Environment Protection Act 2016 (No. 18 of 2016)

494 Supplement to Official Gazette [5th September 2016) [5th September 2016) Supplement to Official Gazette 495 21. Declaration of air pollution control area PARTV-ENFORCEMENT 22. Emission of pollutants in the atmosphere 23. Regulations for prevention and control of pollution 54. Enforcement notice 24. Establishment of atmospheric monitoring stations 55. Prohibition notice 25. Regulations for noise emission standards 56. Nuisance 26. Authorisation for noise emission in excess or noise emission standards 57. Variation notice 27. OzoneProtection 58. Withdrawal notice 28. Declaration of Coastal Zone and its protection 59. Appeals 29. Survey of Coastal Zones and preparation or Integrated Coastal Zone 60. Authorised officer Management Plan 61. Powers of entry, inspection, seizure and arrest 30. Regulations ofActivities in Coastal Zone 62. Declaration of environmental emergency and power of arrest 31. Regulations for exploration and exploitation 63. Power to take samples 32. Standardsandregulationofwaste 64. Publication of environmental laboratories 33. Designation of waste disposal sites and foci Iitics 65. Government Analyst 34. Deposit and discharge of waste on land 66. Reports of Government Analyst 35. Responsibility of owner ofland to keep land free from waste 36. Prohibition on throwing or depositing waste in street or public place PART VI - OFFENCES AND PENALTIES 37. Securing loads on vehicles 38. Importation of waste and hazardous waste 67. Fixedpenalty 39. Provisions relating to hazardous waste 68. Failure to comply with specific provisions 40. Hazardous substances 69. Penalty for certain acts 41. Regulations for minimization ofwaste 70. Civil Liability 42. Occurrence or likelihood ofoccurrence of pollution 71. Offences by companies 72. Compounding PART IV - ENVIRONMENTAL AUTHORISATION AND ENVIRONMENT IMPACT ASSESSMENT PART VII -APPEALS 43. Definition of development 73. Appeals Board 44. Environmental authorisation 74. Appeals 45. Environment ImpactAssessment Study 46. Classes ofEIA 47. Provisions relating to EIA Class I PART VIII - MISCELLANEOUS PROVISIONS 48. Provisions relating to EIA Class II 75. Authority to furnish information 49. Environmental Appraisal Committee 76. Confidentiality ofinformation 50. Environmental ImpactAssessment consultants 51. Grace period 77. Furnishing of information to the authority in certain cases 78. Access to any property 52. Suspension of development, project or activity 79. Protection of officers for action taken in good faith 53. Measures to reduce impacts on damages caused on the environment 80. Power to make regulations [5th September 2016] Supplement to Official Gazette 497 Supplement to Official Gazette [5th September 2016] 496 81. Savings 82. Repeal and transitional provisions ENVIRONMENT PROTECTION ACT, 2016 (Act 18 of 2016) I assent J. A. Michel President 26th August, 2016 AN ACT to provide for the protection, improvement and preservation of the environment, to set objectives and guiding principles aimed at protecting the environment and human health for the promotion of environmental principles so as to facilitate the implementation of international commitments including the prevention, control and abatement of environmental pollution in Seychelles and for matters connected therewith or incidental thereto. ENACTED by the President and the National Assembly. PART I - PRELIMINARY 1. This Act may be cited as the Environment Short title and Protection Act, 2016 and shall come into operation on such commencement date as the Minister may, by notice published in the Gazette, appoint.

498 Supplement to Official Gazette [5th September 2016] [5th September 2016] Supplement to Official Gazette 499 Interpretation 2. In this Act, unless the context otherwise requires- "dumping" means any deliberate disposal of wastes or other matter from vehicles, vessels, "abatement" means the reduction or removal of aircraft, platforms or other man-made structures environmental pollution to the permitted or at sea; prescribed levels; "effluent" means waste water or any other liquid "activity" means any process or operation whether with or without particles of matter in suspension commercial, industrial, domestic or agricultural on therein, of domestic, agricultural, trade or any premises or any such process or operation by industrial origin, treated or untreated, and means of a mobile plant; discharged directly or indirectly into the environment; "Administrator" means the person appointed under section 6( 1); "Environmental Impact Assessment consultant" means a person registered in accordance with "Ambient Air" means the air surrounding the earth section 50; but does not include air contained within a building or pressurised containers or confined under the "emission" means the act of passing into the surface of the earth; atmosphere of any solid, liquid or gaseous substance coming out of any chimney duct or flue "Ambient Air Quality" means average atmospheric or any other outlet or from a known source; purity as distinguished from discharge measurements taken at the source of pollution; "enforcement notice" means a notice served under section54; "Appeals Board" means the Appeals Board established under section 74 of this Act; "environment" means air, water and land and the inter-relationship which exists among and between "Ministry" means the Ministry responsible for air, water and land, and human beings, other living environment; creatures, plants, micro-organisms and property; "Environmental Appraisal Committee" means the "Authorised officer" means a person appointed or Committee appointed under section 49; designated under section 60 (I); "environmental authorisation" means an "Council" means the National Environmental authorisation referred to in section44; Advisory Council established under section 11; "Environmental Impact Assessment Study" means "development" has the meaning given to it by a study carried out in accordance with section 45 in section 43 and "develop" is construed accordingly; respect of the development, project or activity;

500 Supplement to Official Gazette [5th September 2016] [5th September 2016] Supplement to Official Gazette 501 "hazardous substance" means any substance or dismantling or abandonment of a physical preparation which by reason of its chemical or work; physico-chemical properties or handling , is liable to cause harm to human beings, other living "proponent", in relation to a development, project creatures, plants, micro-organisms, property or the or activity means the owner of, or a person who has environment; the charge, management or control of, the project or activity, or any proposal, plan, or programme in "hazardous waste" means waste which is respect of the project or activity, whether in the poisonous, corrosive, irritant, noxious, explosive, public or private sector; inflammable, radioactive, toxic or harmful to the environment or as defined by an International "prohibition notice" means a notice served under Convention to which Seychelles is party to; section55; "Minister" means the Minister responsible for "public place" includes every p1ace or building to environment and the Ministry shall be construed which the public are entitled or permitted to have accordingly; access, whether on payment or otherwise; "pollutant" means any solid, liquid or gaseous "Repealed Act" means the Environment Protection substance or energy present in such concentration Act, 1994, repealed under section 82; as may be, or tend to be, injurious to the environment or human health; "Strategic Environmental Assessment" is the formalised, systematic and comprehensive process "pollution" means the presence in the environment of identifying and evaluating the environmental of one or more pollutants and includes emissions of consequences of proposed policies, plans or n01se; programmes to ensure that they are fully included and appropriately addressed at the earliest possible "polluter" means a person who contributes to or stage of decision-making on a par with economic creates a condition of pollution; and social considerations; "prescribed" means prescribed by regulations "Stratosphere" means part of the atmosphere under this Act; between 10 and 50 kilometres above the earth's surface; "project" means- "waste" means garbage, refuse, sludges, (a) any activity that has or may have adverse construction debris and other discarded substances effect on the environment; or materials resulting from industrial and commercial operations or from domestic, (b) constructions, operation, modification, individual and community activity;

502 Supplement to Official Gazette [5th September 2016] [5th September 2016] Supplement to Official Gazette 503 "waste disposal site" means an area designated by and guidelines in pursuance of the national the Minister for the purpose of disposing waste; objectives on environment protection; "water quality" means the characteristics of water (c) co-ordinate the activities of other agencies which define its use in terms of physical, chemical concerned with the protection of the and biological contents; environment- "watercourse" includes any river, stream, dam, (i) under this Act; or reservoir, water catchment and wetlands and any drain or channels (ii) under any other written law for the time being in force which relates to the "wetland" means an area of mangrove, marsh, objects of this Act; swamp or water, which are permanent or temporary submerged (with a frequency sufficient to support (d) develop, evolve and where necessary adopt and under normal circumstances does or would standards for the quality of the environment support a prevalence of vegetative or aquatic li~e in its various aspects and for emission or that requires saturated or seasonally saturated soil discharge of environmental pollutants· from conditions for growth and reproduction) under any source whatsoever; fresh, brackish or salt water that is static or flowing including areas of marine water in which at low (e) commission research and sponsor studies on tide, where the depth does not exceed si:'" meters and problems relating to environmental includes riparian and coastal zones adjacent to the pollution; wetlands, and island or bodies of marine water lying within the wetlands, which have a depth of not more (f) examine such manufacturing processes, than six meters at low tide. materials and substances as are likely to cause environmental pollution; PART II -ADMINISTRATION Ministry 3. The Ministry for the purposes of this Act shall be .(g) identify areas in which any activity shall not the Ministry or Department of the Government under the be carried out or shall be carried out subject to Minister responsible for environment. certain safeguards; (h) develop, evolve and where necessary adopt Functions of 4.(1) The functions ofthe Ministry shall be to- procedures and safeguards for the prevention the Ministry of accidents which may cause environmental (a) administer, implement and enforce the pollution and remedial measures for such provisions of this Act; accidents; (b) develop and implement policies, programmes (i) collect and disseminate information in

504 Supplement to Official Gazette [5th September 2016] [5th September 2016] Supplement to Official Gazette 505 respect of matters relating to environmental 10. Regulations made under section 9 may provide for- Matters to be protection; specified in the regulation (a) any matter relating to the assets, capital, establishing (j) co-ordinate actions required in a state of funds, finance, administration and Agencies or Authorities environmental emergency or any other management of the Agency or Authority; or; situation which may pose a serious threat to the environment; (b) any matter necessary for better carrying out the functions under this Act. (k) prepare manuals, codes or guidelines relating to environmental protection and for the 11.(1) The Minister may, by notice published in the National prevention, control and abatement of Gazette, establish a National Environmental Advisory Environmental Advisory pollution. Council. Council Consultation 5. The Minister shall not, in any matter relating to (2) The Council shall consist of 8 members appointed public health under the Public Health Act, perform his or her by the Minister from persons - functions under this Act, except in consultation with the Ministry responsible for health and in accordance with the (a) representing Government depar:ments, non- advice of that Ministry. governmental organisations, associations and individuals having environment related Administrator 6.(1) The Minister shall, by signed instrument, appoint an functions or interests; or Administrator for this Act by post title. (b) who in the opinion of the Minister are (2) The Administrator shall have the functions assigned knowledgeable in matters relating to to it under this Act. environment. (3) The Minister shall appoint one of the members of Appointment of 7. The Minister may, by signed instrument, appoint officers of the the Council to be the Chairperson of the Council. Ministry such officers as may be necessary for the proper performance of the functions under this Act. (4) The Council shall have a Secretary who shall be nominated by the Minister. Establishment 8. The Minister may establish one or more technical of technical and advisory or advisory committees to advise on matters pertaining to the (5) The Council may co-opt, any person whose committees scientific and technical aspects of environmental protection membership is considered necessary by virtue of the and management. knowledge and experience of that person in environmental matters. Establishment 9. The Minister may by regulations establish such of Agencies or Authorities Agencies or Authorities as may be necessary for carrying out (6) A member of the Council shall hold office for a different functions under this Act. period of three years and shall be eligible for re-appointment.

506 Supplement to Official Gazette [5th September 2016] [5th September 2016] Supplement to Official Gazette 507 Functions of 12. The functions of the Council shall be to- (d) noise emissions from various sources the Council including construction sites, plants, (a) consider any matter affecting the quality of machinery, equipment, motor vehicles, the environment and report on that matter to aircraft, industrial and commercial activities; the Minister; (e) emission oflight, vibration and other forms of (b) advise the Minister on the state of the energy into the environment; environment and make recommendations regarding actions and measures for (f) odours, as are required to preserve and environment protection and for improvement maintain public health and the environment; of the quality of the environment; (c) consider any other matter that may be referred (g) pesticide and other residues in the to it by the Minister. environment. Proceedings 13.( 1) The Council shall meet at such time and at such 15. The Minister may by regulations provide for- Regulations for of the Council Protection of places as the Chairperson may determine. water (a) the preservation of fishing areas, drinking (2) One third of the members of the Council shall water sources and reservoirs, recreational and constitute a quorum. other areas where water may need special protection; and (3) The Council shall regulate its own proceedings in such manner as it thinks fit. (b) carrying out works which appear to be necessary to prevent, control or abate water PART III pollution from natural causes, abandoned PREVENTION, CONTROL AND ABATEMENT works, developments, projects or activities OF ENVIRONMENTAL POLLUTION not excluding measures to remedy and restore integrity of the affected area. Standards 14. The Minister may prescribe standards and and safeguards for- safeguards 16.( l) The Minister may classify all waters in Seychelles Classification, based on their best usage. reclassification (a) quality of air, water or soil for various areas of water and purposes; (2) The Minister shall, in making classification under (b) effluent limitations for existing and new point subsection (l) have regard to section 5, and take into sources; consideration the following factors - (c) emissions of air pollutants from mobile and (a) the existing quality of the body of water at the stationary sources; time of classification; [5th September 2016] Supplement to Official Gazette 509

508 Supplement to Official Gazette [5th September 2016] (b) the size, depth, surface area covered, volume, (a) discharge or place into the ground; or direction and rate of flow, gradient of stream of the body of water; and (b) dispose of in the sub-soil; or (c) dig into the ground, (c) the most beneficial use and value for public water supplies, propagation of fish, any effluent, polluting or hazardous substance or waste recreational purposes, agricultural, industrial specified in the authorisation. and other legitimate uses, (3) In considering an application for an authorisation (3) Where the public interest so requires, the Minister under subsection ( 1), the Ministry shall take into account any may re-classify a body of water based on intended beneficial risk of pollution to the water-supply or any other consideration use and take such steps as may be necessary to upgrade the for the protection of the environment. quality of such water. (4) An authorisation under subsection (1) may be Deterioration 17. Where the quality of water has deteriorated to such granted for such period and subject to such conditions as may of water a degree that its state adversely affects its best usage, the quality and be specified in the authorisation. upgrade Minister may, in co-ordination with other public bodies associated with water quality management, take measures as (5) The Ministry may, at any time, modify or revoke an deemed necessary to upgrade the quality of such water to meet authorisation granted under subsection ( 1) - the prescribed water quality standards. (a) if there is a risk of pollution of the Declaration of 18.( 1) The Minister may, by notice in the Gazette, declare environment; Protection a protection zone for the purposes of protecting the catchment of water catchment areas used for abstracting water for supply to the community (b) if there is a breach of any condition of the areas and and abstraction of sea water for the purpose of desalination. authorisation; or desalination areas (2) The Minister may, by regulations, prohibit or (c) for any other consideration for the protection regulate in the protection zone, activities which may directly or of the environment. indirectly affect the quality of water. (6) The owner or user of any land shall, whether such Authorisation 19.(1) No person shall, without an authorisation from the owner or user has been granted an authorisation under and Ministry, discharge or place into the ground or dispose of in the subsection ( 1) or not, immediately notify the Ministry of any application to incidents of pollution of the soil or sub-soil owned or used by discharge sub-soil or dig into the ground any effluent or polluting or effluent, hazardous substance or waste. such owner or user. polluting, hazardous substabce, (2) The Ministry may, on an application made to it (7) A person who contravenes subsections ( 1) or (6) waste in commits an offence. ground grant an authorisation to a person to-

510 Supplement to Official Gazette [5th September 2016] [5th September 2016] Supplement to Official Gazette 511 Authorisation 20.(1) No person shall, without an authorisation from the (3) The Ministry may, on an application made to it in to discharge effluent, Ministry, discharge any effluent or throw, deposit, or place any the prescribed form, grant an authorisation to a person to cause polluting or polluting or hazardous substance or waste or any obstructing any emission in an air pollution control area. hazardous matter into in any watercourse or in the territorial waters. substance, waste or (4) A person shall not, without an authorisation from obstructing (2) The Ministry, on an application made to it in the the Ministry granted in accordance with subsection ( 1) or matter in watercourse prescribed form, grant an authorisation to a person to - otherwise than in accordance with such authorisation - (a) discharge any effluent; or (a) cause any emission in an air pollution control (b) throw, deposit, or place any polluting or area;or hazardous substance or waste or any obstructing matter, (b) establish or operate any industrial plant in an air pollution control area. into any watercourse or in the territorial waters. ( 5) A person who contravenes subsection (4) commits (3) An authorisation under subsection (2) may be an offence. granted for such period and subject to such conditions as may be specified in the authorisation. (6) An authorisation granted under subsection ( 1) - (4) The Ministry may, at any time, modify or revoke (a) may be granted for such period and subject to an authorisation granted under subsection ( 1) - such conditions as it may specify; (a) if there is a risk of pollution; (b) may be revoked at any time if the conditions subject to which it was granted are violated. (b) if there is a breach of any condition of the authorisation; or 22.(1) No person shall cause the emission of any pollutant Emission of pollutant in (c) for any other consideration for the protection into the atmosphere. the atmosphere of the environment. (2) Any person who contravenes subsection (1) (5)A person who contravenes subsection (1) commits an commits an offence. offence. 23.( 1) The Minister may by regulations - Regulations for prevention and Declaration of 21.(1) The Minister may, by notice published in the control of air air pollution control area Gazette, declare an area as an air pollution control area for the (a) prescribe controls for the use of any fuel or pollution purposes of this Part. any appliance which may cause air pollution; (2) The Ministry shall develop criteria for declaring (b) prescribe standards for the control and use of an area as an air pollution control area. incinerators and boilers;

512 Supplement to Official Gazette [5th September 2016] [5th September 2016] Supplement to Official Gazette 513 (c) prohibit the burning of any material not being (b) compliance with measures required to fuel, prevent the causing of any nuisance to, or the disturbance of, any person by the emission of in any area including an air pollution control area. n01se m excess of the noise emission standards. Establishment 24. For the purposes of this Part, the Minister may of atmospheric monitoring establish stations or networks to monitor atmospheric (3) An authorisation granted under subsection ( 1) may stations conditions and locate sources of atmospheric pollution. be revoked at any time if the conditions subject to which it was granted are violated. Regulations for 25.( 1) The Minister may by regulations, for the purpose of noise emission (4) A person shall not cause noise to be emitted in standards preserving the environment and to prevent nuisance being caused to any person - excess of the noise emission standards established under section 25( 1) or section 14( d) without or otherwise than in (a) establish noise emission standards and noise accordance with an authorization grantecl 1:.,y the Ministry abatement measures; under subsection ( 1). (b) designate areas where the emission of noise in (5) A person who contravenes subsection (4) commits excess of such standards are prohibited; an offence. (c) specify noise emission control measures for 27.( 1) The Ministry may study data and recognize Ozone activities and operations; Protection national and international developments regarding the (d) specify noise emission Iimits for equipments. cumulative effect of any substance, practice, process or activity on the stratosphere and which may reasonably be (2) Different noise emission standards may be anticipated to endanger the environment or human. established for different areas based on the principal purpose of the area for which a standard is established. (2) The Ministry may undertake programmes for the control of any substance, practice, or activity which may Authorisation 26.( 1) The Ministry may, on an application made to it grant reasonably be anticipated to endanger the environment. for noise emission in an authorisation to a person, for the emission of noise in excess excess of noise of the noise emission standards established under section 25 ( 1) (3) The Minister may by regulations provide for the emission or section 14(d) subject to such terms and conditions as the control of any substance, practice, or activity which may standards reasonably be anticipated to endanger the environment. Ministry may determine. (2) The terms and conditions of an authorisation under 28.(1) The Minister may, by notice puL>iished in the Declaration subsection ( 1) shall include- Gazette declare one or more Coastal Zones with subsidiary of Coastal Zone and its zones therein to cater for- protection (a) compliance with measures required to adequately protect persons exposed to (a) sensitive zones of high cultural, recreational excessive levels ofnoise; and and aesthetical value;

514 Supplement to Official Gazette [5th September 2016] [5th September 2016] Supplement to Official Gazette 515 (b) no development and climate based zones; (e) an inventory of all estuarine or wetland areas within the Coastal Zone with an indication of (c) zones dedicated to the preservation and their significance as fisheries or wildlife rehabilitation/conservation of coastal habitat; biodiversity; and (f) an inventory of all areas within the Coastal (d) zones as reclaimed naturally or artificially. Zone of special value for research regarding coastal phenomena, including fisheries and (2) No person shall release or cause to be released into a sea erosion, littoral movements and related Coastal Zone polluting or hazardous substances by dumping or subjects; through the atmosphere. (g) an estimate of the quantities of sand, coral, (3) A person who contravenes subsection (2) commits sea shells and other substances being an offence. removed from the Coastal Zone; Survey of 29.(1) The Ministry may make or cause to be made a (h) an estimate of the impact of erosion on the coastal zones survey of the Coastal Zones and prepare or cause to be prepared Coastal Zone; and preparation of an Integrated Coastal Zone Management Plan based on the Integrated report of the survey. (i) an estimate of the extent, nature, causes and Coastal Zone sources of coastal pollution and degradation; Management Plan (2) The report of a survey made under subsection (1) shall include- (j) an inventory of all users and uses of the coastal zone paying particular attention to the (a) an inventory of all structures, roads, interactions/mixed uses of resources by excavations, harbours, outfalls, dumping sites stakeholders; and other works located in the Coastal Zone; (k) any other relevant data or information that (b) an inventory of the state of the coral reefs, may be deemed necessary. mangroves and marshes found within the Coastal Zone; (3) The Ministry shall as the circumstances require- (a) review the Integrated Coastal Zone (c) an inventory of all commercially exploitable Management Plan prepared under subsection mineral deposits, both proven and suspected, (1 ); located within the Coastal Zone; (b) take necessary measures to restore, (d) an inventory of all areas within the Coastal rehabilitate or protect all or part of the coastal Zone of scenic value or of value for zone as recommended by the survey prepared recreational purposes; under subsection ( l ).

516 Supplement to Official Gazette [5th September 2016] [5th September 2016] Supplement to Official Gazette 517 Regulations of 30.( 1) The Minister may make regulations to ensure that 32.( 1) The Minister may make regulations - Standards and activities in regulations of Coastal Zone activities in the Coastal Zone are conducted so as not to cause waste damage to the environment and to provide for such measures as (a) specifying standards and for the classification are necessary to prevent, reduce and control pollution in the and analysis of waste and for waste treatment Coastal Zone. and disposal facilities. (2) Notwithstanding the generality of subsection (1 ), (b) to control the introduction, production, regulations under that subsection may provide for- possession, handling, storage, transportation, segregation, processing and disposal of waste (a) the control and prevention of pollution of the and hazardous waste; marine environment from land-based sources, including rivers, estuaries, pipelines and (2) Regulations under paragraph (b) of subsection (1) outfall structures; may- (b) such other matters relating to the preservation (a) specify procedures for the movement of and conservation of the Coastal Zone. hazardous waste within, to, from and through Seychelles; Regulations for 31.( 1) The Minister may make regulations to govern the exploration and environmental performance of petroleum and mineral exploitation (b) establish minimum requirements applicable exploration and exploitation activities within the territorial to the handling of waste and hazardous waste waters and, or the Exclusive Economic Zone of Seychelles, so as to protect the health and safety of which shall include - persons involved in handling of such waste; (a) requirements for preparation of Environmental Impact Assessments; 33.(1) The Ministry may, by notice published in the Designation Gazette - of waste disposal sites (b) applicable discharge quality standards and and facilities atmospheric emission standards; (a) designate waste disposal sites and other waste disposal facilities; (c) environmental management planning requirements; (b) prescribe the types of waste that can be- (d) contingency plans for releases of oil and other (i) deposited in public waste bins; polluting substances; (ii) deposited or discharged on a waste (e) management measures for use and handling disposal site or facility designated of polluting or hazardous substances; under paragraph (a). (f) requirements relating to conservation of 34.( 1) A person shall not deposit or discharge or cause or Deposit and discharge of biodiversity. permit the deposit or discharge of waste, on any land, except- waste on land

518 Supplement to Official Gazette [5th September 2016] [5th September 2016] Supplement to Official Gazette 519 (a) on a waste disposal site or other waste (2) A person who contravenes subsection ( 1) commits disposal facility designated for the type of an offence. waste being discharged or deposited, and in accordance with an authorisation from the 37.(1) No person shall drive any vehicle on any street or Securing loads Minister; public place unless any load which is likely to result in the on vehicles littering or damage of the street or public place is- (b) where the waste has been placed in a receptacle adapted for this purpose and there (a) secured and packed so that no part or content is an arrangement for the collection and of the load is likely to spill, fall, escape or disposal of the waste; or blow on to the street or public place; and (c) where the waste - (b) secured and packed in accordance with measures as may be prescribed under (i) is of a type which under section 33 (1) subsection (3). (b) (i) may be deposited in a public waste bin; and (2) Where part or the content of any load of a vehicle has spilled, fallen, escaped or been blown on to a street or (ii) has been placed in a receptacle or a public place it shall be presumed unless the driver proves the public waste bin which is approved by contrary that the driver of the vehicle has failed to secure the the Minister and in accordance with the load as provided in subsection ( 1). instructions of the Minister. (3) The Minister may prescribe measures required to (2) A person who deposits or discharges or causes or be taken to secure loads on vehicles so as to prevent anything permits the deposit or discharge of waste, on any land other being transported in the vehicle from spilling, falling, escaping than as specified in paragraph (a), (b) or (c) of subsection ( 1) commits an offence. or blowing from the vehicle during transportation. Responsibility 35.( 1) Landowners or any person responsible for any land (4) A person who contravenes subsection ( 1) commits of owner of shall keep the land free from waste and where any waste is an offence. land to keep land free deposited or discharged on the land the owner or person from waste responsible of such land shall remove and dispose of the waste 38.(1) (a) No person shall import any waste or Importation of waste and in accordance with the provisions of this Act. hazardous waste into Seychelles except as provided under hazardous paragraph (b ). waste (2) A person who contravenes subsection ( 1) commits an offence. (b) The Minister may prescribe the type and circumstances under which waste or hazardous waste may be imported in Seychelles. Prohibition on 36.( 1) No person shall throw, deposit or place any waste on throwing or or in any street or public place. deposition (2) A person who imports waste or hazardous waste wqste in street into Seychelles in contravention of subsection (1) (a)- or public place

520 Supplement to Official Gazette [5th September 2016] [5th September 2016] Supplement to Official Gazette 521 (a) commitsan,offence;and (a) specify raw materials, additives or auxiliary substances that shall not be present or shall (b) shall, subject to section 39(3) and at the cost of only be present in quantities as may be the person who imported the waste or specify in materials and products sold or used hazardous waste, re-export the waste to the in the Seychelles; country from which it was imported. (b) specify materials and products that shall Provisions 39.(1) No person shall dispose of any hazardous waste contain specified proportions of recycled or relating to recyclable material or products; hazardous except in accordance with an authorisation from the Ministry. waste (2) No person shall transport hazardous waste within or (c) prohibit or regulate the use of specified through Seychelles without an authorisation from the materials or types of materials in products or Ministry. goods for specific purroses, including packaging; (3) No person shall export hazardous waste to any country without obtaining an authorisation from the Ministry (d) prescribe a fee to be paid by importers or and the prior informed consent of the receiving country. manufacturers of specificJ materials, products or goods including packaging (4) A 'person who contravenes subsections (1), (2) or material to cover costs in respect of disposal (3) commits an offence. of the materials, products or goods. Hazardous 40.( 1) A person shall not handle or cause to be handled any 42.( 1) Where there is an occurrence of pollution, or a Occurrence or substances likelihood of the occurrence ofpollution, the Ministry may- likelihood of hazardous substance except in accordance with procedures and pollution poses in compliance with safeguards prescribed by the Minister. serious or imminent risk (a) in the case of an occurrence of pollution, take to life, (2) "Handling", in relation to any substance means the such action or measures as is necessary to property or control or abate such pollution; environment manufacture, processing, treatment, packaging, storage, transportation, importation, use, collection, destruction, conversion, offering for sale, transfer of the hazardous (b) in the case of the likelihood of the occurrence substance, product or mixture thereof. of pollution, take such action or measures as is necessary to prevent such pollution. (3) A person who contravenes subsection ( 1) commits an offence under this Act. (2) The Ministry may order the person responsible for causing the pollution or the likelihood of the pollution, as Regulations of 41. The Minister may, for the purpose of promoting the case may be, to take such actions or measures, and the minimization recycling and cleaner technology and protect the environment person shall follow any directions given to it by the Ministry in of waste from hazardous substance, by regulations - that regard.

522 Supplement to Official Gazette [5th September 2016) [5th September 2016] Supplement to Official Gazette 523 (3) The person responsible for causing pollution or the (b) includes - likelihood of pollution for which any action or measures are taken under subsection ( 1) or (2) for the prevention, control or (i) the subdivision of land which is or is abatement of such pollution, shall bear the cost of the taking of intended to be used for residential, such action or measures. commercial, industrial or agricultural purposes; (4) Where any pollution has occurred, the person responsible for causing the pollution shall- (ii) the carrying out ofreclamation works; (a) be liable for payment of compensation for any (iii) the carrying out ofbackfilling, stacking loss or damage to the environment as a result or earth cutting of any land; of such pollution; and (iv) the re-roofing of any building which (b) at that person's own cost, restore the involves any change of colour, material environment to close approximation of its or design of the roof; condition prior to disturbance; (v) the carrying out of works for the (5) Where a person fails to comply with subsection (4) construction of new roads and bridges; (a) the Ministry may carry out such works as are necessary for such restoration and recover the cost from that person. (vi) the demolition of any building; (6) A person who fails to comply with an instruction (vii) the construction of sea walls or given by the Ministry under subsection (2) commits an offence. groynes, harbours or jetties and the carrying out of rock armouring works; PART IV ENVIRONMENT IMPACT ASSESSMENT AND (viii) the carrying out of works by a highway ENVIRONMENTAL AUTHORISATION authority required for the maintenance or improvement of a road; Definition of 43.(1) In this Act, "development" - development (ix) rock crushing, splitting, blasting and (a) means- excavating; and (i) the carrying out of any building, (x) any use of land, sea or building as engineering, mining or other operations determined by the Minister. in,on,underoroveranyland; 44,( l) A person shall, before carrying out- Environmental (ii) the making of any material change in authorisation the use of any building or other land; (a) a development as provided for under this Act;

524 Supplement to Official Gazette [5th September 2016] [5th September 2016] Supplement to Official Gazette 525 (b) aprescribed project or activity; or any development, project or activity described in paragraphs (a), (b) or (c) of subsection (1) without an environmental (c) a project or activity in a protected or authorisation as required by that subsection or in breach of any ecologically sensitive area as may be conditions subject to which such an authorisation is granted, prescribed under this Act or any written law, commits an offence. obtain an environmental authorisation from the Ministry. 45.(1) Before the Ministry determines an application for Environment environmental authorisation made under section 44 for a Impact Assessment (2) An application for an environmental authorisation development, project or activity, an Environment Impact Study and the grant of such authorisation shall be made, in the Assessment Study shall be carried out in respect of the prescribed form and in accordance with prescribed procedures. development, project or activity as prescribed by regulations. (3) Where an environmental authorisation is granted in (2) The Minister may, by regulations, prescribe any respect of a development, project or activity, a certificate of matter relating to an Environment Impact Assessment Study environmental authorisation shall be issued fn the prescribed under this section including- form and shall contain such conditions, derogation and validity period as may be necessary. (a) the matt,~rs to be dealt with in an Environment Impact Assessment Study and the (4) Where an environmental authorisation is granted in information to be contained in the report of respect of a development, project or activity, the Ministry shall the study submitted to the Ministry; ensure that the conditions of the authorisation are complied with. (b) the procedure to be followed for carrying out an Environment Impact Assessment Study, (5) The Ministry reserves the right to impose further for the submission of the report of the study conditions in addition to the ones imposed by an environmental and for the fees, if any payable on such authorisation if during the construction or operational phase of submission; any development or project or activity, the Ministry concludes (c) the requirement for the public display and that the proposal is generating any other adverse environmental inspection of, the submission of public impacts not foreseen by the authorisation. comments and the holding of public meetings with respect to, an Environment Impact (6) A person who, notwithstanding any license, permit Assessment Study report submitted to the or approval granted under any other Act- Authority and for the procedures to be followed in relation thereto; (a) commences, proceeds with, carries out, executes or conducts; or (d.) the appointment of competent persons as environmental consultants and officers, in (b) causes to commence, proceed with, carry out, accordance with the Terms of Reference and execute or conduct, EIA conditions.

526 Supplement to Official Gazette [5th September 2016) [5th September 2016) Supplement to Official Gazette 527 Classes of 46. An Environmental Impact Assessment required to population, flora and fauna, habitats, soil, air, EIA water, landscape, and other physical assets be carried out under section 45 shall be an- including historical, artistic and (a) Environmental Impact Assessment class I; archaeological; or (e) any actions or measures which may avoid, (b) Environmental Impact Assessment class II; prevent, change, mitigate or remedy the likely effects of the development, project, or Provisions 47.(1) An Environmental Impact Assessment class I activity on the environment; relating to EIA Class I under section 46( a) shall be carried out for- (f) the inevitable adverse effects that the (a) prescribed projects and activities; development, project or the activity is likely to have on the environment if it is (b) developments, projects and activities in a implemented in the manner proposed by the protected area or an ecologically sensitive proponent; area; (g) the irreversible and irretrievable impact on (c) any other development, project or activity as the commitments of resources which will be detennined by the Ministry. involved by the development, project or activity; (2) An Environmental Impact Assessment class I shall contain a true statement and description of- (h) a study of the feasible alternatives considered, including a summary of all the (a) the location, size and scope of the expected impacts; development, project or activity and a description of the original state of the (i) any actions or measures proposed for environment prior to implementation of the compensating physically or financially for d,evelopment, project or activity; any resulting loss or damage to the environment; (b) the principle, concept and the purpose of the development, project or activity; (j) an environmental monitoring programme; (c) the technical aspects relating to the (k) such other information as may be necessary development, project or the activity; for a proper review of the potential environmental impact of the development, (d) the direct or indirect (environmemtal, social project or the activity. and economic) effects that the development, project or activity is likely to have on the (3) Subject to subsection (4), the proponent of a

528 Supplement to Official Gazette [5th September 2016] [5th September 2016] Supplement to Official Gazette 529 development, project or activity for which an application for (ii) the Environmental Impact Assessment environmental authorisation is made shall - consultant carrying out the (a) be responsible for ensuring that the Environment Impact Assessment Environment Impact Assessment Study in Study in respect of the development, respect of the development, project or activity project or activity; or is carried out; (iii) any relevant Authority; (b) bear the costs of, and associated with, carrying out the Environment Impact (b) analyse the report of an Environment Impact Assessment Study in respect of the Assessment Study provided by the development, project or activity. Environmental Impact Assessment consultant carrying out the study; and (4) An Environment Impact Assessment Study shall be carried out by an Environment Impact Assessment consultant make recommendations to the Ministry. registered in accordance with section 50, who shall submit a report of the study to the Ministry on behalf of the proponent (2) The Minister may by regulations provide for- of the development, project or activity in respect of which the Environment Impact Assessment Study is carried out. (a) the composition of the Committee; and Provisions 48.(1) An Environmental Impact Assessment class II (b) proceedings of the Committee. relating to EIA Class II under section 46(b) shall be carried out for developments, projects and activities other than those specified in section 46 5_0.(1) The Ministry may register a person as an Environmental for which an Environmental Impact Assessment class I is Environmental Impact Assessment consultant to- Impact Assessment required. consultants (a) carry out Environment Impact Assessment (2) The contents of an Environmental Impact Studies with respect to developments, Assessment class II shall be as prescribed by the Minister. project:;; or activities requiring such studies, of the developments, projects or activities; Environmental 49.(1) The Minister may, for the purposes of this Part, Appraisal appoint an Environmental Appraisal Committee to- (b) submit reports on Environment Impact Committee Assessment Studies carried out by the person, (a) evaluate the economic, environmental, social to the Ministry; and legal impacts ofany development, project or activity referred to it, based on the data (2) The Minister may, by regulations, provide for- provided by- (a) the criteria for a person to be registered as an (i) the proponent of the development, Environmental Impact Assessment project or activity; consul1 :ant; [5th September 2016] [5th September 2016] Supplement to Official Gazette 531

530 Supplement to Official Gazette (b) the procedure for registration of 52.( 1) The Ministry may direct the proponent of a Suspension of dev_elopment,_ p~oj~ct or activity to suspend the development, development. Environmental Impact Assessment project or consultants and the fees payable for such pro}e_ct ~r activity if the work on the development, project or activity registration; activity 1s commenced- (c) the preparation and maintenance of a register (a) without an Environment Impact Assessment of registered Environmental Impact Study being carried out; Assessment consultants; (b) without an environmental authorisation (d) the procedure to be followed for the selection being granted; of an Environmental Impact Assessment consultant for carrying out an Environment (c) in breach of any conditions of an Impact Assessment Study; and environmental authorisation. (e) procedural matters involved in the carrying _ (2) _A direction to suspend a project or activity may also out of an Environment Impact Assessment be issued if the proponent has, with the intent to mislead the Study which need to be complied with by an Ministry, concealed, given false information or manipulated Environmental Impact Assessment data in the course of the assessment procedure of the consultant. Environment Impact Assessment Study. (3) A person who- (3) A person who fails to comply with a direction of the Ministry under this section commits an offence. (a) carries out the functions of an Environmental Impact Assessment consultant under this Act 53.( 1) Where the Ministry ascertains that the carrying out Measures to without being registered under this section; or or implementation of a development, project or activity has led reduce impacts on damages t~ an adverse impact on the environment, the Ministry shall caused on the (b) fraudulently purports to be an Environmental direct the proponent to carry out measures to reduce impacts environment Impact Assessment consultant registered cau~ed and compensate for any resulting loss or damage to the under this section, environment. commits an offence. (2) The mode of compensation under subsection (1) Grace Period 51. A person who is already a pr ·acticing Environmental shall be agreed upon by the Ministry and the proponent of the Impact Assessment consultant may, \ vith the approval of the ?evelopm_ent, project or activity which gave rise to the change Ministry, carry out the functions of an Environmental Impact m the environment and where such compensation is monetary, Assessment consultant under this Act \ vithout being registered it shall be paid into the Seychelles Environment Trust Fund as an Environmental Impact Assess1 nent consultant under 1 established by the Environment Trust Fund Order (S.I. 39 of section 50. 1994).

532 Supplement to Official Gazette [5th September 2016] [5th September 2016] Supplement to Official Gazette 533 (3) Where the proponent of the ~evelopment, ~r~ject or activity fails to restore any matte~ specified by the Mm1stry as 55.( 1) Where the Administrator is of the opinion that any Prohibition required by subsection ( 1), the Mm1stry may cause the work to development, project or activity or the manner in which a notice be undertaken and recover the cost from the proponent of the development, project or activity is carried out, involves an development, project or activity. imminent risk of serious pollution of or risk of damage to, the environment, the Administrator may cause to be served on the person owning, managing, in charge of or in control of the PARTY development, project or activity a prohibition notice. ENFORCEMENT (2) A prohibition notice under subsection (1) may be Enforcement 54.( 1) Where the Administrator is of the opinion t~~t a served whether or not- notice person is contravening, or is likely to contravene any prov1s1_on of this Act, the Administrator may cause an enforcement notlce (a) the development, project or activity, or the to be served on the person. manner in which the development, project or activity is carried out, constitutes a (2) An enforcement notice under subsection ( 1) shall - contravention of this Act; (a) state that the Administrator is of the said (b) there is in force in relation to that opinion and specify the provision of the Act development, project or activity, a licence, alleged to be contravened or likely to be permit or approval issued under this Act or contravened; under any other written law. (b) specify the matter consti~uti~g. the (3) A prohibition notice shall - contravention or the matters makmg 1t likely that the contravention will arise, as the case (a) state the opinion of the Administrator; maybe; (b) specify the risk of serious pollution or the risk of damage involved, as well as the way or (c) specify the measures that shall be taken to manner in which the development, project or remedy the contravention or eliminate the activity is carried on, is suspected to give rise likelihood of a contravention as the case may to the risk; be; and (c) specify the measures that shall be taken to (d) specify the period within which the measures remove the risk of pollution or the risk of under paragraph (c) shall be implemented. . damage and the period within which the measures shall be implemented; (3) Any person who fails to . comply wit? an enforcement notice served under subsection (1) commits an (4) A prohibition notice shall not be a bar to a prosecution for any offence, even if there are consultations offence. with the person served with the notice.

534 Supplement to Official Gazette [5th September 2016] [5th September 2016] Supplement to Official Gazette 535 (5) A person who fails to comply with a prohibition (2) A person affected may apply to the Administrator in notice served under subsection ( 1) commits an offence. writing for the amendment of an enforcement notice or a prohibition notice or a nuisance notice. Nuisance 56.( 1) Any person who does an act or omits to discharge a duty and thereby causes any common injury, or risk, or danger, (3) Where the Administrator amends a notice under or damage, or annoyance, or obstructs or causes inconvenience this section, it shall cause to be served on the person affected as to the public in the exercise of their common rights, whether the a variation notice. act or omission complained of is convenient to a larger number of the public than it inconveniences, commits the offence of (4) A variation notice shall - nuisance under this Act. (a) refer to the notice which is being amended; (2) Where the Administrator is of the opinion that a person has committed a nuisance, the Administrator may cause (b) specify the amendment to the notice· ' a nuisance notice to be served on the person. (c) where necessary, vary the date specified in the notice. (3) A nuisance notice under subsection (2) shall - (a) state that the Administrator is of the said (5) A variation notice shall supersede the notice to opinion and specify the source and nature of which it refers to the extent of the amendment and shall be deemed to be a notice served under section 54, 55or section 56, the nuisance; as the case may be. (b) specify the measures that shall be taken to 58.( 1) The Administrator may withdraw an enforcement abate the nuisance; and Withdrawal notice or a prohibition notice or a nuisance notice or a variation notice notice where the Administrator is satisfied that --- (c) specify the period within which the abatement under paragraph (b) shall be implemented. (a) the measures required to be taken in the enforcement notice or prohibition notice or (4) The Minister may prescribe the different types of nuisance notice have been implemented; activities or zones to be exempted from committing a nuisance. (b) there exists no further pollution or risk of (5) A person who fails to comply with a nuisance notice pollution or damage to the environment by served under subsection (2) commits an offence. the development, project or activity to which the notice relates. Variation 57.( 1) The Administrator may, on his own initiative, or on t1llli1..-i..:: an application made to the Administrator under subsection (2), 59. A person aggrieved by an enforcement notice, Appeals amend an enforcement notice or a prohibition notice or a prohibition notice, nuisance notice, variation notice or nuisance notice. withdrawal notice, may appeal to the Appeals Committee in

536 Supplement to Official Gazette [5th September 2016] [5th September 2016] Supplement to Official Gazette 537 the prescribed manner and the Committee may affirm, vary or direction or authorisation served, made, revoke the notice. given or granted under this Act is being or has been complied with; Authorised 60.( I) The Minister may, by regulations - officer (a) appoint a person; or (c) for the purpose of examining and testing any equipment, industrial plant, record, register, (b) designate a public officer or a person document or any other material object; appointed under any other written law, (d) for conducting a search of any premises, to be an authorised officer for the purpose of implementing buildings or moveable assets or items in specific provisions of this Act. which the officer has reason to believe that an o ffencc under this Act has been, is being or is (2) The Minister shall cause to be issued to. every about to be committed; authorised officer appointed or designated under subsection ( 1) an identification badge of the Minister's authority to act as such (e) for seizing any equipment, industrial plant, an officer and an authorised officer shall, during the record, register, document or other material performance of that officer's functions, if so requested, produce object if the officer has reasons to believe that the identification badge of authority. it may furnish evidence of the commission of an offence punishable under this Act or that (3) An authorised officer shall perform t?e functio~s such seizure is necessary to prevent or assigned to it, and have the powers conferred by it, unde~ this mi tigatc pollution; Act or regulations made thereunder. (f) to arrest any person who has committed an (4) A person who will fully delays, obstructs, assault, offence under this Act and hand over the said insults, abuse, misleads, bribes, threatens, cohorts any pc rson to a police officer. authorised officer in the performance of the functions of that officer commits an offence. (2) Every person carrying on any development, project or activity--- Powers of 61.( 1) An authorised officer shall have the right to enter, at entry, all reasonable times with such assistance as the officer inspection, (a) shaf I he hound to render all assistance to an seizure and considers necessary, any place or premises - authorised officer for carrying out their arrest functions under subsection ( 1); and (a) for the performance of any of the functions entrusted to the officer under this Act; (b) if the person fails to render assistance to an autho rizcd officer as required under (b) for the purpose of determining whether any paragr.nph (a) without any reasonable cause provisions of this Act or any notice, order, or excu sc, commits an offence. [5th September 2016] Supplement to Official Gazette 539

538 Supplement to Official Gazette [5th September 2016] Declaration of 62.(1) The Minister may, by notice published in the where the sample is to be taken, collect a environmental gazette, declare an environmental emergency- sample for analysis; emergency and power of arrest (a) where pollution occurs or is apprehended to (c) place or cause the sample collected under occur due to any accident or other unforeseen paragraph (b) to be placed in a container or act or event; or containers which shall be marked, sealed and signed by both the authorised officer and the (b) where in the opinion of the Minister there is an owner, the agent or the person in charge of the imminent risk of serious pollution of the place where the sample is taken; environment. (d) take or send without delay, the container or (2) Where an environmental emergency is declared the containers referred to in paragraph (c) to under subsection (1 ), an authorised officer may, without an environmental laboratory established or warrant, arrest a person reasonably suspected of contravening recognised under section 64. any provision of this Act. (4) When a sample is taken in accordance with Power to 63.(1) An authorised officer shall have the power to take subsection (3) and the authorised officer taking the sample take samples samples of air, water, soil, substance or matter, living or dead, serves on the owner, the agent of the owner or person in charge from any factory, premises or other place in such manner as of the place where the sample is taken, a notice under may be prescribed, for the purpose of analysis. subsection (3) (a)- (2) The result of the analysis of a sample taken under (a) if the owner, the agent of the owner or the subsection ( 1) shall be admissible in evildence in any legal person in charge of the place where the proceeding provided the procedure set out in subsections (3) sample is taken will fully absents himself, the and (4), as the case may be, is followed. authorised officer shall collect the sample for analysis, place the sample or caused it to be (3) In exercising the power to take samples under placed in a container or containers which subsection ( 1) the authorised officer shall -- shall be marked, sealed and signed by the authorised otlicer taking the sample; (a) immediately before taking a sample, serve on the owner, the agent of the owner or the (b) if the the owner, the agent of the owner or the person in charge of the ,place where the person in charge of the place where the sample is to be taken, a notice in the sample is taken is present at the time of taking prescribed form, of the intent ion of the officer the sample but refuses to sign the marked and to have the sample analysed; sealed container or containers in which the sample is placed as required, the marked and (b) in the presence of the owner, t"he agent of the sealed container or containers shall be signed owner or the person in charge of the place by the authorised officer taking the sample

540 Supplement to Official Gazette [5th September 2016] [5th September 2016 J Supplement to Official Gazette 541 and the container or containers shall be taken environmental laboratory and the fees or sent without delay by that authorised payable for such report; and officer for analysis to an environmental laboratory established or recognised under (d) providing for such matters as may be section 64, necessary or expedient to enable the functions or an environmental laboratory to and the authorised officer shall inform the be performed. Government Analyst appointed or recognised as such under section 65, in writing about the 65. The Minister may hy notice published in the Government Gazette, appoint or recognize such person or persons who have Analy st willful absence of the owner, the agent of the the prescribed qualifications to be Government Analysts for owner or the person in charge of the place the purpose of analyzing samples of air, water, soil or other where the sample is taken or, as the case may substance sent for analysis to any environmental laboratory be, the refusal of such persons to sign the established or recognized under section 64. container or containers. 66. Any document purporting to be a report signed by a Reports of Publication of 64.( 1) The Minister may, by notice published m the Government analyst may be used as evidence of the facts Government Environmental Gazette- Analyst Laboratories stated therein in any legal proceedings under this Act. (a) establish one or more environmental PART VI laboratories; OFFENCES AND PENALTIES (b) recognise one or more laboratories or 67.(1) A person who commits an offence under section Fixedpenalty institutes as environmental laboratories, 36(2) or 37(4) is liable on conviction to a fine of not less than SCR5,000 and not exceeding SCR I 00,000 or 2 years to carry out the functions entrusted to an environmental imprisonment or to both such fine and imprisonment. laboratory under this Act. (2) Where an authorised ol'licer has reason to believe (2) The Minister may, make regulations- that a person has committed an offence under section 36(2) or 37(4), the officer may give that person a notice offering the (a) specifying the functions of an environmental person the opportunity of discharging that person's liability to laboratory; conviction for that offence by payment or a fixed penalty. (b) prescribing the procedure for the submission (3) Where a person ii, given a notice under this section to an environmental laboratory of samples in respect of an offencL· collected for analyses or tests; (a) no proceedings shall be instituted for that (c) prescribing the form of the laboratory report offc1KL' before the expiration of fourteen days on analyses and tests conducted by an following 1. he date of the notice; [5th September 2016) Supplement to Official Gazette 543 542 _<:,,';,'j1p!ement to Oflicial Gazette [5th September 2016) ( h) the person shall not be convicted of that 68.(1) A person who commits an offence under section Failure to comply with ~irtcncc if the person pays the fixed penalty 54(3), section 55(5) section 56(5), section 60(4) or section 61 specific before the expiration of that period. (2)(b) is liable upon conviction, to a fine of not less than provisions SCR25,000 and not exceeding to SCR I 00,000 and to 2 years ',:Ji A nuticc under this section shall give such imprisonment or to both such fine and imprisonment. J,,,+ c,: l'ircumstanccs alleged to constitute the ,-Jli •. '"'.,:iry for giving reasonable information of (2) A person who commits an offence under section .'. ;,_,_; i :,-:_n(I l"t~tll--- .. 19(7), section 20 (5), section 21(5), section 22 (2), section 26 (5), section 28(3), section 34(2), section 35 (2), section 38(2) !:i) -Jatc the paiod during which, by virtue of (a), section 39(4), section 40(3), section 42(6), section 44(6), q!b~,cction (3) proceedings shall not be taken section 50(3) or section 52 (3) is liable, on conviction, to a fine for the offence; of not less than SCRI00,000 and not exceeding SCRl,00 0,000 or to 2 years imprisonment or to both such fine and t b) :0 pl'cify the amount of the fixed penalty; and imprisonment. (c) state the person to whom and the address at (3) Where an offence specified in subsection (2) is which the fixed penalty may be paid. committed for a second or subsequent time that person is liable on conviction to imprisonment for not less than 2 years and not ( 5) A fixed penalty specified in a notice under exceeding 7 years. \'1bscction ( 4) may be paid in cash to the person specified in the notice or by postal order or cheque enclosed in a registered 69. Any person who- Penalty for certain acts ,..r ,iddn:s:;cd to that person at the address specified in the (a) destroys, damages, pulls down, removes, injures or defaces any structure, plants or any (6) \\here a letter is sent in accordance with subsection parts thereof, fixtures and features set by the (5), the payment shall be regarded as having been made at the Ministry or any notice or other matter put up, time at which that letter would be: delivered in the ordinary inscribed or placed by or under the authority cnur:;c of po·,t. of the Ministry; The form of a notice under this section shall be as (7) (b) obstructs any person acting under the orders pr:scr,bed by regulations. or directions of the Ministry from exercising their powers and performing their functions (8) The fixed penalty payable pursuant to a notice under this Act; under this section shall, subject to subsection (9), be SCR500. (c) damages any works or property belonging to (9) The Minister may by notice published in the the Ministry; GazetL:, substitute a different amount for the amount specified ;1< pcmilty in subsection (8). (d) fails to furnish to any officer or other

544 Supplement to Official Gazette [5th September 2016] [5th September 2016] Supplement to Official Gazette 545 employee of the Ministry a report or any 71.(1) Subject to subsection (2), where any offence under Offences by information required by the officer or the this Act is committed by a company- companies employee for the purpose of this Act; (a) every person who, at the time the offence was (e) fails to notify or report the occurrence of any committed, was in charge of, and was accident or other unforeseen act to the responsible to, the company for the conduct Ministry; of the business of the company; and (f) in giving a report or any information which (b) the company, the person is required to give under this Act, knowingly makes a statement which is false commits the offence and is liable to be prosecuted and or misleading in any material particular; punished accordingly: (g) assists, participates or contributes in the (2) Nothing contained in subsection (1) shall render commission of an offence under this Act, any person liable to any punishment provided in this Act, if the person proves that the offence was committed without the commits an offence and is liable on knowledge of that person or that the person exercised all due conviction to imprisonment for a term not diligence to prevent the commission of the offence. exceeding 6 months or to a fine not exceeding SCRl 0,000 or to both such fine and (3) Where an offence under this Act is committed with imprisonment. the consent or connivance of, or is attributable to any neglect on the part of any director, Illlanager, secretary or other officer Civil liability 70. In addition to imposing a penalty for an offence of a company, the director, manager, secretary or other officer under this Act, the Court may order the person convicted of the commits that offence and is liable to be prosecuted and offence- punished accordingly. (a) to compensate for any loss or damage to the (4) For the purposes or this section- environment; (a) "company" means a body corporate and (b) to take such steps as may be specified in the includes a pairtnership or other association of order within such time as may be specified in individuals; the order; (b) "director" in1 relation to a partnership, means (c) to pay damages; and a partner in t!he partnership. (d) to prevent, control, abate or mitigate any harm 72.(1) Where a person agrees in writing to the Compounding to the environment caused by the commission compounding of an offence punishable on conviction with of the offence or to prevent the continuance or fine, the Minister may, in consultation with the Attorney recurrence of the offence. General, compound the offen cc as prescribed by regulations. [5th September 2016] Supplement to Official Gazette 547

546 Supplement to Official Gazette [5th September 2016] (6) The Appeals Board shall regulate its own (2) In any proceedings brought against any person for proceedings. an offence against this Act, it shall be a good defence if the pers_on proves that the offence has been compounded under this (7) The Appeals Board may appoint as advisor for a sect10n. specific appeal a person whose specialized knowledge or experience is such that the person is able to assist the Appeals PART VII -APPEALS Board in its deliberations. Appeals 73.( I) There is hereby established an Appeals Board for Boards the purpose of this Act. 74.(1) A person aggrieved by a decision of the Minister, Appeals Authority constitull:d or agency designated under the powers of the Minister untkr the repealed Act or any Authority or (2) The Appeals Board shall consist 5 members Agency established under section 9 of the this Act may appeal appointed by the President- to the Appeals Board. (a) a Chairman; (2) The Minister may make regulations providing for (b) a representative of the Attorney General; the procedure and thL· kc payable, for appeal. (c) 3 persons having knowledge in environmental PART VIII matters. MISCELLANEOUS PROVISIONS (3) The president shall appoint the Chairman and 75.(1) The Mi 11 ist ry may, in relation to its functions under Authority this Act, from tirnc to time, require any person, officer or other to furnish members of the Appeals Board on such terms and conditions as information the President may determine and the appointments shall be authority to furnish to it or to any prescribed authority or published in the Gazette. officer any reporh, returns, statistics, accounts and other information that lllay be required for the purposes of this Act (4) The Chairman and 01ther members of the Appeals and such person, (irliccr, or other authority shall be bound to do Board shall hold office for 3 years and are eligible for so. reappointment. (2) A person who fails to comply with subsection (1), . (5) The president may at any time terminate the on being requirl·d to do so by the Authority, commits an appomtment of a member who has been found guilty of- offence and is liahk on conviction to a fine not exceeding SCRl0,000. (a) any misconduct, default or breach of trust in the discharge of1 that member's duties; or 76. WhL'll' any officer of the Ministry or any person Confidentiality discharging any l'i111ction or duty under this Act discloses ofinfonnation (b) an offence of i mch a nature as renders it otherwise than in thl· performance of the duty of the officer or desirable that th e member's appointment be such person any i11lim11ationrelatingto any trade secret used in tern1inated. carrying on a part 1rnlar development, project or activity and

548 Supplement to Official Gazette [5th September 2016) [5th Septemhn .)o I<1 I Supplement to Official Gazette 549 the information has been given to the officer or such person by 79. No s111t. prosecution or other kgal proceedings Protection for virtue of this Act, the officer or such person commits an offence shall be institutt-d against the Minister, an officer of the action taken in good faith and is liable on conviction, to a fine not exceeding SCRl 0,000 Ministry or a pn:-.1111 L'lnpowered under this Act lt1r any act or and to imprisonment for a term not exceeding one year. omission that is d,111L· or intended to be done in good faith in pursuance of this A1·t 1,r any regulations made thereunder. Furnishing of 77.( 1) Where the discharge of any pollutant in excess of the information prescribed standards occurs or is apprehended to occur due to to the 80.(1) Thl' 1\11111:-.IL'r may make regulations for giving Power to any accident or other unforeseen act or event, the person make authority in effect to the prm h11111s; of this Act and in particular may- regulations certain cases responsible for such discharge and the person in charge of the premises from which the pollutant is discharged shall- (a) p11·--,nibc the form and contents of any notice, , 11 dn or other document authorised or (a) forthwith, report the occurrence of such 11·111111nl bythisActto be made; discharge or the apprehension of such occurrence; (h) p1 onibe fees, levies and charges on p1 ud11cts, goods, equipments or services, as (b) be bound to prevent or mitigate the pollution 111;1\' he considered necessary with a view of caused as a result of such discharge; and t 111· protection of the environment and p11·, rntion, control and ~1batement of (c) be bound, if called upon, to render all 1:11, 1ronmentalpollution"; assistance to the Ministry or such other authorities or agencies as may be prescribed. (c) 11111, 1dc for the registration or persons ,,·;111, 111g out activities under the Act (2) A person who fails to comply with subsection (l)(a), 1111 I11d ing waste dealers and contractors; 1 (b) or (c) commits an offence and is liable on conviction to a fine not exceeding Rl 0,000 and to imprisonment for one year. (d) 11111, 11k for any such matter that may be 1H'll'\'>ary in pursuance of the objects of this 1\1 I Access to 78.( 1) The Ministry may access any property in order to any property carry out works on any drain, wetland and any part of the public (2) Reg11L111011:-. made under this section may provide domain as defined by Article 538 of the Civil Code of for offences and prn;dt 1cs; of fines not exceeding SCR20,000 or Seychelles, which in the opinion of the Authority is necessary imprisonment ol 11·1111s; not exceeding 2 years in respect of for the proper functioning, maintenance, restoration of the those offences. ecosystems functions and services. 81.(1) The pn 1, 1·,1011s of this Act shall be in addition to and Savings (2) Prior to the commencement of any works, the not in derogation II I I Iw provisions ofany other Acts. Ministry shall take all necessary measures to inform the concerned party of such works and to obtain the consent of the (2) AH ach, 10111·, decisions taken, licenses, permits or party concerned. authorisations gra1111·d liv the Minister, officers or employees

550 Supplement to Official Gazette [5th September2016] of the Ministry under the Environment Protection Act, 1994, which were validly done, taken or granted under any written laws or under and pursuant to the repealed Act shall continue to have effect in accordance with the terms or until amended, annulled or withdrawn in accordance with the relevant written laws. (3) Subject to subsection (1), in case of inconsistency between any of the provisions of this Act or the regulations made there under and any other written law for the time being in force, the provisions of this Act shall apply. Repeal and 82.( 1) The Environment Protection Act, 1994 is hereby transitional provisions repealed. (2) Notwithstanding the repeal under subsection (1) any statutory instruments made under the repealed Act, continue to be in force as if made under this Act until amended, replaced or repealed under this Act, unless and to the extent that- (a) the matter provided for under the statutory instrument is provided for in this Act or any statutory instruments made thereunder; (b) the statutory instrument is inconsistent with the provisions of this Act. I certify that this is a correct copy of the Bill which was passed by the National Assembly on 23rdAugust, 2016. Ms. Luisa W.aye-Hive Deputy Clerk