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TOR TOFIK ABDU

The Terms of Reference (ToR) outlines the Environmental and Social Impact Assessment (ESIA) for a Dairy Farm project proposed by Tofik Abdu in Oromia Regional State, Ethiopia. The document details the project's objectives, scope, and methodology, emphasizing compliance with Ethiopian environmental laws and the need for sustainable development. It also includes an agreement for professional services between the consulting firm Bright Star Management and Environmental Consultancy Service PLC and the project proponent, specifying the timeline and payment structure.

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Tesfaye Degefa
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0% found this document useful (0 votes)
81 views10 pages

TOR TOFIK ABDU

The Terms of Reference (ToR) outlines the Environmental and Social Impact Assessment (ESIA) for a Dairy Farm project proposed by Tofik Abdu in Oromia Regional State, Ethiopia. The document details the project's objectives, scope, and methodology, emphasizing compliance with Ethiopian environmental laws and the need for sustainable development. It also includes an agreement for professional services between the consulting firm Bright Star Management and Environmental Consultancy Service PLC and the project proponent, specifying the timeline and payment structure.

Uploaded by

Tesfaye Degefa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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TERMS OF REFERENCE (ToR) TO

CONDUCT ENVIRONMENTAL &


SOCIAL IMPACT ASSESSMENT
DAIRY FARM PROJECT

PROJECT PROPONENT: TOFIK ABDU

PROJECT LOCATION: OROMIA REGIONAL STATE, SHEGER


CITY GELAN GUDA SUB CITY DALETI WOREDA

SUBMITTED TO: GELAN GUDA SUB CITY ENVIRONMENTAL


PROTECTION AUTHORITY

CONSULTING FIRM: BRIGHT STAR MANAGEMENT AND


ENVIRONMENTAL CONSULTANCY SERVICE PLC

DECEMBER, 2024
FINFINE,OROMIA
1. INTRODUCTION
This ToR was developed to conduct the ESIA study for Dairy Farm which is to be constructed in
Sheger city G/Guda sub-city Daleti woreda for the promoter Tofik Abduto meet the Oromia
regional state environmental impact directives No.05/2014. The ToR was prepared by Bright star
management and environmental consultancy service PLC for the proposed project.

1.1. ESIA in Ethiopia


Under the heading 'The Right to Development' article 43 of the FDRE Constitution provides:
(1) The Peoples of Ethiopia as a whole, and each nation, nationality and people in Ethiopia, in
particular, have the right to improved living standards and to sustainable development . Articles
44(1), 44(2), 92(1), 92(2) and 92(3) deals with environmental related rights, obligation and
objectives in the country. In this regard, Article 44(1) emphasizes that “all persons have the right to
live in a clean and healthy environment”. Article 44(2) further emphasizes that any person who has
been displaced or whose livelihoods have been adversely affected as a result of implementing a
given project/program have the right to commensurate monetary or other means of compensation,
including relocation with adequate state assistance. Article 92(1) state that “Government shall
endeavor to ensure that all citizens live in a clean and healthy environment” and article 92(2) states
that “the design and implementation of programs and projects of development shall not damage or
destroy the Environment”. Besides article 92(3) describes that people have the right to full
consultation and to vote their views in the planning and implementation of environmental policies
and projects that affect them.
To protect the constitution, proclamation and other legal instruments were enacted and EIA
proclamation.No.299/2002 is one noticeable example. Under this proclamation, Environmental
impact assessment is a mandatory requirement before project construction in order to realize
sustainable development. It is clearly understandable that ESIA is a tool that seeks to ensure
sustainable development through the evaluation of impacts arising from major project activities, by
identifying positive and adverse negative impacts on the environment by pollution of land, water
bodies (both surface and ground water), air, changing landscapes and threatening biodiversity. It
also has health and safety impacts on workers and the surrounding community unless and other
proper mitigation and reduction mechanisms are in place.
To this end, Dairy Farm initiative by a promoter is therefore, to identify, evaluate and predict the
likely impacts both Positive and negative of the proposed project so as to mitigate, reduce and
compensate for the impacts in such a way that the three pillars of sustainable development
(environmentally friendly, socially acceptable and economically feasible) will be realized. Because
it is inevitable that environmental and human health is affected during project construction,
operation and Decommissioning.

2. Objectives of the ToR


This ToR was prepared to: define the scope of work for the proposed project; identify the possible
chances and constraints; indicate time table and finally produce Environmental and Social Impact
Statement to be evaluated and approved by the competent authority.

3. Project Description
Mixed Use Dairy Farm which is a privately owned is to be established on 0.3738 hectare of land.
The planned Project will create a job opportunity for 26 individuals with an initial investment
capital of 15,000,000ETB
4. Project Location
The proposed project is located in Oromia regional state, Sheger city G/Guda sub-city Daleti
woreda
Work activities &Schedule
S/N Activities Duration (in days)
1 Project site Inspection and observation of the environmental 1
setting and resources
2 data collection and Public consultation 2

3 Project screening (Full ESIA /PESIA/NO ESIA?) 1


4 Baseline data collection 3
5 Analysis and reporting writing 10
Total 17

5. Sources of Data
The sources of data for this particular study are both primary and secondary. Secondary data
sources (baseline study) will be collected from water supply and sanitation office, agriculture office,
education office, health office, trade and industry, planning office, labor and social affair office,
urban beatification and greenery office, Daleti Woreda administration, children youth and women
affairs office, national and regional laws and proclamations, etc. In this regard,
@ Physical environment (topography, land cover, geology, climate and meteorology air
quality, hydrology, etc.)
@ Biological environment (i.e., flora and fauna types and diversity, endangered species,
sensitive habitats etc.)
@ Social and cultural environment, including present and projected. Where appropriate (i.e.,
population, land use, planned development activities, community social structure,
employment and labor market, sources and distribution of income, cultural/religious sites
and properties, vulnerable groups and indigenous populations etc.).
@ Economic activities, agriculture, livestock, trade and small scale industries.
@ The existing pollution status of the town and its solid waste management, etc.
Primary data sources will be collected from site inspection and community/stakeholder
consultation and field observation.
Table 1.1: Impact Identification and Classification

Site Sensitivity Rating


Issues
Low Medium High

Natural No natural habitats No critical natural Critical natural habitats


habitats present of any kind habitats; other natural present
habitats occur

Water Water flows exceed Medium intensity of Intensive water use;


quality and any existing demand; water use; multiple water multiple water users;
water low intensity of water users; water quality potential for conflicts is
resource use; potential water issues are important high; water quality issues
availability use conflicts expected are important
and use to be low; no
potential water
quality issues

Natural Flat terrain; no Medium slopes; some Mountainous terrain; steep


hazards potential erosion potential; slopes; unstable soils; high
vulnerabilit stability/erosion medium risks from erosion potential; volcanic,
y, floods, problems; no known volcanic/ seismic/ flood/ seismic or flood risks
soil volcanic/seismic/ hurricanes
stability/ flood risks
erosion

Cultural No known or Suspected cultural Known heritage sites in


property suspected cultural heritage sites; known project area
heritage sites heritage sites in broader
area of influence

Involuntary Low population Medium population High population density;


resettlement density; dispersed density; mixed ownership major towns and villages;
population; legal and land tenure; well- low-income families and/or
tenure is well- defined water rights illegal ownership of land;
defined; well-defined communal properties;
water rights unclear water rights

Indigenous No indigenous Dispersed and mixed Indigenous territories,


peoples population indigenous populations; reserves and/or lands;
highly acculturated vulnerable indigenous
indigenous populations populations
Table 1.2: Checklist of Impacts

Potential for Adverse Impacts


Impacts of the Assembly of truck bodies trailers or Vans
and fuel tanks
None Low Med. High Unknown

Soil erosion or flooding concerns (e.g., due to highly erodible soils


or steep gradients)
Number of stream crossings or disturbances
Wet season excavation
Creation of quarry sites or borrow pits
Significant vegetation removal
Wildlife habitats or populations disturbed
Be located within or nearby environmentally Sensitive areas (e.g.
intact natural forests, Wetlands, etc.)?
Cultural or religious sites disturbed
Economic or physical resettlement required
New settlement pressures created
Create solid waste on the sites (including excess fill materials from
grading and excavation activities, scrap wood and metals, and small
concrete spills).
Cause poor water drainage and increase the risk of water-related
diseases such as malaria or Bilharzias?
Cause air pollution? (Fugitive dust, SOX, NOX, VOCs, etc.)
Cause contaminated land from chemical spill & solid waste?
Create Noise and vibration
Aesthetic disruption to the surrounding areas?
Cause Potential Physical hazards ( Like accident or injury or illness
due to repetitive exposure to mechanical action or work activity)
Cause and spread communicable disease (poor sanitation and, sexual
transmission and vector-borne infections)

Cause poor Water Quality and less water Availability

Cause traffic congestion (Traffic accidents, injuries and fatalities


among members of the Community )
Cause flood and gully formation at the outlet or end point of
drainage canals
Possible impact on individual’s property, including impact on
houses, fences and other structures
Can cause more traffic accidents, since pedestrian walk way is not
properly considered as part of the road design
AGREEMENT FOR PROFESSIONAL SERVICE

Agreement made between Bright star management and environmental consultancy service PLC &
Tofik Abdu Agreement for professional service this agreement for professional service (herein after
‘the agreement’) made on this day of December 2, 2024.

CLIENT: -Tofik Abdu


EMPLOYEE: - Bright star management and environmental consultancy service Objective of the
agreement

To conduct environmental and social impact Assessment report for Mixed Use Building Tofik Abdu
found in Oromia regional state, Shegr city G/Guda sub city Daleti Woreda
APPOINTMENT OF THE:
The client has hereby appointed the Bright star management and environmental consultancy service
for the works, and the Bright star management and environmental consultancy service PLC accepts
the appointment on the terms and conditions.

Obligation of the development Bright star management and environmental consultancy service

The Bright star management and environmental consultancy service PLC shall-

 Furnish all relevant data and give such assistance as shall be reasonably required by the
employer for carrying out of the duties under this agreement;
 Provide prompt comments, suggestion and other required works throughout the project
 Promptly effect comment to the employer in accordance with the payment term of this
agreement.
Delivery Time: December 24, 2024
The total financial resource allocated for the study is 15,000ETB (fifteen thousand Birr). The
payment shall be paid to the Green Environment development Consultant & Training service PLC
in the following manner: Stage of services percentage proportion
1st payment (30%) up on signing agreement
2rd Final payment 70% up on approval of the document by the concerned organ

If the employer requires the Green Environment development Consultant & Training service PLC
to undertake additional service not included in this agreement, such services shall be paid extra in
terms and conditions to be agreed between the two parties.
ALTERNATION AND INTERRUPTION

In case any document presented by the Bright star management and environmental consultancy
service PLC and approved by the employer shall require major alternations, revisions or substitution
due to change in dispositions, intentions or wishes of the client at any point in time before approval
by the local authorities’ additional fee shall be charged which shall be determined by the agreement
of both parties.

Force majeure
Both parties shall be free from any obligation under this Agreement in the event performance of
the contract is made impossible due to occurrence of force majeure;

Force majeure shall have the meaning ascribed to it under the civil code of Ethiopia.
Termination of agreement
The occurrence of any one of the following shall terminate this Agreement: -
 Failure of any party to discharge any of its obligations stipulated in this agreement;
 By agreement of both parties done in written form;
 When force majeure events take place as per the provisions of the 2009 Ethiopian civil code.
Effective date
 The agreement shall become effective from the date it is signed by both parties.
 The agreement is prepared in two originals, to be deposited in the hand of each party.
 This day of December 17, 2024 in witness where of the parties here has put their signatures.
CLIENT Name___________________ Signature _________Date ______________
THE EMPLOYEE /Green Environment development Consultant & Training service PLC
Name _______________________________
Signature______________________ Date____________
WITNESSES
Name signature
1.__________________ ____________________

2.__________________ ____________________

3.__________________ ____________________

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