Integrated Marine and Coastal Zone Management Proclamation, 1995

Proclamation No. ( I of 1995 Integrated Marine and Coastal Zone Management Proclamation, 1995 Contents Preamble Part I Art. 1 Art. 2 Art. 3 Art. 4 Art. 5 Art. 6 Art. 7 Management of the Coastal Zone Issuing Authority Short Title Management Authority Coastal Policy Principles Consultation and Coordination Definitions Part II Environmentaleffects of projects Art. 8 Prohibition of unauthorized works in the coastal zone Art. 9 Environmental Impact Statements Art. 10 Environmental Impact Assessments Art. 11 Refusal ofconsent for projects in the coastal zone Art. ~ '2 Prohibition ofprojects in coastal lowlands Art. 13 Exemptions Part III Pollution from land Art. 14 Prohibition ofpolluting activities Art. 15 Dumping and discharge ofwaste Art. j {) Sewage disposal Part IV Pollution from offshore sources Art. 17 Prohibition on pollution from ships Art. 18 International standards Part V Environmentally Hazardous Activities Art. 19 Contingency plans Part VI Protection of the Coastal Environment Art. 20 Protected Areas 1 Integrated Marine &. Coastal Zone Management Proclamation (draft 2) Part VII Enhancement of the Coastal Environment Art. 2 I Proclamation ofmeasures Part VIII Control of Human Activities Art. 22 Tourism Part IX Offences and Penalties Art. 23 Offences Art. 24 Penalties Art. 25 Clean up Costs Art. 26 Administrative Penalties Part X General Provisions Art. 27 Appeals Art. 28 Regulations Art. 29 Delegation ofPowers 2 Integrated Manne & Coastal Zone Management Proclamation (draft 2) Preamble Eritrea has a coastline ofover 1,200 km, marine waters and continental shelfofover 50,000 km-, which are studded with over 350 islands which themselves have a total coastline in excess of 1,200 km. This area is considered to have major potential for food production through fishing and other harvesting of marine organisms, and in tourism, as well as having major significance on a regional and global basis from the point of view ofthe maintenance ofbiodiversity, and of threats from the main Red Sea shipping channel, especially concerned with the exploration, refining and transportation of oil. Eritrea is determined to play its part in managing and protecting its own resources, and those of the world at large. Given the many threats to our maritime and coastal areas - including the possibility ofoil spills, agricultural run-off, increased shipping traffic, tourism, increasing fishing pressure and development along the coast and islands - it is imperative that we act now to take appropriate preventative measures. To this end the Marine Environment Protection Conference was convened in October 1994, resulting in an important final conference Resolution on the major issues. This was followed by the National Environment Management Plan Conference in February 1995. The two processes are closely linked in their objectives, the Marine framework being co-ordinated with the NEMP process, within the Ministry ofMarine Resources. The presently proposed legislation is designed to cover environmental issues in the marine environment and coastal zone ofEritrea, as part ofan overall Environmental Act for the country. The crucial issue of oil in relation to the environment is dealt with elsewhere in Eritrean legislation, namely in the Oil Spill Contingency Plan, and in legislation concerning oil exploration, extraction, transfer, storage and exploitation. Mamg-vnent ofthe marine and coastal areas ofEritrea is seen as a co-operative and consultative process, evolving as necessary with changes in the natural and human worlds. As can be seen from many other areas of the world, it is necessary to manage the human interventions within the natural environment so as to ensure the long term viability of the ecosystems involved, as well as taking fullest advantage of the long and short term benefits offered to human development and the maintenatlc.a;u¥l improvement ofstandards of living. 3 Integrated Marine & Coastal Zone Management Proclamation (draft 2) Proclamation No. [ ) of 1995 Integrated Marine and Coastal Zone Management Proclamation, 1995 WHEREAS the Government of Eritrea is conscious of the need to promote the protection, conservation and sustainable development of the coastal areas ofEritrea; NOW THEREFORE the following law is hereby proclaimed: PART I MANAGEMENT OF THE COASTAL ZONE Art. 1. Issuing Authority This Law has been proclaimed by [the Ministry ofMarine Resources of the Government ofEritrea]. Art. 2. Short Title This law may be cited as the Coastal Management Proclamation of 1995. Art. 3. Definitions (1) For the purposes of these regulations, unless the context otherwise requires: 'Eritrean waters' means any area of water enclosed within the Territorial Waters and Exclusive Economic Zone ofEritrea, now existing or that may be declared in the future; 'coastal lowlands' means any area inland of the coastal zone which is less than [100 metres] in altitude and where activities are likely to have an impact on the environment of the coastal zone; 'coastal zone' means that area of which the seaward boundary is the outer limits of the territorial sea and the landward boundary is a line drawn [1 kilometre] inland of the mean high water springs line, and includes the foreshore and seabed; 'foreshore' means the area bounded on the landward side by a line drawn 100 metres inland of the line of mean high water springs and on the seaward side by the line of mean low water springs, and includes all islands, lagoons, coastal mangrove swamps and .alt marshes; 'island' means an area of land or rock surrounded by water, and that is evident above water at all times; 4 Integrated Marine & Coastal Zone Management Proclamation (draft 2) 'Exclusive Economic Zone' means that area ofoffshore waters over which the State has jurisdiction with regard to preserving the marine environment, but in which all states enjoy freedom of navigation. 'high seas' means areas beyond the continental shelf, thus lying at depths typically greater than 200 metres; 'open sea' means areas of the sea devoid of islands and often out ofsight ofthe shore; 'pollution' means any change to the natural environment which is detrimental to living creatures or to natural systems and processes and which is caused by the introduction ofany substance or energy into the natural environment as a result ofhuman activities; 'Minister' means the Minister of Marine Resources; 'project' means any human activity capable ofhaving a significant effect on the natural environment and includes construction, mining, altering the natural flow ofwater or any activity which pollutes the environment. 'developer' means any person who intends to implement, or is implementing, a project in the coastal zone, and includes organs of the State; (2) Where this law requires any document, thing or action to be approved by the Minister, it shall be deemed to have been approved if it conforms to the current guidelines or requirements issued by the Ministry for the purposes of this law. Art. 4. Management Authority (L) The Ministry, in consultation with other government bodies exercising jurisdiction in the coastal zone, shall be responsible for coordinating the preparation, implementation and periodic review, of an integrated policy for the management and development of the coastal zone ('Integrated Coastal Zone Management policy' - ICZMP). Integration shall be achieved through the periodic consultation and co-operation ofthe Ministry ofMarine Resources, together with those of Energy, Mines and Water Resources, Trade and Industry, Tourism, Agriculture, Provincial administrations, Municipal administrations, local councils of elders, the Prot Authority, Ministry of Defense (Navy), and any successors or modifications of these or other relevant bodies in the future. (2) The Ministry shall promote the formation of appropriate institutional structures with wide representation to facilitate the formulation of integrated coastal policy, and to ensure the ongoing monitoring, implementation and revision ofsuch policy. 5 Integrated Marine & Coastal Zone Management Proclamation (draft 2) 'Exclusive Economic Zone' means that area of offshore waters over which the State has jurisdiction with regard to preserving the marine environment, but in which all states enjoy freedom of navigation. 'high seas' means areas beyond the continental shelf, thus lying at depths typically greater than 200 metres; 'open sea' means areas of the sea devoid of islands and often out of sight of the shore; 'pollution' means any change to the natural environment which is detrimental to living creatures or to natural systems and processes and which is caused by the introduction ofany substance or energy into the natural environment as a result of human activities; 'Minister' means the Minister of Marine Resources; 'project' means any human activity capable of having a significant effect on the natural environment and includes construction, mining, altering the natural flow ofwater or any activity which pollutes the environment. developer' means any person who intends to implement, or is implementing, a project in the coastal zone, and includes organs of the State; (2) Where this law requires any document, thing or action to be approved by the Minister, it shall be deemed to have been approved if it conforms to the current guidelines or requirements issued by the Ministry for the purposes of this law. Art. 4. Management Authority ( I ) The Ministry, in consultation with other government bodies exercising jurisdiction in the coastal zone, shall be responsible for coordinating the preparation, implementation and periodic review, of an integrated policy for the management and development of the coastal zone ('Integrated Coastal Zone Management policy' ~ ICZMP). Integration shall be achieved through the periodic consultation and co-operation of the Ministry ofMarine lZesources, together with those of Energy, Mines and Water Resources, Trade and Industry, Tourism, Agriculture, Provincial administrations, Municipal administrations, local councils of elders, the Prot Authority, Ministry of Defense (Navy), and any successors or modifications of these or other relevant bodies in the future. (2) The Ministry shall promote the formation of appropriate institutional structures with wide representation to facilitate the formulation of integrated coastal policy, and to ensure the ongoing monitoring, implementation and revision of such policy. 5 Integrated Marine & Coastal Zone Management Proclamation (draft 2) (b) wherever possible steps should be taken to anticipate and prevent damage to the environment before e it occurs; (c) the costs of remedying environmental damage and of pollution control and prevention shall be borne by the party or parties responsible for causing the damage or pollution; (d) wherever possible the public shall have free access to the foreshore and the right to use this area for recreation and other legitimate purposes; (e) projects and activities which by their very nature need to located in the coastal zone or which provide desirable services for the use of the foreshore and sea, shall be given priority in the allocation of land in the coastal zone; (f) whenever appropriate, the Ministry and other bodies involved in the formulation and implementation of coastal policy shall consult with parties who have an interest in the coastal zone or are likely to be affected by such policies, such as local communities and indigenous people, non-governmental organizations, resource user groups, academics and the private sector; and (g) whenever appropriate, the Ministry shall exchange information with and cooperate with other states in the region and internationally. Art. 7. Consultation and Coordination (1') The Ministry shall, whenever reasonably possible, consult and work closely with other Government departments active in the coastal zone in formulating or implementing coastal policy which may affect such departments in order to promote consensus on the most appropriate policies to apply and to maximize the efficient and coordinated implementation ofsuch policies. cn Every Government department active in the coastal zone shall cooperate with and assist the Ministry in formulating and implementing an integrated management policy for the coastal zone. PART II Environmental effects of projects Art. 8. Prohibition of unauthorized works in the coastal zone Subject to Articles [13] and [ ], no project shall be carried out in the coastal zone without the consent of the Minister which shall not be withheld unreasonably. 7 Integrated Manne & Coastal Zone Management Proclamauon (draft 2) Art. 9. Environmental Impact Statements ( I) cubject to Article [13Jany person proposing to implement: (a) any project within the coastal zone; or (b) any project within the coastal lowlands which may have a significant impact on any aspect of the natural environment or resources of the coastal zone; (c) any project within the coastal zone or coastal lowlands or which falls with a class of projects in respect of environmental impact assessments are mandatory by virtue of any regulation issued by the Ministry; shall submit an environmental impact statement in an approved form to the Ministry .ctting out details of the proposed project and the anticipated effects on the coastal environment. (2) Ifa developer has reason to believe that a project within the coastal lowlands may have a significant impact on any aspect ofthe natural environment or resources ofthe coastal zone, the developer shall request the Ministry to decide whether or not an environmental impact statement or assessment report is required. Art. 10. Environmental Impact Assessments If the Minister considers it desirable for the sustainable development of the coastal zone, or the protection or conservation of the environment and resources of the coastal zone, uie Minister may require any developer ofa project within the coastal zone or coastal lowlands to conduct an environmental impact assessment ofa project to the satisfaction of the Minister and to submit a report on the assessment to the Ministry. Art. 11. Refusal of consent for projects in the coastal zone if the developer is not able to satisfy the Minister that the implementation of any proposed project in the coastal zone will not, or is highly unlikely, to result in excessive or unnecessary harm to the natural environment or resources of the coastal zone, the Minister shall refuse consent, or grant consent subject to appropriate conditions to ensure that the project is undertaken in an environmentally responsible manner and the risk of damage to the environment is averted or mitigated. Art. 12. Prohibition of projects in coastal lowlands In the case ofprojects in the coastal lowlands which are likely to have an impact on the coastal environment, ifafter considering an environmental impact assessment report and consulting with any other government department which is responsible for controlling the area, activity or developer concerned, the Minister is not satisfied that 8 lntegJ~lC'i ,,!anne & Coastal Zone Management Proclamauon (draft 2) implementation of the proposed project is unlikely to result in excessive or unnecessary harm to the natural environment or resources ofthe coastal zone, the Minister may serve a notice on the developer prohibiting the project or imposing such conditions on the implementation of the project as the Minister considers desirable to ensure that the project is undertaken in an environmentally responsible manner. Art. 13. Exemptions The Minister may exempt any class or particular activity or project from the obligation to submit an environmental impact statement or to conduct an environmental impact assessment, provided that the Minister has reason to believe that this will not prejudice the sustainable development ofthe coastal zone, or the protection or conservation of the environment and resources of the coastal zone. Partm Pollution from land Art. 14. Prohibition of polluting activities (1) Subject to paragraph (2), the Minister, by written notice to the person responsible, may prohibit or restrict any activity in the coastal lowlands, coastal zone or marine areas over which Eritrea exercises sovereign rights, if the Minister has reason to believe that the activity is causing or is likely to cause, excessive harm to, or pollution of, the natural environment or resources of the coastal zone. (2) Prior to issuing a notice under paragraph (1), the Minister shall consult with any other government body which is responsible for controlling the person, area or activity in question with a view to determining the best way ofsecuring the protection of the coastal environment without unnecessary interference with the activity in question. Art. 15. Dumping and discharge of waste Ihe dumping ofany solid waste or the discharge ofany effluent within the foreshore area without a permit from the Ministry is prohibited. Art. 16. Sewage disposal ( I ) No person shall discharge sewage into the sea without a permit from the Ministry. (2) No person shall establish any new waste disposal site or any infrastructure or system for the treatment, collection or disposal of sewage in the coastal zone without the written consent of the Minister. 9 Integnuc« ',:.mne & Coastal ZoneManagement Proclamation (draft 2) (3) All municipalities, planning authorities and other persons responsible for existing systems and infrastructure for the collection, treatment or disposal of sewage or other waste in the coastal zone shall report to the Ministry on current wastedisposal practices and shall submit a plan to the Ministry setting out policies and plans ofaction to achieve environmentally sound disposal methods as soon as possible. The Ministry shall discuss such plans with the parties concerned with a view to agreeing a realistic management plan which the Minister may enforce as if it were prescribed by law. Part IV Pollution from offshore sources Art. 17. Prohibition on pollution from ships No ship in Eritrean waters shall dump any waste, or discharge garbage, ballast water, bilge water or tank flushings or any other noxious or environmentally harmful substance ;nto Eritrean waters. Art. IS. International standards All vessels in Eritrean waters shall comply with all applicable Eritrean standards and generally accepted international obligations and standards relating to the protection of .ne marine environment including those contained in the Convention for the Prevention of Pollution from Ships (MARPOL 73/78) and the Convention on the Prevention of Marine Pollution by Dumping ofWaste and other Matter ('the London Convention'). Part V Environmentally Hazardous Activities Art. 19. Contingency plans (1) Any person engaged in an potentially environmentally hazardous activity in the coastal zone shall prepare contingency plans to deal with emergency situations which may threaten the coastal environment and shall maintain the necessary capacity to implement them. All such plans shall be submitted to the Ministry for approval and the applicant shall notify the Ministry ofany changes in the plan or implementation capacity. (2) If the Minister is not satisfied with any plan the Minister shall notify the applicant and afford the applicant a reasonable time to submit a satisfactory plan failing which the Minister shall request the Government body responsible for controlling the applicant to take appropriate measures to enforce compliance with the Minister's instructions. (3) For the purposes of this Article. 'environmentally hazardous activities' include: oil and gas exploration and exploitation. installations at which oil or petroleum products are 10 Integrated Marine & Coastal Zone Management Proclamation (draft 2) refined, transferred to or from vessels or vehicles, handled or stored in bulk; and the transport storage and processing of chemicals. Part VI Protection of the Coastal Environment Art. 20. Protected Areas (] ) The Minister may. after consultation with the occupiers ofadjoining land, the authorities responsible for other uses of the area, and the appropriate local government council, declare any area of the coastal zone and ofEritrean waters to be a protected area. (2) The Minister may make regulations to ensure the proper administration and management ofany such protected area and may prohibit or restrict human activities within such area. (3) Except as provided for in any regulations or guidelines regulating a protected area or with the written permission ofthe Minister, no person shall destroy or disturb the natural habitat within any protected area. (a) dredge or take any sand or gravel; (b) otherwise ; or (c) fish contrary to any prohibition or restriction under paragraph (2). PartVU Enhancement of the Coastal Environment Article 21. Proclamation of measures ( I) The Minister may by written notice published in a newspaper circulating in the relevant part of the coastal zone or delivered to any person in the coastal zone, require the taking ofany reasonable steps to enhance the sustainable development, protection, conservation or enhancement of the environment in the coastal zone including measures to conserve water, and to re-use and recycle waste. (2) Prior to issuing any notice under paragraph 1, the Minister shall consult with any other affected government department. (3) Any person who believed that compliance with such a notice would place an II Integrated Marine &. Coastal Zone Management Proclamauon (draft 2) unreasonable burden on him or her may apply in writing to the Minister for an exemption, which shall unreasonably be withheld. (4) The Minister may cause a written notice to be served on any person not complying with a notice under paragraph (1) calling on that person to inform the Minister within 30 days of the reasons for non-compliance. If the person does not respond to the satisfaction of the Minister within 30 days the Minister may impose a fine not exceeding [ 50000 Birr] and take other appropriate measures to secure compliance. Part Vill Control of Human Activities Art. 22. Tourism (1) ,\11 government departments responsible for controlling any human activity in the coastal zone which by its nature, intensity or the place in which it occurs, may have a significantly detrimental effect on the natural environment, or infringe the legitimate rights or interests ofother users of the resources of the coastal zone, shall consult with the Ministry with a view to devising, implementing and enforcing policies and guidelines for such activities which will promote the attainment of the objectives of this law. (2) The activities referred to in paragraph 1 include scuba diving, and tourist activities in the Dehalak islands or protected areas. Part IX Offences and Penalties Art. 23 Offences A person commits an offence where that person: (a) [ to be inserted]; (b) (x) contravenes any other provision of this Law. Art. 24 Penalties (1) A person who is convicted ofan offence: Integrated Manne & Coastal Zone Management Proclamation (draft 2) (a) referred to in Articles [ ] is liable to a fine not exceeding [50,000 Birr]; (b) referred to in Articles [ lis liable to a fine not exceeding [20,000 Birr]. Art. 25 Clean up Costs The Ministry may by written notice require any person who is responsible for causing pollution or other damage to the environment or resources of the coastal zone to take appropriate action to remedy such damage or to restore the environment to a standard acceptable to the Ministry and may recover any reasonable costs incurred by the Ministry or any other GovernmentDepartment or agent in taking preventiveor remedial measures m connection with such pollution or damage. Art. 26 Administrative Penalties (1) If the Minister has reason to believe that a person has committed an offence which it would be appropriate to deal with by way of administrative penalty, the Minister may cause a written notice giving details of the alleged offence to be served on that person ('the defendant') and shall afford the defendant a reasonable opportunity of making representations in respect of the alleged offence. (2) Within 60 days ofconsidering any representations made by the defendant, the Minister shall cause a notice to be served on the defendant stating: (a) that no further proceedings will be taken in respect of the alleged offence; or (b) that legal proceedings will be instituted to bring the matter before a court; or (c) the penalty imposed. (3) In dealing with any matter under this Article, the Minister may: (a) impose a fine not exceeding the maximum fine specified for the offence; and (b) where the gravityofthe offence so warrants, cancel any licence or authorization issued under this Law; (c) require the defendant to take or pay for the reasonable costs of specified steps to remedy environmental damage or restore the environment; (d) require the defendant to pay reasonable compensation to any person who suffered financial loss as a result of the pollution or damage in question. (4) Anysum ofmoney received under this paragraph (3)(a) shall be dealt with as though it were a fine imposed by a court. 13 Integrated Marine & Coastal Zone Management Proclamation (draft 2) (5) In any court proceedings brought against any person for an offence under this Law, it shall be a good defence if the person proves that the offence has been dealt with under this Article, that any fine imposed has been paid and that all other requirements of the Minister under this Article have been complied with. PART X GENERAL PROVISIONS Art. 27 . Appeals Any person aggrieved by (a) (b) the suspension, cancellation or variation of a condition of any consent or authorization; (c) a decision of the Minister under Article [ 26]; may, within thirty days, appeal to a court ofcompetent jurisdiction. Art.28 • Regulations ( I ) The Minister may make regulations for the implementation of this Law, including regulations: I a) delimiting the precise boundaries of the foreshore or coastal zone in any particular area; (b) the activities associated with scuba diving in Eritrean waters; (c) the activities of boats engaged in the tourism industry; (d) the harvesting of living, or previously living, marine resources ofany type; (e) the deposition ofhazardous waste or chemicals in any part of the coastal zone or waters ofEritrea; (f) prescribing any other matter which is required or authorized to be prescribed. (2) Regulations made under this Article may provide that their contravention shall constitute an offence and may prescribe fines not exceeding [50,000 Birr] for any offence. 14 Integrated Marine & Coastal Zone Management Proclamation (draft 2) Art. 29. Delegation of Powers The Minister may delegate any of his powers under this Law except the power to make regulations and the power to declare protected areas Note: Items in square brackets thus [ I require consultation/orfinal wording. Marcb 1995 ' A:\COAST.OO3; 9 May t 99 5) 15