To carry out a project site visit to collect primary data and review all available relevant secondary data to establish a comprehensive environmental baseline (including physical, biological, social, cultural, and economic environments).
– To develop proposed measures to avoid, reduce, mitigate, manage, and/or compensate for such impacts, including the institutional arrangements and required capacity for the implementation of all such measures and monitor their effectiveness and suggest changes to the arrangements as well as capacity strengthening measures, if necessary.
– To identify and carry out a comparative analysis on “Project Alternative Analysis” with or without a project in terms of project location, project design, technology, and construction methodology to avoid, minimize or reduce environmental risks associated with site locations and propose potential opportunities and design appropriate measures to minimize environmental impacts and maximize complementary environmental and enhancement measures of the Project.
– To conduct a public consultation process that ensures that people and other stakeholders affected by the Project are informed about the Project and its possible impacts, as well as offering the opportunity for them to share their opinions and feedback to input into the environmental assessment, planning, design studies, and their implementation.
– To document all of the above mitigation and development interventions in appropriate forms and formats to be further discussed and agreed upon with relevant stakeholders. - Scope of Work
This section lists the tasks to be undertaken to achieve the defined objectives such as:
Task 1: Screening, scoping, and TOR
– Carry out site-specific environmental impact assessment/screening by visiting each potential site/project area together with the consultant team, and in consultation with local communities to identify key social and environmental features, issues, and risks in the project area relevant to the project, to map out the alternatives from the site perspective, and to determine the level, extent, and type of environmental investigation needed.
– Review the environmental screening and initial alternatives analysis sections of the feasibility reports and provide an independent assessment of the adequacy of consideration of environmental aspects in the selection of the preferred road and bridge improvement alternative.
– Carry out scoping of the detailed environmental assessment and planning studies to be undertaken. Based on this, prepare (i) Scoping report including a detailed work plan for carrying out further assessments and studies as required, and (ii) EIA TOR based on the issues identified during the scoping process.
– Disclose the draft Scoping and detailed TOR documents, and carry out consultations with stakeholders on the draft TORs/ documents.
– Finalize Scoping and TOR documents based on feedback received from stakeholder consultations.
Task 2. Detailed Environmental Impact Assessments and Planning Studies
The overall objectives of the EIA study are to:
– Collect baseline data on environmental conditions within the project influence/ impact area.
– Identify environmental risks and impacts in terms of magnitude, extent, and duration that may be expected to occur during the construction and operation phases.
– Identify the critical environmental problems that require further studies and/or monitoring.
– Carry out and document alternative analyses.
– Suggest mitigation measures for the adverse impacts and enhancement measures for the beneficial impacts.
– Develop an Environmental Management and Monitoring Plan, including site-specific Environmental Management Plan(s) (EMPs) as appropriate.
– Assess the institutional arrangements and capacity for the implementation of Environmental Management and Monitoring Plans, and suggest changes to the arrangements as well as capacity strengthening measures, if necessary.
– Develop an information dissemination and consultation strategy for implementing the environmental mitigations and enhancement measures during project implementation
– Publish public notice for EIA purposes as may be required.
– Consult and inform the project-affected people, parties, and other stakeholders, and ensure active people’s participation.
– Provide advice to decision-makers regarding the environmental implications of the project.
The EIA should cover at minimum the following:
a. Full environmental baseline assessment that based on the result of scoping, should include the following:
+ Physical environment: climate, climate variability, climate change, air quality, water resources(surface and groundwater), geology, geomorphology, soil quality, and risk of natural disasters;
+ Biological conditions: biodiversity (including rare, endangered, and endemic biodiversity components), and biological resources of cultural, social, or economic importance;
+ Socio-economic conditions: consider the aspects that depend on environmental changes (public health; vulnerability to disasters; vulnerability to increasing climate variability and the expected effects of climate change; access to natural resources and associated conflicts), those that can produce environmental impacts, and, more broadly, the socio-economic conditions that might be affected by the project and are not considered in other studies at the formulation stage;
b. Environmental alternatives analysis, including (a) a summary of the analysis of upgrading options carried out during the feasibility stage, (b) a summary of additional adjustments to design to minimize environmental risks and impacts carried out during detailed design studies; (c) alternatives for construction techniques/timing and technology selection, and (d) the “no project” alternative. Alternatives shall be compared in terms of potential environmental impacts; expected capital and recurring costs for mitigation and/or management of impacts (including training and monitoring aspects), economic and social benefits of each option, and social acceptability;
c. Overview of the environmental legal and regulatory framework including the obligations, legislation, regulations, plans, standards, and norms at the local, national, or international level applying to the proposed project;
d. Impact identification and evaluation
Identification of significant potential environmental impacts (direct and indirect) that include the magnitude and frequency of potential impacts on the environmental setting resulting from the construction, operation, and closure of the proposed project and its alternatives. Factors such as the sensitivity of the environment, the legislative framework, the pressures resulting from the project, and the expectations of stakeholders should be taken into consideration;
e. Mitigation measures
Proposed mitigation measures to enhance positive effects, and to eliminate/mitigate/compensate for undesired effects. These measures must be technically feasible, economically sound, and socially acceptable. It should also include the identification and assessment of the residual impacts, the final impact after the application of the proposed mitigation measures so that the alternatives could be compared and recommendations be made on the best alternative;
f. Conclusions and recommendation
It presents a clear statement of the conclusions and recommendations on actions to be taken to ensure that environmental issues are adequately addressed in subsequent project preparation, implementation, monitoring, and evaluation phases
g. Environmental Management Plan (EMP) based on the findings of the impact assessment and feedback from public consultations. For each impact identified, feasible and cost-effective mitigation measures should be proposed to reduce potentially significant adverse environmental impacts to acceptable levels. The capital and recurrent costs of the measures, and institutional, training, and monitoring requirements to effectively implement these measures shall be determined. The EMPshall also outlines different environmental enhancements including landscaping around the proposed project, considerations to aesthetical appeal, provision pathways for species, greening of the area, and development of cultural properties or improving access. In addition, the EMP should identify the need for further environmental studies or detailed plans for issues that cannot be fully dealt with during the project preparation stage but should be undertaken during project implementation. The EMP should be divided into two sections:
+ A “project owner’s” version containing the comprehensive set of mitigation, management, and monitoring measures, requirements, and institutional responsibilities for both construction and operation stages to fully address all identified impacts, and
+ A series of Site-Specific Environmental Management Plans (EMPs) tailored specifically for construction contractors for each of the bid packages, developed to be directly annexable to bidding documents and contracts. - Reporting
This section describes the reporting requirement for different tasks defined in the scope of work. - Work plan
This section describes the schedule required to completely carry out the tasks defined in the scope of work. - Consultant requirement
This section describes the schedule required to completely carry out the tasks defined in the scope of work. - Contractual agreement
This section describes the arrangement for the contract between the Consultant and Project owner. - Appendixes
This section provides some technical references for the Consultant team that include the following but are not limited to:
a. Structure of scoping report.
b.Structure of EIA report.
c.Structure of Environmental Management Plan (EMP)
d.Structure of public consultation plan.
e. The standard layout of any supporting documentation such as a map, figure, or chart is to be used in the reports.
f. Standard writing of all references for the reports.
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Hope this brief could enlighten some of us in preparing a TOR for the EIA study.
References:
1. EIA Methodologies, Guntur, K., retrieved online from: http://khitguntur.ac.in/civilmat/EIAM/UNIT-2.pdf
2. Generic Term of Reference (ToR) for Consulting Service for Environmental Impact Assessment (EIA), retrieved online from: https://oldweb.lged.gov.bd/UploadedDocument/DownloadFileGallery/51/SupRB-EIA%20ToR-FInal.pdf
3. Terms of References (TORs) for EIAs, International Institute for Sustainable Development (IISD), retrieved online from: https://www.iisd.org/learning/eia/wp-content/uploads/2016/05/TOR.pdf
4. Term of references for an Environmental Impact Assessment, retrieved online from: https://europa.eu/capacity4dev/file/29941/download?token=crbpG2yd
By: Hendra WINASTU, SOLEN Principal Associate – IPC panel coordinator
Edited by: Moe Thazin Shwe, SOLEN Research Associate – IPC panel member
Date: 16 May 2023
Article#: SOLEN-IPC-0018
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