Environment Protection Act (No. 2 of 2000)

6 ,, I . I , t· '.,it ACTS Supplement to the Sierra Leone Gazette Vol. CXXXI, No. 14 dated 2nd March, 2000 Section THE ENVIRONMENT PROTECTION ACT. 2000 ARRANGEMENT OF SECTIONS PART I - PRELIMINARY 1. Interpretation 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. PART II - ADMINISTRATION ~tablishment of the National Environment Protection Board Composition and tenure of office of'the Board Functions of the Board Meetings of the Board Committees Procedure of Board and committees Honoratium Duties of Minister Power to delegate Department of the Environment Re~ponsibilities of the Department Duties of the Director PART III - ENVIRONMENTAL IMPACT ASSESSMENTS 14. Prohibition of certain activities 15. Application for and issue of licences 16. Director to decide on need for environmental impact assessments 17. Director to issue licences 18. Applicant to prepare environmental impact assessment 19. Public comments 20. 'Director to submit comments, etc. to Board 21. Director to issue licences 22. Effect of licences 23. Renewal of licences 24. Appeal against decision 2.5. ncence rees 26. Cancellation. suspension or modification of licences Z1. Transferability of licences 28. Register 29. Director to monitor projects 30. Duties of owners of projects 31. Identification of authorised officers 32 Protection of officers 33. Financial security 34. Environmental standards 35. Toxic and ba7.ardous substances 36. Nolification to the ~nister 37. Legal proceedings j PART IV - THE NATIONAL ENVJR0NMENT FUND 38. &tablishment of the National Environment Fund 39. pbjectives of the Fund 40. Accounts and audit 41. Regulations PART V - REGULATIONS FIRST SCHEPULE SECON0 SCHEDUIB THIRD SCHFDULE SIGNED this 28th day of February, 2000. .----- ....... "~---.. ~ ~ ALHAJI AHMAD TEJAN KABBAH, · President. . No. 2 2000 Sierra LeoQe The Environment Protection A~- 2000 . Short title. Being an Act to provide for the· effedive proteetlon of the environment, the administrative machinery to ensure suell • protection and for other related matters. [2nd March. 2000] Dale m Ow•NOtSlffl ENACTED by the President and M~mbe~ of Parliament in this mad. present Parliament usembled. · 2 No.·2 Interpreiation. Environment Protection Act 2000 PART I - PRELIMINARY 1. In this Act, unless the context otherwise requires "air' includes air within a building, a vehicle or any enclosure or structure or the air space of Sierra Leone; "airspace" means the airspace within the territorial fimits of Sierra Leone; "Director" means the Di.rector for the Department of the Environment of the Ministry; "discharge" includes deposit, emission or leakage; "disposal" includes both land-based disposal. and dumping in waters and airspace of Sierra Leone; "effluent limitation" means any restriction established by the Ministry on quantities, rates and concentration of chemical, physical, biological or other constituents which are discharged from point sources or other sources into the waters of Sierra Leone· or on, or into the land. "environment" includes land, air, water and all plants, animals and human beings, living therein and the inter-relationship which exists among these or any of them; ' "licence" means environmental impact assessment ·, licence; "Minister" means . the Minister charged with responsibility for the environment; "Ministry" means the Ministry charged with responsibility for the environment~ ~•monitori~1g" includes the inspection,. measurement, sampling or analysis of the discharge of a pollutant or of any envi~nmental medium in any locality, whether periodically or continuously; · ' '\ + No.2 Environment Protection Act 2000 A "off shore facility" means any facility of any kind located over, in, on, or under any of the waters of Siena Leone; "onshore facility" means any facility of any kind >,< (including motor vehicles and rolling stock) located over, in or under any land within Sierra Leone other than submerged land; "owner" includes (a) in the case of a vessel the owner, operator or I charterer of the vessel; I I t I (b) in the case of an onshore facility or an offshore facility, the owner or operator of such facility; (c) in the case of any abandoned offshore facility, the owner or operator of such facility immediately before its abandonment; and ~-· (d) in the case of a project, a person managing or controlling such project; "pollution" means any natural, man-made or man-aided alte~on of the chemical, physical or biol~cal quality of the environment to the extent that is detrimental to (he environment or beyond acceptable limits and # .f,,,. pollutants shall be construed accordingly; . \ "prescribe" means prescribe by regulations; "project"' means 311y activity. which requires a licence i underthis Act; ~ , ··1 i "removal" means removal of hazardous substances I from the air, land or water, including·shorelines or the taking of such other action as may be necessary: to minimize damage to public ~th or welfare, ecology and natural resources of Sierra Leone; I,......-,. 4 Environme,µ Protection Act 2000 , "standards" includes criteria and specifications; "waters of Sierra Leone" means all water resources in . any form, including atmospheric, surface and sub swface and underground waterresources whether the water resources are in territorial waters, Exclusive Economic Zone or any area under the jurisdiction of the Republic of Sierra Loone. PART II-ADMINISTRATION Establis~t- 1. There is hereby established the National Environment ~~r:~ Protection Board (bereinafter ref erred to as "the Boarcr'). Protection Board Composition and tenure of office of the Board. 3. (1) The Board shall comprise ~ r ~ (a) a chairman who~ comiderable knowledge and experience in environmental matters; and (b) twelve other persons. (2) The chairman and other members of the Board shall be appointed by the President with the approval of Parliament (3) ~ member of the Board including the chairman shall hold office for a term of three years and may be re-appointed. {4) The chairman or any other member of the Board may resign his office by written notice to the Minister and may be removed from office by a Tribunal'f or inability to discharge the functions of his office. {5) A Tribunal shall be comtituted by the Minister and shall consist of a chait:man and two other persons. (6) A Tribunal shall regulate the procedure for its sittings; but the member of the Board concerned shall be heard before any decision is taken by the Board concerning such person. ~ ex 4. The Board sball dle Baard. (a) facilitate coordination, cooperation and collaboratioli among Government Ministries, local authorities and other govemmeiltal agencies in al1: areas relating to environmental protection~ .. .;) ·• • ~ ~ r No.2 Environment Protection Act .. (b) review national and sectoral environmental policies and make such recommendations or ~ it may think neoossaiy to the Mimster; (c) review environmental impact assessments prepared pursuant . to this Act and mate appropriate recommendations to the Dm,ctor; (d) investigate or cause to be investipted. any activity, occurrence or transaction which it considers is likely to have or result in bumfu.l consequences to the environment and advise on meuures neoossary to prevent or minimise such consequences; (e) advise the Minister on areas of environmental protection and control requiring special or additional measures, indicating the piomies and specific goals to be achieved; (f) undertake or cause to be undertatal specific studies and research aimed at developing strategies for the protection of 1he eavironmmt and make appropriate recom~ to the Minister; and (g) consider any odlermattem which may berefened to it by the Minister and make appropriate recommendations or proposals thl::mlm.. S. (I) Subject to the provisions of dlis seclim, the Bcadshall Mtt.li•rp of meet at such times and places as it thinks ~t for the llaDSaClion die Boad. of its business. (2) Special meetings of the Baud may be convened at the request of the Minister. (3) The quorum for a meeting<» 1he Boanl shall be seven. (4) Tbecbaimrm shall preside at meelingsof theBomdaod in his absence a member of the BoaRI appointed by die membem present shall preside. s L 6 No.2 Environment Protection Act 2000 (5) The Board may co-opt any person to advise it on any issue at its meetings and such co-opted person may participate in the deliberations of the Board but shall not vote on any matter for decision by the Board. (6) Decisions at meetings of the Board shall be taken by a majority of the members present and voting and the chainnan or other person presiding shall, in the event of equality in votes, have a C&lSting vote. · Committees. ,. The Board may establish and constitute ,uch committees thereof to perfonn such functions as it may think necessary. Pr~ure d 1. Subject to the provisions of this Act, the Board aid committees ~':!.. thereof shall regulate the procedure at their meetings. Honorarium. 8. Members of the Board and committees thereof s~n be paid Outiese1 Minister. such honorarium as the Minister after consultation with the Mnister for Finance may determine.· 9. (1) The Minister shall have responsibility for (a) the setting of national environmental goru and objectives and proposing and developing ~ies on all aspects concerning environme.ta} ptotection and management; (b) requesting and receiving information froL Government Ministries, local authorities and othe1 agencies on actions or measures taken, being taken or planned where in the opinion of the Minister such actions or measures have resulted or are expected to result in harm to the environment; (c) the implementation of the provisions of international conventions and protocols on the environment acceded to by Sierra Leone; No.2 < • Hnvironment Protection Act 2000 (d) the provision within the resources available, of information, advice, technical or other assistance to Government Ministries, local authorities and other agencies with regard to any measures ~r actions to be taken or required for the protection of the environment and the preservation of the ecology; (e) the issuance of notifications or demands for remedial action if in the opinion of the Minister, any action taken, being taken or planned does not or will not conform to the requirement., of this Act; (0 reviewing the prog-ress made in the implementation of the National Environmental Action Plan and issuing such directions as are necessary. (2) The Minister shall seek and promote co-operation and collaboration with other Ministers and international bodies concerned with programmes and activities having impact Qll the environment in order to co-ordinate and facilitate the most rational use of available resources for the protection and preservation of the environment (3) The Minister shall 1co-operate~·with a~d assist non governmental organisations, industries, voluntary associations and groups for the purpose of fostering and increasing awareness of the necessity for protecting the environment and identifying and publicising effective and realistic strategies and measures for protecting the environment. 10. ( 1) Subject to subsection (2), the Minister may delegate any Power to of his powers and responsibilities under this Acl to the Director or such delegate. officer within the Ministry as he may think fit (2) The Minister shall not delegate his PQWer to make regulations under section 41. 7 i 8 No.2 &vironment Protection Act 2000 Deparlmentof 11. -• (1) There is hereby established within the Ministry the the F.nvironment. Department of the Environmen.L (2) -The Department shall be headed by the Director who shall be a public officer. (3) 1\e Director shall be professionally knowledgeable in environmen1al protection matters. Respomibilities 12. (1) The Depamnent of the Environment shall, subject to oflhe this Act, coordinate all the environmentally related activities of Department. Government Ministries and local authorities and act as the focal point of all Didional and international environmental matters relating to Siemi Leone. . (2) In addition to its duties under subsection (l),., the Department shall (a) -pro~ote the formulation of national environmental goals and strategies; (b) formulate or promote the formulation of,., and .tnonitor the implementation of environmental policies,., programmes and projects,., standards and r.egulations; (c) advi~ the Minister on environmental matters; (d) establish and coordinate working groups to study specific environmental problems or issues; .; (e) promote and support environmental education and training; (f) panicipate at crucial stages of the government's I review of development programmes through environmental impact assessment reports; (g) prepare and publish overall assessment of the state of the environment; No.l Environment Protection Act 2111 (h) cooroinate and monitor the implementation cl national environmental policies; (i) cooperate with Government Ministries, local authorities and other agencies on matters mating to environmental protection and ·management; (i) collect and make available to the public or interested persons or organisations, through publications and other appqxiate meam and in oooperation with public or private otpni7a1ions, environmental data and information; (k) promote the establishment of national environmental standan:ls; (l) provide secretarial services to the Board and other subsidiary bodies; {m) canyoutotherdldiesasarenecessaryorexpedient for the full discharge" its duties under this Act 13. ( l) The Director shall, subject to the policy guiclana: of the ~es of the Minister have responsibility for the implementation of the- National Dim:tor. Environmental Action Plan. (2) The Director~y in writing designate any officer<# the Department as an authorised officer and,may delegate to such officer any of the powers or duties conferred on him by this Act PART III - ENVIRONMENTAL IMPACT ASSESSMF.NTS 9 14. (1) Except as otherwise provided in this Act and Prohibitiooof notwithstanding the provisions of any enactment, no person shall ~ undertake or cause to be undertaken any of the proje.cts set out in the amvafie!. RntSchedule uni~ be bolds a valid licence in respect of such project (2) -Any person wbooontravenes the provisionsd subsedion (I) commi~ an offence and is liable on conviction to· a fine not exceeding five million leones in the case of a citizen or Siena Leone and five thousand United States dollars in the case of noo-citizens cL Sierra Leooe or to a term of imprisonment not exceeding two years or to bolh the fine and imprisonment. 10 Application for and issue of licences. No.2 Environment Protection Act 2000 ( 15. ( 1) Notwithstanding the provisions of any enactment, any person who wishes to undertake or cause to be undertak:e1t1my of the projects set out in the First Schedule shall apply to the Director for a licence. (2) An application shall be accompanied by a description of the project proposed to be undertaken. Director to 16. (1) The Director shall, within fourteen days of receiving an 1;ide on need application and after consultation with the Board decide whether an environmental environmental impact assessment is required.in respect of the project impact . assessments. (2) The matters set out in the Second Schedule shall be Director to issue licence. Applicant to prepare environmental impact " assessment. Public comments. taken into consideration when a deci~on is being taken as to whether an environmental impact assessment is required in respect of any project. 17. Where a decision has· been taken that an environmental impact assessment is not required in respect of any project the Director shall issue to the applicant a licence. 18. ( 1) An applicant shall, where a decision has been taken that a project so requires, prepare and submit to the Director an environ mental impact assessment in respect of the project. (2) An envi~nmental impact assessment shall contain the information set out in the Third Schedule. 19. ( 1) The Director shall, after receiving ap environment impact assessment, circulate it to professional bodies or associations, Government Ministries and non-governmental organisations for their comments. (2) Without prejudice to subsection (1), the Director shall make an environmental impact assessment open for public inspection and comments and he shall give notice to that effect in two consecutive issues of the Gazette and two issues in a newspaper; except that in the case of a newspaper there shall be an interval of it least seven days between the first and second publications.· No.2 Environment Protection Act 2000 (3) Comments made under this section shall be submitted within fourteen days of the last publication in the Gazette or newspaper as the case may be, to the Director. :r 20. ( 1) The Director shall, after recel~jng the comments on an Director to 11 environmental impact assessment, submit the environmental impact submit th . th th - th h B d " . comments etc. assessment toge er w1 e comments ereon tot e oar 1or its to Board. consideration. (2) The Board may, after considering the environmental impact assessment and the comments thereof, if any , ( a) refer them back to the Director with a direction to issue a licence on such terms and conditions as it considers appropriate; (b) require the applicant to f umish additional information as may be needed to determine the environmental impact of the activity; or ( c) disapprove the environmental impact assessment where it is satisfied that the project and the alternatives proposed in the assessment will have significant adverse effect on the environment, people or society. (3) An environmental impact assessment referred: back to the applicant under paragraph (b) of subsection (2) for additional inf onnation shall be resubmitted within twenty-one days of the date of the reference failing which the application lapses. · (4) Wb£;re an environmental impact assessment has ·been disapproved the application in respect of the project shall be rejected · by the Director. 21. Without prejudice to section 17, the Director shall, where the Director to Board so directs, issue a licence to an applicant in respect of a project. issue licences. 22. An environmental impact assessment licence issued under Fif ect of this Act shall- · · licences. 12 Renewal of licences. No • .2 Environment Protection Act (a) be in the prescribed form; (b) authorise the licensee to undertake such activity as may be specified therein; (c) be-valid for twelve months from the date of issue or such period as the Director may determine; and (d) contain sucb conditions as may be necessary for the protection of the environment. D. A licence may at~ expiration of the period specified in it be renewed by the Director upon application by the owner of the project, for such further period as the Director may determine. A~ against 24. A.ny person aggrieved by a decision to reject his application deciSIOIL or not to renew his licence may appeal to-the High Court. Licence fees. CancellatiOQ. suspemioo or modificalioo of licences 25. The Minister may by regulations prescribe fees for licences is.wed under this Act . 26. ( l) Where . (a) the terms and conditions of a licence are not being ~ complied with or have been contravened; or (b) there is.a substantial change in the operations of a project resulting in an adverse effect on the environmen~ the Director may in consultation with the Board (i) cancel the licence; (ii) suspend the licence for such time as he thinks appropriate; or (iii) impose additional or modified conditions for the licence. No.2 ·· Environment Protection Act .13 . (2) The Director shall notify the holder or irlicence-wbiclr- ---·-·----·--· ---- has been cancelled, suspended or on which ~tional conditions have been impose4, of such cancellati°' suspension or the imposition of additional conditions. ~ ., (3) The Director may, in addition to the powers confened under subsection (I) prescribe measures to be~ by the owner of the project to abate such adverse effects on or~ any damage, ~ the environment (4) The Director may impose such tenns and conditioos as I he may think necessary for the resumption of operations of a project in respect of which a licence has been cancelled ors~ (5) Any person aggrieved by a decision to cancel orsuspead a licence may, within fourteen days of the notificationdthe~lalioo or suspension appeal to the High Court. .. 17. ( l) Subject to die provisions of~ section, licences are not Transferability transferable. cf licences. (2) Where prior to the issue of a licence in respect of a project the ownership, oontrol or management of that project changes,. the previous ownel" and the new owner shall ~ notify the Director in writing within fourteen days of the transfer of ownership, oontrol or . management (3) Upon notification pursuant to subsection (2), the new owner shall be deemed to be the applicant for a licence. (4) Where after the issue ex a licence in~ of a project the ownership, control or management of that poject changes, the previous owner and the new owner shall both notify the Director within fourteen days of the transfer of ownership, oon~ or managemenL (5) The Director shall, upon due ootifi.cation and fulfilment of relevant conditions by the.new owner endorse the licence and the transfer shall be Valid upon such endorsement .t· f .. 14 Register. Director to monitor . projects. No.2 Environment Protection Act 2000 (6) AnY; person who, being the previous owner or new owner of a project fails, after a transfer to notify the Director as required in this section, commits.an offence and is liable on conviction to a fine not exceeding three million leones in the case of a citizen of Sierra Leone and one thousand five hundred United States dollars in the case of a non-citizen of Sierra Leone or to a term of imprisonment not exceeding one year; and the licence in respect of that project shall be deemed cancelled at the expiration of the fourteen day period. 28. ( l) The Director shall maintain a register in which he shall record such particulars relating to licences issued as may be prescribed. (2) The Director shall effect changes in particulars and rectify any clerical errors in the register or other document containing extracts from the register. 29. (1) The Director shall monitor all projects in respect of which licences have been issued in order to assess their effect on the environment or ascertain compliance with the provisions of this Act. (2) For the effective exercise of the powers in subsection (I) the Director may (a) request from the owner of a project information or documentation pertaining to the project including any licence issued under this Act; . (b) enter a.ny premises where a project is being undertaken and inspect the project. · (3) Where the Director has reasonable grounds to believe an offence has been committed or is about to be committed against this Act, he inay without a warrant (a) · enter, inspect and search any premises, vessel, vehicle or-facility in which he has reasonable grounds .to believe an offence has been or is being committed; (b) perfonntests and take samples of any substances relating to such offence; aJ No.2 Environment Protection Act 2000 (c) seize any document, item or substance which he has reasonable grounds to believe has been used in the commission of such offence orin respect of which an offence has been committed; or ( d) arrest any person whom he suspects to have committed an offence. ( 4) A receipt shall be gi\'cn for anything seized under this section stating therein the grounds for the sciture. (5) Any person arrested without a warrant under this section shall be taken to the nearest police station. 30. ( l) The owner of a project ~haH pl'.rm1 t anJ assist the Duties of Director lo have full access to- owner~ ul projects. ( a) the project premi sc~ and the project w henc\ er lhe Director thinks necessary for the exercise of his powers under this Act; or (b) the project's rennJ~. (2) Any owner who fails to comply with subsection (l) commits an offence and is liable on cort\'ict10n to a tine not exceeding five hundred thousand le~mes or to a term of imprisonment not exceeding one year or to both the fine and imprisonment. 15 31. ( 1) An authorised officer when exercising any of the JX)Wers Identification conferred by this Act shall, on request, produce identification to show offfiaulhorised o cers. that he is an authorised officer. (2) Notwithstanding the provisions of this Act, no person shall be deemed to have committed an offence under this Act where an authorised officer refuses or fails :o comply with a request to produce identification pursuant to subsection ( 1 ). MU 16 No.2 Environment Protection Act 2000 ·····--·Protecuooof--~----- ·32:-- -No person acting in pursuance of the functions conferred on <ificers. him by this Act shall. be subject to any civil or criminal liability in respect of such act, whether on the grounds of want of jurisdiction, mistake of law or fact or any other ground, unless he acted in bad faith and without reasonable cause. Financial ·- security. Environmental standards. 33. (1) The fyiinister may by statutory instrument make ·regulations providing that persons responsible for specified projects shall take and maintain insurance or other appropriate financial security to guarantee payment of compensation for damage caused as a result of the operations of the project or the payment for preventive measures or ·restorative action where necessary. (2) Regulations made under this section shall specify the minimum amount of in surance or other appropriate financial security to be maintained in respect of specified projects, together with any other requirements regarding the period of cover and the conditions under which such cover may cease or the liability of the insurer may be avoided by reason of any act or omission on the part of the party insured. 34. The Minister may by statutory instrument make regulations establishing national environmental standards for the following (i) water quality; ,(ii) effluent limitations; (iii) air quality; (iv) waste; (v) atmospheric protection; (vi) orone protection; (vii) noise control; (viii) pesticide residues; and (ix) odour. No.2 Environment Protection Act 2000 ·.,~, 35. ( 1) The Minister may on the advice of the Board prescribe Toxic and activities or substances which shall be considered hazardous. ~ (2) The Minister shall take all necessary and appropriate measures to monitor, control and regulate the manufacture, sale, transportation, handling or disposal of toxic and hazanlous substances, including toxic and hazw:dous wastes. (3) The introduction or importation of toxic or hazardous wastes into Sierra Leone for storage or disposal by any meam whatsoever is prohibited. ( 4) The possession, introduction or importation into Sierra Leone of internationally banned chemicals or substances is prohibited. (5) The discharge of any toxic and haz.ardous substance into the air or in, on or under the land and waters of Siena Leone is prohibited. (6) Anypersonwhocontravenestheprovisionsofsubsection (3), (4) or (5) commits an offence and is liable on conviction to a fine not exceeding two million leones or to a term of imprisonment not exceeding two years or to both the fine and imprisonment (7) Notwithstanding tbe provisions of subsection (5), it shall be a defence if it is proved that the discharge was caused solely by a natural disaster or an act of war. , (8) Without prejudice to subsection (1), a Court may declare an activity or substance to be hazardous where the Court is satisfied on the evidence before it that the activity or substance h~ the potential of causing grave damage to the environment SU~. 17 36. ( 1) Where a vessel or onshore or off shore facility is used or Noti~on 1o is involved in the commission of an offence against subsection (5) of the Mimster. section 35 the owner or operator of such vessel or onshore or offshore facility shall ( a) promptly notify the Minister or other relevant authority of the discharge; 18 No.2 Environment Protection Act 2000 (b) take all possible measures in accordance with standard removal methods to minimize pollution; (c) promptly comply with such other directions as the Minister may from time to time prescribe. (2) An owner or operator who fails to comply with sub section (1) commits an offence and is liable on conviction to a fine not exceeding five million leones or to a term of imprisonment not exceeding two years or to both the fine and imprisonment. Legal 37. Where any offence has been committed by a company or by proceedings. any member of a partnership, firm or business, every Director, Manager, Secretary or other officer of that company directly connected with the project or any other member of the partnership or other person connected with the management of such firm or business shall be liable for such offence unless he proves to the satisfaction of the Court that (a) he used all due diligence to secure compliance . with the Act; and (b) such offence was committed without his knowledge, consent or connivance. PART IV - THE NATIONAL ENVIRONMENT FUND Establishment 38. ( 1) There 1s hereby established a Fund to be known as the ofEn~e Nationtal National Environmen( Fund (hereafter referred to as "the Fund"). vironmen Fund. (2) The Fund shall consist of (a) all monies provided by Government; and (b) donations, grants or bequests. (3) The Fund shall only be applied for the purposes of its objectives. (4) The Fund shall be managed and controlled by the Director who shall for this purpose be accountable to the Minister. t No.2 Environment Protection Act 2000 (5) Notwithstanding subsection ( 4), :no money shall be withdrawn from the Fund except under authority of a warrant issued by the Minister responsible for Finance. 39. The objectives of the Fund are (a) to provide foreign or local laboratory support for the analysis of environmental samples; (b) to carry out programmes to prevent or reduce pollution; ( c) to promote environmental education and research; ( d) to support any governmental organisations engaged in environmental protection; (e) to encourage local environmental initiatives; (0 to publish reports on the environment; and (g) to promote, support and encourage activities of the Board. 19 Objectives of the Fund. 40. ( 1) The Director shall keep proper accounts and records in Accounts and relation to the Fund. audit. ' (2) The accounts shall be audited annually hy the Auditor / General or an independent auditor appointed by the Auditor-General. (3) The Director shall not later than three months after the end of each financial year (a) submit to the Minister a report on the activities supported by the Fund and the financial position of the Fund during that financial year; (b) submittotheAuditor-GeneralanannuaJ statement of the receipts and payments of the Fund together with a balance sheet showing the assets and liabilities of the Fund in respect of that financial year. l I L 20 No.2 Environment Protection Act 2000 ( 4) The Minis~r shall present a copy of the annual reports and audited annual accounts of the Fund together with any comments he may make thereon to the Cabinet (5) The Minister may, in consultation with the Minister responsible for Finance, from time to time issue directives regulating . the use of the Fund. · PART V - REGULATIONS Regulations. 41. (1) Without prejudice to the other provisions of this Act, the Minister may by statutory instrument make regulations for the implementation of the purposes of this Act (2) Regulations made pursuant to subsection (1) may provide for (a) the licensing of any project or class or category of projects; (b) the criteria for the approval of environmental impact assessments; /' (c) the minimum amount of insurance or other appropriate financial security to be maintained in respect of specified activities or projects; (d) standards or methods for preventing or minimising pollution; (e) offences against the regulatiom and penalties for such offences; and (f) any other matter which is required or authorised to be prescribed. (~ ' t . J . . '"';. "1 • ! No.2 Environment Protection Aa- 2000 21 FIRST SCHFDULE (Sections 14 and 15) PROJECTS REQUIRING ENVIRONMENTAL IMPACT ASSESSMENT LICENCES A licence is required for the projects whose activities involve or include the f oHowing: (a) substantial changes in renewable resource use (e.g. conversion of land to agricultural production, forestry or to pasture land, rural development, timber production); (b) substantial changes in farming and fisheries practices (e.g. introduction of new crops, large scale mechanisation or use of chemicals in agriculture); (c) exploitation of hydraulic resources (e.g. dams, drainage and irrigation projects, water basin development, water supply); (d) infrastructure (e.g. roads, bridges, airports, harbours, transmission lines, pipelines, railways); (e) industrial activities ( e.g. metallurgical plants, wood processing plants, chemical plants, power plants, cement plants, refinery and petro-chemical plants, agro-industries); (f) extractive- industries (e.g. mining, quarrying, extraction of sand, gravel, salt, peat, oil and gas); (g) waste management and disposal (e.g. sewerage systems and treatment plants, landfills, treatment plants for household and hazardous waste); (h) housing construction and development schemes; (i) establishment of places of entertainment, motor repair garages and welding shops; (j) importation of second hand vehicles . 22 No.2 Environment Protection Act 2000 SECOND SCHEDULE (Section 16) Factofs for determining whether a project requires an environmental impact assessment (a) the environmental impact on the community; (b) the location--or the project; (c) whether the project transforms the locality; ( d) whether the project has or is likely to have substantial impact on the ecosystem of the locality; (e) whether the project results in the diminution of the aesthetic, recreational, sci en ti fie, historical, cultural or other environmental quality of the locality; (f) whether the project will endanger any species of flora or fauna or the habitat of the flora or fauna; (g) the scale of the project; (h) the extent of the degradation of the quality of the environment; (i) whether the project will result in an increase in demand for natural resources in the locality; (j) the cumulative impact of the project together with other activities or projects, (?TI the environment; THIRD SCHEDULE (Section 18) CONTENTS OF ENVIRONMENT AL IMPACT ASSESSMENT (EIA) An EIA shall contain a true statement and description of (a) the location of the project and its surroundings~ I y No.2 Environment Protection Act 2000 23 (b) the principle, concept and purpose of the project; ( c) the direct or indirect effects that.the project is likely to have on the environment; ( d) the social, economic and cul turnl effects that the project is likely to have on people and society~ (e) the communities, interested parties and Government ministries consulted; (f) any actions or measures which may avoid, prc\'ent, change. mitigate or remedy the likely effect on people and society~ (g) any alternatives to the proposed project; (h) natural resources in the locality to be used in the project; (i) the plans for decommissioning of the project; (j) such other inf rnmation as may be necessary for a proper review of the potential environmental impact of the project. Passed in Parliament this 1st day of February, in the year of our Lord two thousand. J. A. CARPENTER, Clerk of Parliament. THis PRINTED IMPRESSION has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correctly printed copy of the said Bill. J. A. CARPENTER, Clerk of Parliament.