NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
ENFORCEMENT OF ENVIRONMENTAL LAW IN
UGANDA
SECOND AFRICA-ASIA INTER-REGIONAL EXPERT
MEETING ON ENFORCEMENT OF
ENVIRONMENTAL LAW, KUNMING CHINA
PRESENTED
BY WAISWA AYAZIKA ARNOLD
DIRECTOR, ENVIRONMENTAL MONITORING AND
COMPLIANCE
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Institutional arrangements
• An Inter-Ministerial Policy Committee (IPC), composed of
11 cabinet ministers, is the supreme organ of NEMA. It is
chaired by the Prime Minister. The IPC provides policy
guidelines, formulates and coordinates environmental
issues in the country for NEMA, and liaises with the
cabinet on issues affecting the environment generally.
• NEMA is the principle agency for supervision, monitoring
and coordination of environmental matters in the country;
•
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Institutional arrangements
• horizontally linked to the lead agencies in the
environment
sector and
vertically
to the local
government structure, the
private sector, and civil
society.
• The Lead Agencies have the responsibility to develop
internal capacity, contribute to sustainable environmental
management, collect data and disseminate information,
and promote environmental education and public
awareness in their respective sectors.
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Institutional arrangements
l They
also
ensure
enforcement,
implementation,
compliance, and monitoring of laws, policies and activities
within their jurisdictions.
The lead agencies are also expected to supervise within
their legal and administrative setup,
the conduct of
environmental assessments, set environmental standards
and carry out inspections related to the environment.
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Experiences in complying
environmental law;
and
enforcement
of
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The National Environment Act Cap 153, provides for EIA to be carried
out for activities listed in the Third Schedule and in line with the EIA
Regulations of 1998;
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Its the responsibility of the proponent to carry out EIA, but because of
the range of issues to be addressed for certain categories of projects,
this is carried out mainly by Certified and Registered consultants;
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Experiences in complying
environmental law;
and
enforcement
of
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The National Environment (conduct and certification of environmental
practitioners) regulations (2003) set minimum standards and criteria
for qualification of EIA practitioners;
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The EIA is reviewed by NEMA in conjunction with relevant lead
agencies; For some projects because of their size and magnitude of
potential and social impacts, public hearings are carried to obtain
further input from the public and those communities that are to be
impacted upon before decision making;
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Experiences in complying
environmental law;
and
enforcement
of
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In case a decision is taken to approve the Project, NEMA issues a
certificate with conditions for the proponent to implement;
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However, proponents are also required to obtain other licenses such
as one for storing, transporting, operating and disposal of wastes,
permits for use of wetlands and discharge of waste water into water
or land;
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Sand mining in a wetland
requires EIA and a wetland
user permit
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Sand mining in a wetland
requires EIA and a wetland
user permit
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Sand mining in a wetland
requires EIA and a wetland
user permit
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Through post EIA monitoring, it was found that an illegal structure had
been constructed; a restoration order was served requiring the
demolition of the structure;
The structure has since been destroyed;
Nyakana vs The Attorney General and NEMA in the Supreme Court for
destroying his house in a wetland. The case was ruled in favour of
NEMA.
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Storage of waste oil
without a license
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Experiences in complying
environmental law;
and
enforcement
of
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Post EIA is a requirement and this is carried out by NEMA in
conjunction with relevant lead agencies to ensure that proponents
compliance with mitigation measures and approvals conditions as
prescribed by the Authority.
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Joint multi-media inspections are also carried out to enhance
effectiveness, create synergy but also reduce on duplication of efforts
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Experiences in complying
environmental law;
and
enforcement
of
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A compliance Inspection form has been developed, its has provisions
for the outcomes, offences and recommendations. Its signed on site
by the Inspector and a representative of the regulated community;
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The proponent has got a responsibility for self monitoring and
reporting;
However, the results of inspections indicate the proponents are very
reluctant to invest in mitigation measures because of the costs
involved;
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Experiences in complying
environmental law;
and
enforcement
of
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Proponents take advantage of the weaknesses in enforcement
especially due to limited number of staff and resources available for
regular inspections
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However, there are also good examples of facilities that have
improved overtime due to regular inspections, warnings with intentions
to close and provision of compliance assistance.
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Experiences in complying
environmental law;
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and
enforcement
of
It’s a requirement under the EIA Regulations 1998, for proponents to
carry out Environmental Audits between 12 to 36 months from the
time of approval of EIA;
Projects which were in existence before 1995 have been allowed to
carry out Environmental Audits to bring them into compliance;
However, it’s a becoming challenge as to whether 20 years after the
coming into place of the law, Environmental Audits should be still
accepted for projects which didn’t carry out EIA;
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Experiences in complying
environmental law;
and
enforcement
of
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Enforcement by
Environmental
Protection Force
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Measures to assessment effectiveness of enforcement
actions;
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Increasing self monitoring and reporting by the regulated community
Accepting to carry out demolition of structures and restoration;
Installing sound proofing in noise making facilities;
The incorporation of environment and social risk procedures by
financial institutions in their operations and those of their clients. No
funding is provided by financial institutions for developmental
initiatives without approval from NEMA.
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Determination of damage and compensation
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This is usually done by courts of law although administratively some
degraders have asked to pay fines for degradation but there is no
specific criteria;
Compensation for loss of land is done through valuation by guidelines
from the office of the Government Chief Valuer;
Experience in tackling environmental crimes;
l use of restoration orders
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Experience in tackling environmental crimes
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Arrest and prosecution of offenders through courts of law;
Enforcement using Environmental Protection Force because of the
rising nature of environmental crimes;
Whistle blowers who provide information using twitter, e-mail, phone
calls and written complaints;
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
Improving
compliance
environmental law
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and
enforcement
of
Review of the National Environment Policy,
The National Environmental Act
All subsidiary regulations are undergoing review
New ones are being developed such as oil spillers liability among
others;
Review of the Environmental Compliance and Enforcement Strategy;
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NATIONAL ENVIRONMENT
MANAGEMENT
AUTHORITY
ASANTE SANA
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