Environment Protection Agency (Agricultural and Agro-based industrial Activities) Regulations, Statutory Instrument no. 3 of 2024

STATUTORY INSTRT]MENT Supplemen to tlc Sierra Leotu Extrudinary Gaeae Yol- CLXII No. 8 dated 23rd January, 2024 Srm-rronv lxsrrulcxr No. 3 or 2024 Published 23rd Jarruory, 2024 THE ENVIRONMENT PROTECTION AGENCY ACT,2022 (ACT No. 15 or 2022) . THE ENVIRONMENT PROTECTION AGENCY (AGRICI.NJTURAL AND AGRO.BASED INDUSTRIAL ACTTVITIES) REGULATTON S, 2024 In cxercise of thc powers confcrred on it by paragraph (m) of subsection (2) of scction 77 ofThe Envircnment Protcclion Agency Ad, 2022, the Minister her€by makcs the following Rcgulations PART }-PRELIMINARY l. In these Regulations unl€ss the context otherwise requr€s "Act" meaos Environment Protection Agency Act, 2022 (No. 15 of2@2); "activity" means an agriculftral rmdertaking uudcr paragraph (a) and (b) ofthe First Schedule of the Act which activity includes as commercial tree pla atior! or farming of agricultural crops, comm€rcial livesto€k breeding and meal processing, poultry, processing of iuir and juice, other forms of agro-processing including value addition and semi-processing of agriculnral produce, fertiliser or agro-chemical production or extensive use, sale or use of agrochemicals; Short tittle Definitions 2 "Agency" means the EDvironmcnr Prctcction Agency; "applicant" means an individual or body cryporde who applies for a licence or a renewal of licence under thesc Regulations; "Board" means th€ Board of Directors of the Envtonment Protection AgencY; "environmental impact assessment" means environmental, social and heahh impact assessment; "land" includes water bodies such as rivers, lakes and marine waters used for the purposes fishing or aquaculture or water-related agricultural activities; "licence" means an environmental imPact ass€ssrnent licence granted under these Regulations; "penon" mems an individual or a body corporate; "semi-natural land" means land that has been transformed through human activities but maintains a substantial aspect of its nallral attibutes; "significant agricultural comPotrent" means an agriculnrral practice or farming that is not intended for subsistence or atr activity intended to produce finished or semi-finished agricultural producs on a comncrcial basis; "subsistence agriculture" means farming for household use or domestic consumPtion without a significant surplus for sale; "sustainable agriculture" includes agricultural practices like orgaoic farming and green agriculture. 2. (l) The purpose ofthese Reguladons is the promotion of business-Aiendly agriculture aDd related industries in a sustainable and ecologically sound manner. Purposr 3 @) These Regulations shall apply to an individual or a bodycorporate who is requled, pusuaot to &e Act, to apply to dre Agency for an environmenlal impact assessment licencc in respect ofan agricultural activity or agro-based industial activity. (3) Subject to the First Schedule of the Act, these Regulations shall provide for (a) the conduct of environmental, social and health impact ass€ss nents; (b) the licensing process; and (D substantial changes in environmental resources including the conversion of land to agricultural production, forestry or pastureland, rural development, timber or wood production and processing; (i! significant changes in farming and fisheries practices including the inboduction ofnew crops or fisheries, large-scale mechanisation or the extensive application of manure, fertilisers, or chemicals in agriculture, (iD agro-industries which shall include agro-processing and agri-business; and (iv) relared agro-based activities. (4) The Agency shall co llaborate with relevant ministries, departsnents, and other agencies in the Perfonnance of its duties under these Regulations. (c) renewal oflicences for activities involving 4 Rcgistratior ol activity. applicability of Rcgulirions (2) ofa licence. (, The Board shall exercis€ cootol and supervision' includinr oversigbt responsibility and financial management over tn egun-.V io """-aance with section 9 of the Act' 3. (l) These Regulations aPPIY to (a) agriculnrral and agro-related businesses;' (b) entities aT d activities ftat are specified in subsection (l) of section 24 and subsection ( I ) ofsection 25ofthe Act aDd in accordaDce with the First Schedule' O) For tbe purposes of these Regulations' "g':llYul ,"a "*o-i"-i"t"i u*io".sset .nuu, tu""a on impact" be clsssified as riofi-t "f", *"ai*-scale, aad large-scale activities' (3) These Regulations shall not apply to subsbtence agriculn:re. 4. (l) An applicant who applies !o the Agency for a licance r'rrra"..e*iin ZS of ttre ect shall, at the time of apPlicatio& subrxt Jr*J"i*ih""ti"" to &e chiefdom Envtonment cornmittee or the fiil;;ffi;;co..itt"" io *"otd-"e with subsection (t) of section 72 of the Act. Sub'regulation (1) shall apply in the case of reaewal PAKT TI-APPLICABILITY OF REGULATIONS 5. (l) Where an activity is characterised by a significant "n.i.uiru*i comfonent, or where an actiYity has a wholly. o.r sibstantialty agricuttura or agri-business character' aD applrca snall rriiii a"'""irLy to the Agency for a review to determine tlrc applicability of these Reguldions' Application. 5 @ Where an activity is submitted for a review under sub-regulation 1t; of this Regulation, the Agency shall, withinlhe specifi;d period in the First Schedute to these Regulations, conduct a rerdew oftne activity, and the applicatrt shall Dot mobilise 10 the location nor commenceoperations until such review is complete, and the Agency issues a lic€nce in respect ofthe activity' (3) Whoe the Agency determitres that an activity is of agricultural'or agro-business character in accordance with sub rJgulation (1) of this Regulatioru the Agency shall determine the applicability ofthe Regulations to the activity' (4) A review ofthis Regulation under suEregulation (3) shall comp,rise an evaluation of (a) the sctivity and its potentiat imPacts on rhe environment and climate change impacts' social cfu'cumstances aad public health to determine ${rether the activity complies with' ryplicable laws on environmental protection' sustainabilitY; and (b) related health, social standards including the principles on prevention and precaution' proportionality and adaptive eavironmental management' (5) The Agency shall provide the applicant with a record ofthe review and evaluative documents' (6) The Agency shaU speciS' in accordance widr the First Schedule to these Regulations, the duration ofthe revtew as pronoeo for under sub-regulation (2) ofthis Regulation' 6. (l) where theAgencv mekes a nndinqgt-i1afllry.i Ht## an agricultual undertaking but poses tro :rgn][can:. nsK t-l ]j *tion.n". *rkJr."nt, tb" Agency sball communicate that fact to the applrcant tevi€w' io *ritiog ^a in aicordance with section 26 of the Acl' @) The written communication under sub regulation I of this Reguiation shall be construed as an environmental impact "rr".r.int licence and shall be accompanied by a certificate of exemption. (3) The issuance of a licence in accordance with sub regutation (2) of this Regulation shall not preclude the Agency from re-examining tbe exempted activity where the Agency receives new and material information, discovers significantly new facts, or a fimdamental change occurs in the natural environment, social and health circumstances connected to the activity. (4) Where the Agency determines that a material or fundamental churge has arisen as described under sub-regulation (3) ofthis Regulation, the Agency sball direct the applicaot to apply for a review ofthe activity. (, In respcct ofan appl.ication under subregplation (4) ofthis Regulation, the outcome oflte r€view of such application by the Agency may be (a) an exerrption; (b) a screening list for an activity tbat is designated as low risk; (c) an environmental, social and health management plan in res?ect of an activity thal Pose's mo&rale risk; or (@ an environmenal, social and health impact assessmeBt for an activity with high risk' (Q Where the Agency determines that the activity poses possible significant enviromental, social and health impacts as stated in paragraph (d) ofsub'regulation (5) ofthis Regulation, the Agency shatl direct the applicant to conduct an envirbnmental, social and health impact assessment 6 7 (7) Where the Agency makes such a determination under sub-regularion (6) ofthis Regulatioq it sha[ commrmicate the derision in lYdting to the applicant. 7. (l) The Agency shall conduct screening ofan activity to screening. categorise the activity and decide wtrether an enyironmental, social and health impact assessnent shall be requi(ed to be undertaken by the applicant. @) Where the Agency decides an environmental, social and health impact assessment is required, it shall determine the category and appropriate risk level ofthe activity, as well as its related iopacts over the course of estimated lifetime of the actiYity and in accordance with Part Vt ofthe Act. (3) The Agency shall, by notice, provide for difrerent classifications of activities comprising (a) no significant impact; (b) low inpactj (c) mediun impacti and (d) highimpact (4) The Agency shall classifr agricultural activities and agribusiness operations into small-scale, medium-scale or largo scale for &e purposes of screenhg to determine payment ofthe appropriate fees in accordance with subsection (2) of sectioa 26 ofthe Act and the Second Schedule. (, In the performance of its duties under the Second Schedule of the Ac! the Agency shall (a) consider factors including location, size, scale, level of processing, agro-chemical aild other input, potential impact, risk pos€d to eeological, social and health conditions and the proposed mitigation measues in respect ofthe acrivity; 8 Environmerta!, social ar$ health maraSemenl plan. (b) provide a standardised approach for screening, which document shall be publicly available. 8. (1) Where the Agency determfues that an activiry poses low tomedium envionnental, social and heallh impact, it shall direct the applicant to provide the Agency witi an environmental, social and health management plan. @) Where an applicant is required to und€rtake an environmental impact assessment in the case ofan activity that poses high rish the applicant shall also provide the Agency with an envimtrmental, social and health management plan. (3) An environmental, social and health management plan shall incorporate continual remedial measures that the applicant shall rmdertake duriug the lifetime oftlle activity. (4) The Agency shall monitor compliance with the environmental, social and healtb management plan provided in accordance with sub-regulation (2) of this Regulation and shall intervene where necessary to ensue the applicant complies with the terms of the plan. 9. (1) Where there is likely to be a high impact, the Agency shall direct an applicant to undertake scoping to determine the most significant issues that require study and attention io respect ofthe conduct ofan environmental and social impact assessment. (2) The Agency shall determine dre terms of reference for scoping. 10. (l) The Agency shall review the scoping report to assess pre- existing enyironmental conditions and evalute prospective ervimnmental,social and healtlr impacts. Scoping. Scoping report 9 (2) Subject to sub-regulation (1) ofthis Regulation, the Agency shall consider scoping for cumulative impact assessment for specific localities where pasq present and prospective activities are likely to pose envfuonmental, social and health impacts. PART lII- ISSUANCE OF LICENCE 11. (l) The Agency shall, in accotdance x,ith Patt VI oflhe Act and the Thfud s;hedule thereunder, determine wh€ther an *3""r:L,, environmental impact assessment is required for an agricultural actiYity. @ In accordance with.the Third Schedule of the Act, the terms ofreference in respect oftle conduct of an environmental funpact assessrnent shall include (a) description ofthe activity; (b) delineation of the physical area of the activity; (c) identifrcation of biological and other ecological resornces that will be afected by the activity; (d) identification ofother physical impacts; (e) identification of social impacts; (D identificalion ofhuman health impacts; (g) identific*ion ofhuman rights impacts; (h) idertification of animal and plant health impacts; (f identification ofclim*e inpacrs, and adoption of adaptation and mitigBtion measuresj @ determination of socio-economic impacts; ft) providing.for public comments and consultations; @ comtitution of a team of experts; (m) habitat loss and biodiversity impacts; l0 Envtonmentol statement, (n) identification ofpossible altemative sites for the activity; (o) (p) (c) identification ofchemical usage and impacts; outline of mitigation meariues; legal and regulatory frameworks applicable in respect of the activity; and any additional requirement for the efficient conduct of the assessment. G) Issuance of enyitonmental impoct assessfienl Iicenc€. (3) The Agency shall specify the duration for the conduct of tbe assessment considering tbe overall objective of speed, elficienry and accurary as provided under these Regulations. . l?. (t) The applicant shall submit to the Agency a reporr detailing tbe impactcomponents of the assessment. .. (2) Jhe report requited utrder sub.regulation (l) ofthis Regulatiotr shall inilude a description ofthe cumulative impacts of the proposed activity, stateme on mitigation measures, andprovide for other procedures that the applicani shall undertake prioi to the comm€ncemeDt ofthe activity, during 6e lifetime oftbe ictivity, and after decomrnissioning ofthe ac vity. (3) The report and the statement shall have annexed to them all other reports required under the Act and these Regulati; (4) The Agency shall make the report, statements, and its rcview publicly available. 13. (l) Subject to Se dAection of the Board, the Agency may ls,sue a licence as provided for under these negutati;ns in accordance with paragra.ph (a) ofsubsection (2) ofsection 29 ofthe Act. (2) With respect to the issuance ofa licence, theAgency shall review the environmental impact assessment report (a) *fierc it is satisfied, issue the applicant the Iicence; (b) decline the apptication of the ticence and demand a further assessmenl and submission ofa revised report and statement, or (c) r{ea the report and decline to issue the licence where the impacts posed by the activity outweigh its benefits. 8) Where theAg€ncy issues a licence,lhe opplicant may commence operations subject to the issuance of other permiS ,ni licences as required by law. (4) The issuance of a licence shall be subject to terms and conditions, a breach of wftich may resuh in the cancellation, suspension or modification ofthe licenc€ in accordance with section 32 oftheAct. PARTry.TYPES OF AGRICLTLTURAL AND AGRGBUSINESS I."ANDS 14. (l) In accordance with paragraph (a) of the Frist Schedule, these Regulations shall apply to lands that are not rmder cultivation, partly cultivate( fuuy cultivated or semi-natural lands Jhat have bgen qansformed through agricultural practices and agro business related activities of substantial agriculiural character. (2) Without prejudice to any other legislation in respect of the categorisation of lands, the Agency may, by notice in the national Gazefie, firrther designate lands onty for the purposes of compliance with and application ofihese Regulations. (3) The Agency may, by notice, de-list land as provided lder this Regltlation where therc is a cessation of the activity On the land. Cdego.isrim of ld|ds. 1: Fe*ilis.tion ol lands, usc of &rtiliscr 3r aSIO chemicars, productior of fertilisers srd aglo chemicsl uJage. (4) Where an application for a licenct relates to an activity rvhich shares a boundary rviii or is near a conservation mne including u foiati ,.t"t"". *"tland, buffer zone, and marine protected are4 the Asencv shall aDDlv the highest level of assessment u'ith the overall ou].|t"= ot *uintui"irg ecological integrity ofthe respectiYe zone oriite ana in accoraancc-witt subsection (2) ofsection ?2 and section 73 oftheAct. (5) Where a proposed activity Poses advey impac,ts !o .*tog)"aty t"*itivi siL ftat has been designated purPosely as ;;;#-"; 'zone or biodiversity offset, the Agency shall retuse issuance ofa ticence in accordance with subsection (4) ofsection 68 of the Act (6) This Regulation shall apply to activities that may cause transbouniary environmental, social and health imJucts' (7) For the avoidance ofdoubt, the duty imlosed on-tfe lsencv toiesiroate lands under subsection (l) of secfron 72 of the eli i"i ,n" "ppj-"",lon of these Regulations shall. nol be con:tr.ued to confer on the Agency any powa resewed for 8 ministry or staEtory body responsible for land management' 15. (1) Where an application for a licence involves acricutturat tand that re4uires exleDsive application the of agro cf,emicals, applic*ion shall be reviewed to asscss 6e cnvironmental' ;;;;;i -d h.irh i-p""t. including the development 9l T opr: chemical management planwhich comprises'- but not llmlted to' fertiliser leaching into groutrdwater and otler water sources ln ""."ia*". *i ft pr-S"pn (m) of the First Schedule to the Act' (2) An applicsnt shall submit to the Agency for review an activiry in respeci ofthe extcnsive application of' (a) manure or agicultural compost; and @) pesticides includingweedicides' insecticides' ' ' iodenticides, fungicides' bactericides' and herbicides' l3 (3) Where an application for licencc under tbese Regulations relates to the impon and production of fertilisers and soil improvers, the applicant shall apply for a permit in accordance with section 42 of the Act and the Fiftr Schedulc. (4) Thc proccdures adoped under this Regulation shall equally apply to sustainable agriculture. PART V-WAIER STJPPLY LAND DRAINAGE, AND IRRIGAfiON 16. Where an activity involves livestock production or meat processing which is close to groundwater sounces or otler water bodies, rhe Agency shall, in accordance with subsection (2) ofsection 77of the Act, require a manue or animal waste manag€ment and teatnent plan prior to approval of the activity to prevent seepage and contamination, ?roximity of manu& or anirnal w!3te to ground walcr. 18. Wher€ an activity involves substantial irrigation or lrrigation and drainage ofland for agricultural purposes, ora appria-t $-o[ *bm!ft lard draintsc the activity to tbe Agency for a review to determiDe the aPplicability of these Regulations to the activity., 17. (l) The Agenry shall require an applicant to proyide a Agricuhural prevention or mitigation plan for agricultural runoffs. runoff' (2) The applicant shall provide the plan in subregulation ( t ) ofthis Regulation to the Agency before approval ofthe activiry. (2) The requirements in rqspcct of cxpcfiis€ under sub regulation ( I ) ofthis Regulation applies to staffas well as consultants and experts engaged by the Agency under section 18 of the Act. PARTVI{ONSTJLTANTS 19. (1) A peBon tasked withorrequired operform a ftrnction Erp.rtisc. under these Regulations shall possess demonsrable expertise. Rcgistration of consultlots. 14 Discipline. (3) The Agency may remove a person from the performance ofa function provided under these Regulations where the person faits to discharye the duty in accordance with law and demonsEable expertise. 20. (l) Subject to the payment ofthe appropriate fees, an environmental impact assessmcnt consultant shall register wirh the Agency prior to providing such scrvices. @) The Ageacy, may by notice, prescribe the terms of reference of the registration of consultatrts. (3) An applicant may engage a registered consultant in the performance ofthe processes required under these Regulations. (4) The registration ofa consultant under suFregulation (l) of this Regulation shall be renewed annually subject to the payment of the appropriate fees. ($ The Agency shall maintain a register of consultants which shall be publicly available. 21. (l) TheAgency shall exercise disciplinary oversight over a consultant who is registered under these Regulations. (2) The Board rnay set up a disciplinary coomittee in accordance with sectioD 8 ofrhe Act. (3) The disciplinary proce'ss shall include a hearing; and the penalties include a written caution, an administrative monetary penalty, a suspension for a stated duration, or a permanent removal from the register of consultants. (4) Where a consultant is suspended or removed from the register, that person shall not perform any duties or hold privileges accorded rmder these Regulations. l5 (5) Wherc th€ Board appoinE a commitce, thd cortmittee shall comprise (a) a member appointed by the Agercy who sball preside over the committee; (b) a member nominAed by the consultaos fi,om among the registered consultants as thcir represe ative, and (c) a member nominatcd from among environmental non-goveimental and civil society organisatiors. (6) The Agency may not renew the registration of a consuhant who fails to comply with or neglects to mdertake rernedial mearures in respect of non-compliance with the terms of the registration under these Regulations or arising fiom a disciplinary action. PARTVII.FEES 22 (1) The imposition offees under these Regulations shall F€€ principtc be guided by the general principles of law including faimess, prevention principle, potluter pays principle and sustainable development. @) The levying offees on an applicanr is a precondition for the performance of a duty imposcd on the Agenry under thesc Regulations. B. (l ) An applicant who lodges an aDolication or submirs a ^ reque,st foi ieview -o"r tr""" i"gri"ri"-*li.u;-il;;;;; ; *]*"'"" fee. (2) The requirements wrder sub.regulation (l) of this Regul*ion shall apply in case ofan application for o<pansion ofan existing activity. Z. (l) The assessment offees by the Agency shalt be guidled A$€slmcnt by recovery of administrative costs and operational costs in;un€d of f..r. while processing an application or conducting an assessment uDder these Regulations. l6 (2) The assessnient of fees in sub-regulation (l) shall take into consid€ration, factors such as user predictability atrd the maintenance and protection ofa business-friendly process and shall be in accordance with the fee matrix aod other guidelines developed by the AgencY. (3) Where the Agency determines that a proposed activiry poses no advene environmental, social and health effeas, the Aglncy shall require the applicant to pay for only the cost ofthe issuance of a certificate ofexemption (4) The Agency shall determine the applicable fees payable by the applicant for each stage ofthe process including scoping and tte conduct ofenvironmental, social and health impact assessment; a review and certification of an environmental, social and heatth management Plan; (c) renewal of licence; and (c) public engagements where necessary' 25. (l) The Agcncy shall consider the nature ofa proposed activity, estimated impacts, and risls in settiag fees payable under sub-regulation (1) of this Regulation. @) The determination of fees under this Regulation shall be in accoidance with paragraph @) ofsubsection (l) ofsection 69 ofthc Act %. (r) (a) (b) Dctcntlimtion of fc€s. Consultant fees. The Agency shall (a) provide a scale of fees under these' Regulations in accordance wilh paragmph (c) ofsubsection (2) ofsection 77 ofthe Act; l'7 (b) in consultatiotr with registered consultants, provide guidelines for the detennination of fees chargeable by the consultants in respect ofthe performance ofa sewice or a process under these Regulations; (c) by notice, publish a scale of fees for consultants and subsequent reviews ofsuch fees shall be publicly available. PARTVIII.MISCELI.ANEOUS PROVISIONS n. 0) \lrbere the Agency determines that an existing Existint activity, as of the date ofthe co,-min! into force ofttrese negulations] ;:lii|l;:'' has or is likely to have adverse environmental, social and health " impacts, tteAgency may conduct an environmenal, social and health audit or a strategic environmental, social and health assexment @) Where an activity (a) prior to the issuance of licence, or (b) after the issuance of a licence undergoes changes including changes in management, the applicant shall inform the Agency in accordance with section 33 ofthe Act. 21. (l) The Agency shall direct an applicant to conduct public publicconsultations in accordance with section 2E ofthe Act. commcSts and consultrtioos @) The requirement of public consultations and comments shall talie into account the objective ofthese Regulations io mitigate enviromental, socia.l and health risks and impacts ofthe proposed activity as r+ell as the business interests ofthe applicant. (3) The requirement of public consultations shall, as much as possible, consider the participation of relevant local communities and indigenes residing near the proposed activity. I8 Rcoeual of lic*nce. (4) Where a duty is imposed on a person under the-se n"*tntioi"irte. Uan 6e elency, the Person shall undertaBe public irhttio*, pt-f of which shall be on that person' 29. (l) The Agency shall, in accordance with section 30 of o" i.i tp"'"rry,ntdr1ation and otrer requirements for renewing of a licence. (2) An applicant shalt apply for r-enewal ofthe licence within a reasonable time btd no later thaD 3 months pnor to me expiration of the existing licence' (3) In the application for renewal of a licence' the "ooticant lhal Jtev#"io* ot "hanges that have occurred in.its Jo".ations relatine to ttre environment" includitg I comPrehenslve ;#;;;i t*riri or renedial Eeasures that the applicmt has adtPed in rasPect oftbe activitY' (4) The Agency sball review an aPplication for renewal of licence, taking into consideration (a) the Compliance hisory oftheapplicant' and the environmental' social and health conditions of the place of activity since the issuarce of the lic€nce; and (b) where trere are no sigDificant changes' the Ag€'ncy may renew the licence for a sPecified durdion not exce€ding the term ofthe original licence under section 30 of the Act aDd subject to a lic'ence renewal fee' (5) Whcre an application for renewal oflicence is rejected' the acgrieved applicant may apply to the court for a review in ,"coriLce with section 3l of fte Act' (O TheAgpncy $allnot w bhold the renewal ofa licence withou carse. I9 (/) Where the applicant intends to expand an existing activity on or before the date ofrenewal oflicence, the Agency shall treat the application for renewal as a new application for licence and subject the application to the Act and these Regulations. 30. The Agency shall not redse guidelines for the conduct of No chtigG assessments, reviewi and other proc-esses. reguired unfel 9:* $,,ifrr-ffii Regulations without prior consultation with relevant st keholders consuttaiion. including lhe agricultural sector and agi-business community; enviromental, social and health impact assessment consultants' local councils: ministries; departments; and agencies, local communities, and eovironmental advocacy and civil society organisations. 31. (l) The Agency shall undertake periodic monitoring to Moritoring ensure the operation ofa licensed acrivity complies with the t€rms of the licenc.e in accordanc€ witb section 34 oftie Act. (2) notwithstanding sub-regulation (l), the Agenry may, in accordance with subsection (l) ofsection 35 ofthe Act conduct an unannounced visit to inspect or monitor an activity where the Agency receives credible information that thete has been noncompliance or there is an ongoiag violation ofthe terms ofthe licence including obstruction of an officer of the Agency in contravention of subsection (l) ofsection 4E ofthe Act. (3) where the Agency conducts an unannounced visit in accordance r+'ith sub-regulation (2), the Agency may communicate the fact of the visit to the local council, Chief<lom Environment Committee or the Ward Environment Committee, other statutory agency or ministry within a week ofsucb occurence. (4) Where the Agency decides to conduct a spontaneous visit which is likely to pose security rists, it may infom the police for security arangements. (, A person shall not obstruct the Agency from conducting a search under subcections (2) and (3) of section 34 of the Act. Envitoum€ttd rcport, 20 Offaocca snd pcnaltics. (6) The Agency shall consider the cost ofmonitoring in determining fees under these Regulations' 12. (l) In accordance with paragraph O) of subsection (I) ofseaion ij ofthe Act, a person in charyp ofa licensed activity shall n,-irtt tlt" Agency with a rcport stating the nature o!i.ts gqerations, "r"iror.*t"i toiiut and health changes, operational incidents' aDd oritiluting ,i"r*". the Person has taken in the year under consideration. (2) A report required under sub-regulation (l) shr[ be submitted annuallY. (3) Without prejudice to sub-regulation (2), the Agency may request additional reporting if it considers it necessary' 33. (l) A Person or entity that (a) fails to register an activity with the Agency and a designated bodY under th€ Act; o) (c) commences an activity without having obtained a licence or received an exemption for the activity: fails to conduct an enviroDmental impact assessment for an activity that requires such an assessment bfore commencement of the activiry; (d) tnowingty or witfuUy submits or provides the' ' Agency with information required under thise Regulations which the person knows or ought to know to be false; or (e) engages in an activity other thatr the activity ' ' for-w]rich dre issuance ofa licence was made or fails to comply with the terms of such licence, 21 commits an offence and is liable on conviction to the penalty imposed under subsections (2) and (3) of section 24 ofrhe Act. @) The offences lisled uader sub-regulation (l) relate to breaches of subsection (l) of section 24 of tte Act in respect of the conduct of an environmental inrpact assessment. (3) A person.conravenes (a) subsertion (l) of section 24 of the Act and sub-rcgulation (1); (b) subsection (l) ofsection 33 ofthe Act, (c) section 34 ofthe Act, (d) section 35 of the Act or (e) any other off€nce underlheAct for which no penalty has treen specifically provided for in the Act, commits an offence and is liable upon conviction to the penalty imposed urder soction 75 oftheAct in r€speci ofgeneral offemes. (5) A person who fails to k€ep r€cords as rcquired mder section subsection (1) of 53 of the Act, commits an offence and is liable upon conviction, to the penalq provided mder subsection (3) section 53(3) ofthe Act. (O A person who (a) hils to comply wilh decommissioning under the Act or these Regulations; (b) frils to comply with a directive oftheAgency under the Act or these Regulalions; or (c) contravenes any other provision of these Regulations, commits an offence and is liable upon conviction, to the penalty provided under section 76 of the Act. 2. Publiqation sod of uoticrs. @ Without prejudice to the penalties provided under the Act, excludirg offences und€r section 24 ofthe Act, the AgeDcy may issue wamings and final notices to an offending person' (8) In accordance with section 32 oftheAc! the Agency may, in addition to a firc and a term of imprisonment, suspend drc activity for a specified period, order a cessation ofthe activity for an unspecified pcriod subject to.proof of corrective measures, or terminate ihe activity by revoking the licence or certificate of exemption. y. (l) The Agency shall, in accordance with s€ctions 49, 50 subsection (2) of section 69 of the Ac! publish notices required under these Regrrlations, Guidelines, fee matrices or other public information wih rcspect !o matters requLed under these Regulations in (a) the Garctte, and (b) at leasl, one leading national news outlet' B 4.14 i1.15 4.16 4.17 4. !9 4.2 5 5.1 5.2.1 5.2.2 5.2.3 5.3 5.3.1 5.3.2 5.3.3 5.4 5.5 5.6 5.7 of and 20 1.30 50 170 M€nufaduring oloil, nErgarine and a i6d producis 't0 1.00 Pharrscsrtical aod Birechnology ProducG manufactjrirxl 1 .'t 8 !,{anufacture of Explosives 140 Oth€I Maoutaciunng (dai y, slgar) 10 100 Other Plsnl and aninal bassd p{oducts 10 1.00 tllplc{ on tl. Idural €rM.onmaflt Birri\,e6ity loss 75 1.88 Dslorestation 100 2.OO 50 1.70 Bot\ €en 2 and 5 HA 75 188 Above sHA 100 2.OO Veg€dation qEaring Less than 2HA 1.40 Bet.€6n 2End 5 HA 50 170 75 1.88 100 2.00 frGioo of tcp soil 75 1.88 100 200 't 00 2.00 The p.oi6d iflpad oo 6stJEries and re({E of Bt {rd cruslacsrrg The !!q P.oioct hpa{i on rEnqrove impact on beach€s 't 00 2.00 50 1.70 oil bet!,ve€n 20 - 1(A Liters 1.88 oil above ,00 Lke6 100 200 25 140 25 1.40 NO2 25 1.40 140 25 1 44co 50 170 Etlocla ofl wrrte. H 40 1.60 160 50 170 30 144 40 >12(j{lActivity lo.}dii€ to T 30 ].€q r.4a 5.8 5.9 5.9.r 5 9.2 5.9.3 6.1 6.1 1 1 2 6.1.1 6. 3 1 8.1 I 1..1 6.1.1 6-2-1 622 6.2 3 6.2.4 6.2.5 626 5 6.2 7 30 148 Less lfian 2HA Above sHA Diwrsion of waterw€ys Pot ntill lor oil .plll Oil Stills < 2olitars Envlronlrttal Polh^dge Erc...Ingn.riorEl $..tdrrt tlttlo Gui&lh.s E M on amtior rir quality Activity lo rl'ed wat€r oH (DH<61 Oil .n l or€a3. >l5mo4 (3) The issuance of a certificate ofexemplion is subject to atr adminisEative fee. (4) revisioDs B The Agency shall, by notice, publish the schedule offe€s and subs€quent Regulation 24 (l) A consulant shall not charge for work done more than the scal€ offees. (2) The scale of fees for consultants shall consider facton including: (a) size ofthe activity which shall be classified as small-scale, medirun scale, and lunge O) the estiDated value ofth acth/ity, and (c) the proposed lifecycle ofthe activity. (4) The consultant fees for a medium-scale activity shall not exceed seven and a halfpercent ofthe estimaled value ofthe activity. (5) The consultant fces for a large-scale activity shall not excd ten perce ofthe cstimated valrrc ofrhe sctivity. MR JIWOH E. ABDI,JLAI Minisler of E Nironmenl and Climate Change FREETOIVII, SIERRALEONE. Prnrrgo er.o hBl-tsrsl By rHE GoVERNMBI PRnarB,rG DEr^rri,lENr, SERR^ LEoNE. Enuonoutx G,certt No.8 or 23ro Jem:erv, 2024. (3) The consuhant fees for a small-scale activity sball not excced fivc p€rcent oftbe estimated value ofUe actiyity. Made this 23rd day o/ January, 2024