Uganda National Environment Act, 2019
Uganda National Environment Act, 2019
Uganda National Environment Act, 2019
ACTS
5 The National Environment Act 2019
SUPPLEMENT No. 2 7th March, 2019
ACTS SUPPLEMENT
to The Uganda Gazette No. 10, Volume CXII, dated 7th March, 2019
Printed by UPPC, Entebbe, by Order of the Government.
1. Commencement.
2. Interpretation.
3. Right to a decent environment.
4. Rights of nature.
5. Principles of environment management.
Part II—Institutional Arrangements.
Policy Committee on Environment.
6. Policy Committee on Environment.
The Minister.
7. Functions of the Minister.
Technical Committees.
Financial Security.
141. Financial security.
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154. Bribing an officer.
155. Obstruction of environmental inspector or authorised officer.
156. Impersonation of environmental inspector or authorised officer.
157. Offences relating environmental and social impact assessments
and environmental risk assessments.
158. Failure to establish environmental management system.
159. Seizures.
160. Removing or defacing Authority’s seals.
161. Unlawful dealings in hazardous chemicals.
162. Illegal management of waste.
163. Pollution.
164. Failure to comply with orders, notices and environmental
easements.
165. Failure to comply with environmental standards.
166. Failure to keep records, reports and other documentation.
167. Alerting offender.
168. Conspiracy to commit an offence.
169. Continuing or subsequent offences.
170. General penalty.
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Part I—Preliminary.
1. Commencement.
This Act shall come into force on a date to be appointed by the Minister
by statutory instrument, and different dates may be appointed for the
commencement of different provisions.
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2. Interpretation.
In this Act, unless the context otherwise requires—
“acute pollution” means significant pollution that occurs
suddenly and demands immediate response to protect
human health and the environment;
“air quality” means the state of the air, including concentration
of pollutants in the atmosphere at the point of measurement;
“ambient air” means the outdoor air to which human beings,
plants, animals or material are exposed, typically measured
near ground level, away from direct sources of pollution
but does not include the atmosphere within a structure or
within any underground space;
“Authority” means the National Environment Management
Authority continued under section 8 of this Act;
“authorised officer” means an officer of the Authority or any
other person authorised to act on behalf of the Authority
under this Act;
“best available techniques” means the most effective and
advanced stage in the development of activities and
the methods of operation which indicate the practical
suitability of particular techniques for providing the basis
for preventing or reducing the negative impact of a project
on human health or the environment;
“biodiversity offsets” means measurable conservation
outcomes resulting from actions designed to compensate
for significant residual adverse biodiversity impacts
arising from project development and persisting after
appropriate prevention and mitigation measures have been
implemented;
“biological diversity” means the variability among living
organisms from all sources, including terrestrial ecosystems,
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aquatic ecosystems and the ecological complexes of which
they are part such as diversity within species, between
species and of ecosystems;
“climate change” means a change of climate which is attributed
directly or indirectly to human activity that alters the
composition of the global atmosphere and which is in
addition to natural climate variability observed over
comparable time periods;
“critical habitats” means areas with high biodiversity value
essential for conservation, including habitats of significant
importance to critically endangered or endangered species,
habitats of significant importance to endemic or restricted-
range species, habitats supporting globally significant
concentrations of migratory species or congregation
of species, particularly of vulnerable species, highly
threatened or unique ecosystems and areas associated with
key evolutionary processes;
“currency point” has the value assigned to it in Schedule 1 to this
Act;
“decommissioning” means the process of safely ceasing
operations resulting in complete or part removal or
substantial change in use of a facility or permanently
disposing or abandoning a facility or operation in a manner
that is not deleterious to human health or the environment;
“developer” means a person who proposes to undertake a
new project or to rehabilitate, repair, extend, maintain or
operate an existing project with potential effects on the
environment;
“economic instruments” means policy options that affect costs
and benefits of alternative actions by internalising external
costs at source, with the effect of influencing behavior in a
manner that is favorable to the environment;
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“ecosystem services” are the direct and indirect economic, social
and environmental benefits obtained from the correct
functioning of ecosystems, including watershed regulation,
maintenance of biodiversity and carbon sequestration, for
human well-being;
“effluent” means liquid, including agricultural, domestic
and industrial wastewater, discharged either treated or
untreated, directly or indirectly into the environment;
“environment” means—
(a) the physical factors of the surroundings of human
beings, including land, water, air, atmosphere, climate,
sound, odour and taste;
(b) the biological factors of animals and plants; and
(c) the social factors of aesthetics, health, safety and
wellbeing of people,
and includes human interaction with both the natural and
the built environment;
“environment management” includes the protection,
conservation and sustainable use of the various elements
or components of the environment;
“environment officer” includes an officer appointed or
employed by a ministry, department, agency of government
or local government to perform the functions specified in
section 30;
“environmental audit” means a systematic, documented, periodic
evaluation used to determine how well specified projects
or an organisation’s management system, facilities and
equipment are performing in conserving the environment
and its resources and conform to the requirements of this
Act and any other applicable law;
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“environmental emergencies” means sudden on-set disasters or
incidents resulting from natural, technological or human-
induced factors or a combination of these factors that cause
or are likely to cause significant environmental damage or
loss of human life and property;
“environmental and social assessment” means a procedure that
ensures that the environmental and social impacts, risks or
other concerns of a given project are taken into account in
approving a project for implementation;
“environmental and social impact assessment” means an
analytical process that systematically examines the likely
environmental and social impacts of a proposed project,
evaluates alternatives and designs appropriate mitigation,
management and monitoring measures, taking into account
interrelated socio-economic, cultural and human health
impacts, both beneficial and adverse;
“environmental inspector” means a person designated as an
environmental inspector under section 127;
“environmental practitioner” means an environmental auditor
or an environmental impact assessor and any person
certified and registered by the Authority to conduct
environmental and social assessments, studies or
environmental audits;
“environmental risk assessment” means a systematic process
for identifying and estimating the likelihood or probability
of an adverse or hazardous outcome or event and its
consequence on human health or the environment;
“environmental standards” means standards produced or
adopted by the Authority in consultation with the Uganda
National Bureau of Standards for use in Uganda;
“Executive Director” means the Executive Director of the
Authority appointed under section 22;
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“ex situ” means conservation outside the natural habitat of the
biological organism;
“flaring” means the combustion of hydrocarbons without the
application of the resulting heat or gases for any useful
purpose;
“fragile ecosystem” means important ecosystems, with unique
features and resources and include deserts, semi–arid lands,
mountains, wetlands, small islands and coastal areas;
“genetically modified organism” means an organism or a
product consisting of or including such organisms where
any of the genes or other genetic material in the organism—
(a) have been modified by means of modern
biotechnology; or
(b) are inherited or otherwise derived, through any
number of replications, from genes or other genetic
material which were so modified;
“genetic resources” means genetic material of actual or potential
value;
“in situ” means conservation within the natural ecosystem and
habitat of the biological organism;
“lead agency” means a ministry, department, agency, local
government or public officer in which or in whom the
functions of control or management of any segment of the
environment are vested;
“Minister” means the Minister responsible for the environment;
“natural beach” means a naturally occurring landform alongside
a water body which consists of loose particles, typically
made from rock, such as sand, gravel, shingle, pebbles, or
cobblestones: the particles can also be biological in origin,
such as mollusc shells or coralline algae;
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“operator” means a person executing an activity regulated under
this Act or any other entity executing on behalf of one or
several persons, the day to day management of the activity;
“persistent organic pollutants” means chemical substances that
persist in the environment, bio-accumulate through the food
web, possess toxic properties and pose a risk of causing
adverse effects to human health and the environment and
that are transported across international boundaries far
from their sources;
“plastics” means a synthetic material made from a wide range
of organic polymers such as polyethylene that can be
moulded into shape while soft and then set into a rigid or
slightly elastic form;
“pollution” means anything which causes or is likely to cause
or aggravate damage or nuisance to human health or the
environment including the introduction of solids, liquids
or gases into air, water or ground; noise or vibrations; light
and other radiation; and effects on temperature;
“project” means the execution of construction or renovation
work or other developments, installations, schemes,
activities or other interventions in the natural surroundings
and landscape which may have an impact on human health
and the environment;
“project brief” means a summary statement of the likely
environmental impacts of a proposed project referred to in
section 112;
“polypropylene” means a thermoplastic polymer used in a wide
variety of packaging applications including woven and
non-woven bags;
polythene” means a synthetic plastic material made up of
numerous simple chemicals called ethene or ethylene used
in a wide variety of packaging applications;
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“strategic environmental assessment” means the systematic
and comprehensive process of evaluating the likely
environmental, health and social consequences of a policy,
plan or programme and its alternatives to ensure that these
consequences are integrated and appropriately addressed
at the earliest stage of decision making with the same
importance as economic and other strategic considerations;
“sustainable development” means development that meets the
needs of the present generation without compromising the
ability of future generations to meet their own needs;
“sustainable use” means use of environment resources in a way
and at a rate that does not lead to long term decline of those
resources, thereby maintaining their potential to meet the
needs and aspirations of present and future generations;
“transboundary movement of waste” means any movement
of hazardous or other waste from another country to or
through Uganda or from Uganda to another country;
“venting” means the release of unburned gases directly into the
atmosphere;
“urban council” includes city, municipal, division and town
council;
“waste” means any substance or object which is dumped,
abandoned, discarded or disposed of or intended or required
by law to be disposed of;
“wetlands” means areas permanently or seasonally flooded by
water, where plants and animals have become adapted and
gazetted as such.
(4) A person proceeding under subsection (3) may file a civil suit
notwithstanding that the person cannot prove that the act or omission of
another person has caused or is likely to cause personal harm or injury.
4. Rights of nature.
(1) Nature has the right to exist, persist, maintain and regenerate
its vital cycles, structure, functions and its processes in evolution.
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(h) the Minister responsible for local government;
(i) the Minister responsible for gender, labour and social
development;
(j) the Minister responsible for tourism, wildlife and
antiquities;
(k) the Minister responsible for trade, industry and
cooperatives;
(l) the Minister responsible for works and transport;
(m) the Minister responsible for energy and mineral
development;
(n) the Minister responsible for internal affairs;
(o) the Minister responsible for defence and veterans affairs;
and
(p) the Minister responsible for information, communications
technology and national guidance.
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(4) The Chairperson of the Board and the Executive Director
shall attend the meetings of the Policy Committee on Environment by
virtue of their office but are not entitled to vote on any matter before
the Policy Committee on Environment.
(5) Schedule 2 shall have effect in relation to meetings of the
Policy Committee on Environment and other matters provided for in
that Schedule.
The Minister.
7. Functions of the Minister.
(1) The Minister shall—
(a) formulate policy and legislation on the environment;
(b) oversee the implementation of the decisions of the Policy
Committee on Environment;
(c) oversee and provide policy and strategic guidance or
directives to the Authority to ensure its effective operation;
(d) oversee environmental planning and ensure mainstreaming
and integration of environmental concerns into sector
policies, plans and programmes;
(e) oversee resource mobilisation for programmes in support
of the environment and natural resources;
(f) oversee ratification and coordinated implementation of
multilateral environmental agreements; and
(g) facilitate partnerships with other Government institutions,
Government agencies of other States, inter-governmental
organisations and development partners on issues relating
to environment management.
(2) The guidance or directive given by the Minister under
subsection (1)(c) shall not adversely affect or interfere with the
performance of the functions and exercise of the mandate of the
Authority.
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(3) Any directive issued by the Minister under this Act shall be
published in the Gazette.
(7) The Executive Director shall be the secretary to the board and
shall attend the meetings of the Board by virtue of his or her office, but
shall not have a right to vote in any matter coming before the Board for
decision.
(8) The Board may appoint committees of the Board for the
efficient operation of the governance function of the Board.
(2) The Minister shall, after being notified of the vacancy under
subsection (1), in accordance with section 12, appoint another person
to hold office for the remainder of the term of the previous member.
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20. Delegation of functions of the Board.
(1) The Board may delegate to the Chairperson, a member of the
Board, a committee of the Board or the Executive Director, any of the
functions of the Board under this Act.
Technical Committees.
(3) The Executive Director shall serve for a period of five years
and is eligible for re- appointment for one more term.
(4) The Executive Director shall cease to hold office—
(a) if information relating to the conduct of the Executive
Director, which could have precluded his or her
appointment, is brought to the attention of the Minister;
(b) upon resignation;
(c) on the expiry of a fixed term contract;
(d) for incompetence;
(e) for misconduct;
(f) for inability to perform the functions of his or her office
arising from infirmity of body or mind;
(g) where he or she has been convicted of an offence and
sentenced to imprisonment for six months or more by a
competent court in Uganda or outside Uganda; or
(h) for bankruptcy or insolvency.
23. Functions of Executive Director.
(1) The Executive Director shall be the chief executive and
accounting officer of the Authority.
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(2) The Executive Director shall be responsible for the day-to-
day administration and operations of the Authority.
(3) Subject to this Act and the general supervision and control
of the Board, the Executive Director is responsible for—
(a) strategic planning and management of the Authority;
(b) resource mobilisation, proper management of the funds
and property of the Authority and accountability;
(c) supporting the Board and Policy Committee on
Environment in the performance of their functions;
(d) ensuring the effective functioning of the Authority for the
realisation of its mandate and vision;
(e) establishing and maintaining stakeholder partnerships at
national, regional and international levels for effective
environmental management;
(f) facilitating corporate and good governance at the
Authority;
(g) ensuring management efficiency and effectiveness at the
Authority; and
(h) performing any other function necessary for the
implementation of this Act as may be assigned to him or
her by the Board.
(2) The employees appointed under this section shall hold office
on such terms and conditions as may be determined by the Board on
the advice of the Executive Director and as may be specified in their
instruments of appointment.
(3) The Board shall regulate the manner of appointment and the
terms and conditions of service of staff appointed under this section.
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(j) to carry out such other functions as may be prescribed by
the urban or district council.
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(b) to liaise with the Authority and, where applicable, with
the environment and natural resources committee on all
matters relating to the environment;
(c) to promote environmental awareness and literacy;
(d) to assist the environment and natural resources committee,
where applicable, in the performance of its functions under
this Act;
(e) to keep a record of information on the environment and
the utilisation of the environment and natural resources;
(f) to serve as the secretary to the environment and natural
resources committee, where applicable;
(g) to participate in review of laws and, where applicable, in
the development of bye laws or ordinances on environment
and natural resource management;
(h) to participate in the review of environmental and social
impact assessment reports, environmental audit reports
and other reports to be submitted to the Authority on a
regular basis;
(i) to assist environmental inspectors or environmental
auditors appointed by the Authority in the performance of
their functions under this Act, where required;
(j) to ensure compliance with approvals made under this Act
related to the segment of the environment he or she is
responsible for and to notify the Authority, as appropriate;
(k) to assist a ministry, department, agency of government
or local government in the preparation and approval of
environment action plans;
(l) to assist in the preparation of the urban, district or other
lead agency state of environment report;
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(m) to advise on environmental matters before any dealings in
land;
(n) to monitor all activities within their jurisdiction to ensure
compliance with this Act; and
(o) to perform such other functions as may be prescribed by
the appointing authority.
(3) The environment officer may, on the request of the appointing
authority and the written approval of the Authority, exercise the powers
of an environment inspector under section 128.
(3) The Board may specify other areas for funding other than
areas specified in subsection (2).
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(4) The Board may, on the advice of the Executive Director,
provide funding to a lead agency for critical restoration activities and
management of sensitive and fragile ecosystems.
(5) The Board shall submit to the Minister, annual estimates and
progress reports of the performance of the Fund.
(6) Seventy per cent of the funds contained in the National
Environment Fund shall be reserved and allocated to lead agencies as
a conditional grant.
(7) Fifty per cent of the funds allocated to lead agencies
under subsection (6) shall be reserved and utilized for restoration
activities.
(8) Subject to subsection (2), the Minister shall, by regulations,
prescribe the manner in which lead agencies shall access funding from
the Fund.
(9) The Authority shall issue a certificate of compliance to a lead
agency which effectively executes its functions under this Act.
(10) A lead agency shall not receive any money from the Fund
unless it has been issued with a certificate of compliance as prescribed
under this Act.
(11) The Minister shall by 15th of March every year, submit to
Parliament a report on the performance and status of the Fund.
34. Power to open and operate bank accounts.
(1) The Authority shall, with the approval of the Accountant
General, open and maintain such bank accounts as are necessary for
the performance of the functions of the Authority.
(2) The Executive Director shall ensure that all monies received
by or on behalf of the Authority are banked as soon as practicable in
the Authority’s bank accounts.
(3) The Executive Director shall ensure that no monies are
withdrawn from or are paid out of any of the Authority’s bank accounts
without his or her authorisation.
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(4) The Executive Director shall notify the Board on the status of
accounts and advise on their operation or closure.
36. Estimates.
(1) The Executive Director shall, not later than four months
before the end of each financial year, prepare and submit to the Board
for its approval, estimates of income and expenditure of the Authority
for the next ensuing year.
38. Accounts.
(1) The Authority shall—
(a) keep proper books of accounts and records of the
transactions and affairs of the Authority;
(b) ensure that all monies received are properly accounted
for;
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(c) ensure that all payments out of its monies are correctly
made and properly authorised; and
(2) The Authority shall, within two months after the end of each
financial year, submit the annual accounts and report of the Authority
to the Auditor General.
39. Audit.
The Auditor General or an auditor appointed by the Auditor General
shall, in each financial year, audit the accounts of the Authority in
accordance with the National Audit Act, 2008.
(a) be made every five years and reviewed every two and half
years to take into account emerging issues, challenges
and opportunities;
(b) take into account urban, district and other sector
environment action plans provided for under section 45;
(c) take into account the national state of the environment
report and contribute to the national development plan;
and
(d) be disseminated to the public.
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(e) proposed guidelines for the integration of standards of
environmental protection into development planning and
management;
(f) recommendations on policy and legislative approaches for
preventing, controlling or mitigating specific as well as
general adverse impacts on the environment;
(g) priority areas of environmental research and outline
methods of using such research findings; and
(h) maintenance of ecosystem services and measures for
preventing, reversing or mitigating any deleterious effect.
(6) The Authority shall issue guidelines for the preparation of the
state of the environment reports.
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(7) The Minister shall present the National State of Environment
Report to Parliament.
(3) A lead agency shall, in the exercise of its functions under this
section, take into account the Physical Planning Act, 2010 and any
other applicable law.
(2) The relevant lead agency shall identify the riverbanks and
lakeshores within its jurisdiction which are at risk from environmental
degradation or which have other value to the local communities and
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take necessary measures to minimise the risk or recommend to the
Authority the need for the protection of those areas.
(3) Where the areas specified under subsection (1) are subject to
a leasehold or any other interest in land, including customary tenure,
the holder of that interest shall be responsible for taking measures to
stabilise the soils and to plant trees and other vegetation in those areas.
(3) The lead agency shall be responsible for ensuring that the
guidelines issued and measures prescribed under subsection (2) are
implemented.
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(h) to ensure that there is no net loss of biological diversity, but
preferably a net gain;
(i) for the selection, establishment and management of
protected areas or areas where special measures need to be
undertaken to conserve biological diversity;
(j) for rehabilitation and restoration of degraded ecosystems
and to promote the recovery of threatened species; and
(k) any other matter which the Authority considers necessary
for the proper management of biological resources in
Uganda.
(2) The lead agency shall, within its mandate and in consultation
with the Authority—
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(a) take measures and issue guidelines to address the impacts
of climate change, including measures for mitigating and
adaptation to the effects of climate change; and
(b) liaise with other lead agencies to put in place strategies
and action plans to address climate change and its
effects.
(3) The Authority may liaise with the lead agency to assist
Government institutions, private sector, civil society and other
stakeholders to mainstream mitigation and adaptation strategies in
their planning and decision making processes.
(2) The Minister may make regulations for the procedure for
grant of licence under subsection (1).
(4) A person shall not carry out an activity likely to pollute the
air, water or land in excess of any standards or guidelines prescribed or
issued under this Act except under and in accordance with a pollution
control licence.
(2) A pollution control licence issued under this Act shall remain
valid for such period and may be renewed for such further period as
may be prescribed by regulations.
(3) A person who imports any waste into Uganda for disposal or
contrary to this Act shall be responsible for the removal of the waste
from Uganda and for its re-export or safe disposal.
(4) A person who imports waste into Uganda shall be liable for
any damage to human health or to the environment caused by the
waste imported.
(5) The Authority may grant a licence for the export of waste
upon such conditions as it may deem necessary.
(2) For the purposes of subsection (1), the relevant lead agency
may issue guidelines and measures for—
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(a) monitoring radiation;
(b) minimum protective measures to be taken against radiation;
(c) inspection of premises, areas, vehicles, and vessels
contaminated by radiation;
(d) the control of the effects of the radiation; and
(e) safe practices to protect persons involved in activities
prone to radiation exposure.
(4) Where there is more than one lead agency, the lead agency
to which the project brief is submitted shall consult with the other lead
agencies in the consideration of the project.
(3) The Authority may, on the advice of the lead agency, prescribe
the form and manner in which samples shall be taken for analysis.
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126. Environmental audit.
(1) The Authority or a lead agency may, where there is public
interest or cause to believe that a project has or may have adverse
impacts on human health or the environment—
(a) carry out an environmental enforcement audit; or
(b) instruct the developer to carry out an environmental
compliance audit, within a specified period determined by
the Authority.
(6) The Authority or an authorised officer may seek and take into
account any technical, professional or scientific advice which may be
desirable for a satisfactory decision to be made on a notice or order.
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(3) An environmental restoration order shall continue to apply to
the activity in respect of which it was served until it has been complied
with to the satisfaction of the Authority.
(3) Where a request for review has been made under subsection
(1), the Authority shall, within fourteen days of receipt of the request,
give the person who has requested the review an opportunity to be
heard, orally or by submission of documentary evidence.
(3) Court may, in the exercise of its powers under subsection (1),
apply the provisions of section 130 and order—
(a) the payment of costs in the form of reparation, restoration,
restitution or compensation to the person whose health or
the environment or livelihood has been polluted, harmed
or otherwise adversely affected by the action which is the
subject of the order; or
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(b) the payment of the costs and expenses of any action
taken by the Authority or an authorised officer to abate
the pollution, to protect human health or to restore the
environment as near as possible to the state in which it was
before the taking of the action.
(2) Nothing provided for in this section shall limit court in the
exercise of its jurisdiction.
Financial Security.
141. Financial security.
(1) The Authority may require a developer to take out financial
security for a project or activity likely to have a deleterious effect on
human health or the environment.
(4) The type and amount of financial security for each project
shall be determined by the Authority.
(5) For the avoidance of doubt, a financial security does not
replace the responsibility and liability of the developer for the project
or activity under this Act and any other applicable law.
163. Pollution.
(1) A person who—
(a) engages in activities that result in or aggravate pollution in
contravention of this Act;
(b) pollutes the environment contrary to conditions contained
in a pollution control licence or permit;
(c) discharges or emits any pollutant into the environment
contrary to approved standards;
(d) fails to take measures required under this Act to prevent or
manage pollution;
(e) causes emissions to escape into the air in any manner
contrary to this Act; or
(f) fails to notify the relevant authorities of pollution as
required under this Act,
commits an offence and is liable, on conviction, to a fine not
exceeding fifty thousand currency points or imprisonment not
exceeding fifteen years, or both.
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(2) In addition to any sentence that the court may impose upon a
polluter under subsection (1), court may direct that person to—
(a) pay the full cost of cleaning up the polluted environment
and of removing the pollution;
(4) Where a person does not make a payment under this Act on
or before the time when the amount is payable, the person shall pay, as
a penalty, a surcharge of five percent of the amount in default for each
day of default.
(5) The Authority may issue guidelines setting out the criteria
for issuing and payment of administrative fines.
(3) The Authority may use the annual report submitted under
subsection (1) for monitoring purpose and as a basis for the preparation
of the state of the environment report required under this Act.
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(a) in the case of an individual, by serving it personally
upon the individual or his or her agent or by sending it
by registered post to him or her at his or her usual or last
known place of abode or business or to his or her agent;
(b) in the case of a body corporate—
(i) by leaving it at the registered or principal office of
the body corporate;
(ii) by sending it by registered post to the body corporate
at the registered or principal office of the body
corporate; or
(iii) by delivering it to an individual in the employment
of or acting on behalf of the body corporate that is
authorised by the body corporate to accept service of
or to receive the document;
(c) in the case of an activity that is the subject matter of the
service, it shall be sufficient to serve the document or notice
on any adult person found at the premises or activity site
appearing to have a level of command on the activity.
179. Regulations.
(1) The Minister may, in consultation with the Authority, make
regulations prescribing all matters that are required or permitted by
this Act to be prescribed, or which are necessary or convenient to be
prescribed, for giving full effect to the provisions of this Act.
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(2) Without limiting the general effect of subsection (1), the
Minister may make regulations relating to—
(a) strategic environmental assessments;
(b) the registration, certification, conduct and discipline of
environmental practitioners;
(c) environmental and social impact assessments, including
offset and compensation mechanisms;
(d) environmental audits;
(e) special conservation areas;
(f) protection of riverbanks and lakeshores;
(g) protection of wetlands;
(h) management of soil quality;
(i) discharge of effluent;
(j) noise and vibration;
(k) air quality;
(l) environmental emergency preparedness; including oil
spills preparedness;
(m) the management of hazardous chemicals;
(n) the management of plastics and plastic products;
(o) the management of hazardous waste and other waste;
(p) the protection of the ozone layer;
(q) environmental management and monitoring systems;
(r) the management of environmental information;
(s) the management of mercury
(t) the Environmental Tribunal;
(u) generally, for the better carrying out of the purposes of this
Act and the prescription of anything required or authorised
to be prescribed under this Act.
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(3) Regulations made under subsection (1) may, in respect of any
contravention—
(a) provide for enforcement of the powers of an environmental
inspector;
(b) provide for the use of administrative measures;
(c) provide for the forfeiture of anything used in the
commission of an offence;
(d) prescribe a penalty of a fine not exceeding fifty thousand
currency points or imprisonment not exceeding ten years,
or both;
(e) in the case of a continuing contravention, prescribe an
additional penalty not exceeding five thousand currency
points in respect of each day on which the offence
continues; and
(f) prescribe a higher penalty not exceeding sixty thousand
currency points or imprisonment not exceeding twelve
years or both in respect of a second or subsequent
contravention.
180. Supremacy of this Act.
(1) This Act takes precedence over all existing laws relating to
environmental management, and where there is a conflict between this
Act and any other written law other than the Constitution, this Act
shall prevail.
(2) Anything duly done under the authority of this Act for the
purpose of giving effect to the Government’s policy on environmental
management shall have effect notwithstanding any other enactment.
181. Amendment of Schedules.
(1) The Minister may, with the approval of Cabinet, by statutory
instrument amend Schedule 1.
(2) The Minister may, by statutory instrument, amend Schedules
2, 3, 4, 5, 6, 7, 8, 10 and 11.
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(3) The Minister may, with the approval of Parliament, by
statutory instrument amend Schedule 9.
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SCHEDULES
SCHEDULE 1
CURRENCY POINT
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SCHEDULE 2.
Section 6(5) and 181 (2).
1. Meetings.
(1) The Prime Minister shall preside at all meetings of the Committee
and in his or her absence, the Minister responsible for environment shall
preside.
(2) Where both the Prime Minister and the Minister responsible for
environment are absent, the other members of the Committee shall elect one
of the members to preside.
2. Procedure.
(1) Five members of the Committee shall form a quorum at every
meeting of the Committee.
(6) The Committee shall meet at least once in every three months at
such time and place as the chairperson may determine.
(7) The Executive Director shall take and keep minutes of the meetings
of the Committee.
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(8) The minutes kept under subparagraph (7) shall be confirmed by
the Committee at the next meeting and signed by the chairperson of that
meeting.
4. Disclosure of interest.
(1) A member of the Committee who has a direct or indirect personal
interest in a matter being considered or about to be considered by the
Committee shall, as soon as possible after the relevant facts have come to his
or her knowledge, disclose the nature of his or her interest to the Committee.
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SCHEDULE 3.
(4) The Chairperson shall preside at every meeting of the Board and in
the absence of the Chairperson; the members present shall appoint a member
from among themselves to preside at that meeting.
2. Quorum.
(1) The quorum for a meeting of the Board is 5 members.
3. Minutes of meetings.
(1) The Board shall cause to be recorded and kept, minutes of all
meetings of the Board in a form approved by the Board.
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4. Decision by circulation of papers.
(1) Subject to paragraph 2, decisions of the Board may be made by
the circulation of the relevant papers among the members and the expression
of their views in writing, but any member is entitled to request that any such
decision be deferred until the subject matter has been considered at a meeting
of the Board.
5. Power to co-opt.
(1) The Board may co-opt any person who, in the opinion of the Board,
has expert knowledge concerning the functions of the Board, to attend and
take part in the proceedings of the Board.
(2) A person co-opted under this paragraph may take part in any
discussion at the meeting of the Board on which his or her advice is required
but shall not have any right to vote at that meeting.
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SCHEDULE 4
Sections 49(1) & (2), 112 (1), (2) & (3),
176 (1), 177(1) and (2).
2. Communications facilities.
Repair and upgrade of communications installations, equipment and related
facilities.
10. Metallurgy.
Foundry and forging.
(b) Midstream:
Rehabilitation of facilities.
(c) Downstream:
Construction of not more than 2 fuel pumps and ancillary facilities.
14. General.
(a) An activity out of character with its surroundings.
(b) A structure of a scale not in keeping with its surroundings.
(c) Minor land use changes in areas with slopes of more than 20%;
including housing construction.
(d) Other activities as advised by the Authority in liaison with the
lead agency.
6. Forestry.
(a) Selective removal of single tree species over an area of 4 acres.
(b) Firewood extraction and harvest of non-wood forest products.
(c) Establishment of plantations of between 250ha and 500 ha.
(d) Support facilities to (a) to (c).
7. Metallurgy.
(a) Artisanal mechanical workshops and mechanical works.
(b) Blacksmith and fabrication works.
Note: Any reference to screening reports or project proposal under any law
for projects covered by this Part shall be construed to mean a project
brief.
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SCHEDULE 5
2. Communications facilities.
(a) Construction of communications installations, equipment and
related facilities.
(b) Construction and expansion of communications towers; including
satellite stations.
(c) Construction of light houses and watch towers.
(d) Support facilities to (a) to (c).
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(i) Power transmission lines and other means of electrification of
more than 15 kilometers in length.
(j) Electricity distribution lines of a voltage of more than 33kV or
where conditions in Schedule 5 Part 1 paragraph 3(c) have not
been met.
(k) Electrical substations.
(l) Construction of facilities or infrastructure for nuclear reaction,
including—
(i) energy generation.
(ii) production, enrichment, processing and re-processing.
(iii) storage or disposal of nuclear fuels or radioactive products.
(m) Support facilities to (a) to (l).
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5. Housing and urban development.
(a) Construction of planned settlements or housing estates covering
at least 5 acres.
(b) Establishment or expansion of development zones, industrial
estates and industrial parks.
(c) Construction and expansion of public and private hospitals.
(d) Construction and expansion of educational and research
institutions.
(e) Shopping centres and other commercial complexes covering a
floor area of 2500/10,000m2 or more.
(f) Construction of warehouses.
(g) Support facilities to (a) to (f).
9. Forestry.
(a) Gazetting or degazetting of forest reserves.
(b) Conversion of forested land to other land uses within catchments
and watersheds.
(c) Introduction of new tree species.
(d) Commercial charcoal production.
(e) Extraction of rubber and resins.
(f) Establishment of plantations of more than 500 ha.
(g) Support facilities to (a) to (f).
15. Metallurgy.
(a) Manufacture and assembly of motorised and non-motorised
transport products.
(b) Boiler-making and manufacture of reservoirs, tanks and other
sheet containers.
(c) Manufacture of non-ferrous products.
(d) Manufacture of aluminium, iron, steel and related products.
(e) Electroplating.
(b) Midstream—
(i) Construction of petroleum refinery, conversion plants and
other petroleum processing plants.
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(ii) Storage facilities for petroleum and petroleum products.
(iii) Construction and installation of facilities, including
pipelines, storage facilities and camps.
(iv) Transmission of chemicals, petrochemicals and petroleum
in bulk.
(v) Decommissioning of midstream facilities and operations.
(c) Downstream—
(i) Construction or major modification of installations or
facilities of the petroleum supply chain including—
(aa) Petroleum product depots.
(bb) Fuel filling stations and fuel service stations.
(cc) Facilities for refilling and storage of liquefied
petroleum and natural gas.
(ii) Petrochemical plants; including asphalt plants.
(iii) Transmission of petrochemicals and petroleum
products.
(iv) Construction of other facilities for the transportation,
processing, supply, storage, distribution, wholesale,
retail sale and sale to industrial consumers of
petroleum products and related activities.
(v) Decommissioning of installations and facilities used
in the petroleum supply chain.
23. General.
(a) Installations for the capture of carbon dioxide streams for the
purposes of geological storage from installations covered by this
Schedule, or where the total yearly capture of carbon dioxide is
1.5 megatonnes or more.
(b) Tobacco processing and storage.
(c) Facilities for manufacture of medical and veterinary equipment.
(d) Aerial spraying using chemicals.
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SCHEDULE 6
1. Brick making.
2. Recreational activities, including spot fishing and maintenance of
green spaces.
3. Cultivation.
4. Sand and clay mining.
5. Drainage.
6. Commercial exploitation of wetland resources.
7. Sewerage filtration.
8. Fishing; using fishing gear and weirs, fish farming and other
aquaculture.
9. Construction of transport and communication facilities, including
roads, railways and telephone lines.
10. Burning.
11. Any exploitative activity which is of a commercial or trade nature,
including harvesting of papyrus for commercial purposes.
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SCHEDULE 7
Section 59
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SCHEDULE 8
Section 70(1) and 181(2).
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Chlordane Production None
Use local ectoparasiticide
CAS No: 57-74-9
insecticide
Termiticide
Termiticide in build-
ings and dams
termiticide in roads
Additive in plywood
adhesives
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Heptachlor Production None
Use Termiticide
CAS No: 76-44-8
Termiticide in struc-
tures of houses
Termiticide (subter-
ranean)
Wood treatment in
use in underground
cable boxes.
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Use Articles in
pentabromodiphenyl ether
accordance with
Part V of Annex A
of the Stockholm
Convention
Toxaphene Production None
Use None
CAS No: 8001-35-2
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PART II—CHEMICALS PROHIBITED OR RESTRICTED
UNDER THE MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER
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SCHEDULE 9
A Industrial Use
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Polyethene paper used for wrapping mattresses while in the warehouse
B Agricultural Use
Polyethene used for plants nurturing in nurseries
Polyethene covering green houses
Polyethene bags used for packaging fertilizers into small units for export
C Medical Use
1 Polyethene used for conditioning and packaging of drugs, vaccines and
other medical and pharmaceutical products
D Research and Science
1 Polyethene used for the conditioning of laboratory reactants and other
laboratory products
E Sanitation
1 Polyethene used for the collection and transportation of wastes
F Construction
1 Polyethene used for insulation, roofing and damp proofing in construction
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SCHEDULE 10
Section 113(2) & (3), 126(2), (3) 176(1), 177(1) and 181(2).
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SCHEDULE 11
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Cross References
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