Background

Environmental Assessments have become an integral tool for inculcating environment policy provisions in decision-making for programme/project management in sustainable development.  In correspondence to the international standards of good practice, the Government of Swaziland (GOS) integrated the essential element of Environmental Impacts Assessment (EIA) through the Environmental Audit, Assessment and Review Regulations (EAARR) of 2000. The GOS assigned the Swaziland Environment Authority (SEA) with the mandate for environment management through policy and legislations as well as ensuring compliance to the decisions that have been made for monitoring through the Environment Management Act (EMA) and the EAARR. This is mainly to facilitate the achievement of the development targets for the country which are illustrated through the National Development Strategy Vision 2022, Economic Recovery Strategy (2012) and the Investor Road Map, without compromising the potential of the natural capital. In addition, significant national investments in particular with developments in the water, health and infrastructure and agriculture sectors that require strategic approach to impacts’ assessments given sustainability that has socio-economic considerations.

Although the issue of EIAs and Environmental Audits in the country is provided for in the EAARR, there are gaps posing challenges to the implementation and enforcement of the Regulatory Framework. Notable considerations include: project classification which issue comprises inadequacy in the determination of scales (small, medium or large) and factors associated with bridging considerations between the various categories to inform decision and mitigation actions, and; sector-specific cumulative impacts for projects, namely climate change, emergency, man-made and natural disasters, vulnerabilities and associated risks. In addition, the administration of the regulatory instruments require guidance for activity scheduling and evaluation as aligned to the Swaziland Government 2012 Investor Road Map. Institutional ability to manage the EA process is equally important indicating the need to strengthen the development proponents’ and practitioners’ capacities. In addition, with emerging large and long-term investments being undertaken in the country, the Strategic Impact Assessment (Str EA) is becoming a critical component of the EA process in the Regulatory framework, requiring integration.

It is in this regard that the Swaziland Environment Authority (SEA) is seeking technical services of an International Consultant to conduct a comprehensive review of the Environmental Audit, Assessment and Review Regulations of 2000 through an inclusive public process to inform and produce a Regulatory Instrument for adoption under the Environment Management Act (EMA).

Duties and Responsibilities

Under the supervision of the Director of Environmental Assessment & Compliance and the Head - EIA Swaziland Environmental Authority, the consultant will:

  • Review of International, Regional and National Strategic Environment and Auditing Assessment Instruments, Guidelines and Regulations, in particular as informed by the Environment Management Act of 2002;
  • Explore modalities of possible improvements taking on board progressive areas and consideration trends to improve the Environmental Audit, Assessment and Review Regulations of 2000 and in ensuring strategic integration of socio-economic issues;
  • Conduct consultations with national stakeholders, in particular the Swaziland Environment Authority (SEA), the government line ministries, development proponents/private sector, financial institutions, practitioners of the impact assessments and where possible vulnerable interested and affected groups to inform the process;
  • Make recommendations to the Environmental Audit, Assessment and Review Regulations (2000), adopting International and Regional standards with specific national situational considerations;
  • Review the standing Regulations for 2000 and produce the Environmental Audit, Assessment and Review Regulations, 2015 and other pertinent instruments, where necessary.

Deliverables:

The  review of the Environmental Audit, Assessment and Review Regulations for 2000 consultancy will have the following outputs:

  • An inception report (maximum 10 pages) highlighting the methodology to be used in undertaking the assignment and a proposed timeline of activities in line with the contractual deliverables within two (2) weeks of the start of the assignment;
  • A draft report of the consultations identifying key issues highlighted during the meetings discussions;
  • A draft report addressing the TOR and capturing sentiments expressed by practitioners, interested & affected parties and the public for approval by SEA for presenting to a consultative workshop and soliciting further inputs;
  • A final report with proposed recommended Environmental Audit, Assessment and Review Regulations to guide the future process in Swaziland: Revised Environmental Audit, Assessment and Review Regulations, 2015 for approval by SEA.

Competencies

Functional Competencies:

  • Excellent analytical, coordination and organizational, in particular with experience in project management;
  • Excellent oral, and effective presentation/facilitation, communication and report-writing skills;
  • Ability to work with people from different backgrounds and with good inter-personal skills.

Core Competencies:

  • Demonstrates integrity by modeling ethical standards and values;
  • Promotes the vision, mission, and strategic goals of the UN;
  • Displays cultural, gender, religion, race, nationality and age sensitivity and adaptability;
  • Treats all people fairly without favoritism.

Required Skills and Experience

Education:

  • Highly recognized graduate degree (Masters or PhD) in Natural/Environmental Science or Environmental Economics with a Post Graduate Training in Environmental Law coupled with demonstrated experience in undertaking the development of Environmental Assessment laws and regulations.

Experience:

  • Ten (10) years demonstrable experience in formulating laws, regulations and guidelines to effectively manage to development process;
  • Of which three (3) years demonstrable experience in working in environmental audit, assessment and mainstreaming cross cutting and social issues, namely gender, HIV and disaster;
  • Excellent project administration and management skills;
  • Good understanding of the international Environment Impact Assessment (EIA) and Environmental Safeguards for Sustainable Development and its modalities and guidelines;
  • Broad general background in participatory methods and their relevance to EIA;
  • Good understanding of the EIA governing structures at various levels, in particular with reference to Swaziland.

Language:

  • Fluent in English.