PRESIDENCY OF THE REPUBLIC
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REPUBLIC OF MALI
People – A Goal – A Faith
LAW N° 01 ________/
RELATING TO POLLUTION AND THE HARMFUL EFFECTS
The National Assembly deliberated and in her meeting on April 26 2001:
The President of the Republic promulgates the law in the content follows:
CHAPTER I GENERAL PROVISIONS
Article 1 er The present law fixes the fundamental principles of the control of pollution and
the harmful effects.
Article 2 Within the meaning of the present law, one understands by:
1.
Environment: One in unit perceived like an entity, in a space and in a time
given, factors physical, chemical, biological and social and on the animal and vegetable
species;
2.
Cleansing: Any action aiming to the improvement of all the conditions which,
in the physical environment of the human life, influential or are likely to influence the
good physical, mental or social being unfavourably;
3.
Principle of precaution: The principle according to which the absence of
certainty, taking into account the scientific and technical training of the moment, should
not delay the adoption of effective and proportioned measurements aiming at preventing
a risk of serious and irreversible damage to the environment;
4.
Principle of the pollutant payer: The principle according to which the expenses
resulting from measurements of prevention, reduction of pollution and fight against this
one must be supported by the pollutant;
5.
Environmental information: Very given which is available in written form
of images or on any other being referred data carrier:
with the state of water, the air, the ground, fauna and the flora;
with the activities causing of the harmful effects and pollution;
with the activities or measurements aiming at protecting the environment.
6.
Harmful effect: Any aggression counters the natural environment or artificial
surrounding the man and causing a nuisance or damage with this last;
7.
Waste: Any solid, liquid substance, gas, or residue of a production process, of
transformation or use of all other eliminated or intended substances has to be
eliminated;
8.
Domestic waste: Any waste resulting from the activity of the households,
including the human excreta;
9.
Industrial waste: Any waste resulting from the industrial activities, artisanal
or commercial noncomparable with domestic waste;
10.
Agricultural waste: Any container having contained chemicals or any
packing having been used for the use of these products in the agricultural, horticultural,
piscicultural activities and of breeding;
11.
Biomedical waste: Any waste coming from activities of care,
pharmacy and biomedical analyses;
12.
Dangerous waste: Any waste presenting of the serious risks for
health and public safety and for the environment;
13.
Pollutant: Any solid, liquid or gas rejection, any waste, odor, its,
vibration, radiation or any combination of those likely to cause a pollution;
14.
Pollution: Any contamination or direct or indirect modification of the
environment caused by an act likely to influence the medium negatively, to cause a
situation prejudicial for health, safety, the wellbeing of the man, fauna, the flora or of
many collectives and individual;
15.
Obsolete product: Product of which the use is prohibited because of
its depressive character for medical reasons or of environmental protection;
16.
Impact study on the Environment: Identification, the description
and the evaluation of the effects of the projects on the man, fauna and the flora, the
ground, water, the climate and the landscape, including the interactions between these
factors, the cultural inheritance and other tangible properties;
17.
Report/ratio of Impact study on the Environment: Any
document containing the results of the study of environmental impact necessary for
obtaining the administrative authorisation for the realization of any project;
18.
Audit of Environment: The tool of evaluation and management
intern which the companies and the services of public administration carry out in order
to make sure that the lawful and normative political requirements as regards
environmental protection are respected;
19.
Qualified Administration: National direction of the cleansing and
the Control of Pollution and the Harmful effects or any other structure entitled by the
State.
CHAPTER II PROCEDURE OF IMPACT STUDY ON
ENVIRONMENT
Article 3 Activities likely to attack the environment and to the quality of the framework of life
its subjected to a preliminary authorization of the ministry in charge of the environment on the
basis of report/ratio of impact study on the environment.
Article 4 A decree taken in the Council of Ministers on proposal of the ministry in charge of
the fixed environment, revises the list of the projects subjected to the impact study on the
environment and specifies the contents of this procedure.
CHAPTER III AUDIT OF ENVIRONMENT.
Article 5 Are obligatorily subjected to the audit of environment any work, any installation and
any work industrial, agricultural, mining, artisanal, commercial or of transport whose activity
can cause pollution, harmful effect or environmental pollution.
Article 6 A decree taken in the Council of Ministers determines the conditions for
implementation of the audit.
CHAPTER IV ACCESSES A ENVIRONMENTAL INFORMATION.
Article 7 Any person is entitled to the free access to environmental information.
The access to environmental information whose publication affects the international relations,
national defense, the confidentiality or being able to cause a serious danger to safety, is
subjected to authorization.
Article 8 The request for environmental information is to be refused if it refers to the
transmission of files not being closed yet or of data whose treatment is not completed yet or of
communication administrative internal.
CHAPTER V DECHETS.
Section 1 Solid domestic waste.
Article 9 It is interdict to hold or give up solid domestic waste under the conditions
supporting the development of harmful organizations, insects and other vectors of diseases
likely to cause damage with the people and the environment.
Article 10 Any person who produces or holds solid domestic waste under conditions likely to
attack health and to public safety or the environment in a general way, is required to ensure
elimination or recycling.
Article 11 It is interdict to incinerate solid domestic waste in the open air inside any
agglomeration.
Article 12 It is interdict to store or hide solid domestic waste in places other than those
envisaged by the proper authority.
Section 2 Liquid domestic waste.
Article 13 It is interdict to pour in the rivers, in the gutters or other public or private places,
domestic waste liquidate nonin conformity with the standards of rejection.
Article 14 Any person who produces domestic waste liquidate is held to take care that they
cannot attack human health and to the environment.
Section 3 Agricultural waste.
Article 15 It is interdict to hold or give up agricultural waste under the conditions supporting
the development of harmful organizations, insect and other vectors of diseases likely to cause
damage with the people and the environment.
Article 16 Any person who produces or holds agricultural waste under conditions likely to
attack health and to public safety or the environment in a general way is required to ensure
elimination or recycling.
Section 4 Biomedical and industrial waste.
Article 17 It is interdict to pour waste biomedical and industrial, artisanal or commercial in
the rivers, the gutters or other places public or private without as a preliminary carrying out
their treatment.
Article 18 It is formally interdict to deposit biomedical and industrial waste solid in a
discharge without preliminary authorization of the ministry in charge of the environment.
Article 19 It is interdict to incinerate solid biomedical waste in the open air inside any
agglomeration.
The operations of elimination per incineration should take place only in establishments
authorized by the ministry in charge of the environment.
Article 20 It is interdict to hide biomedical and industrial waste and to deposit them in
places other than the discharges which are reserved to them and them authorized centers of
storage.
Section 5 Dangerous waste.
Article 21 Any waste coming from the foreigner is supposed dangerous within the meaning of
the present law
Article 22 Are prohibited, all acts relating to the purchase, the sale, the importation with
export, the transit, transport, the treatment, the deposit and the storage of dangerous waste
without preliminary authorization.
Article 23 Any producer of dangerous waste is held to forward annually to the ministry in
charge of the environment, nature, the quality and the procedures of waste disposal produced.
Article 24 Exports of dangerous waste can be authorized towards a country only when this
one has adequate installations to eliminate them according to ecologically rational methods.
The dangerous waste intended for export must be packed, labelled and transported in
accordance with the standards and international rules accepted and recognized as regards
packing, of labelling and transport.
Article 25 When dangerous waste is the subject illicit of traffic, the expenses of reference, the
expenses of repairing of the contaminated places and the compensation for the caused damages
are the responsibility of the contravener without damage of the sanctions envisaged by the
regulation in force.
Article 26 No radioactive material, no apparatus implementing such a matter, can be
introduced in Mali, without preliminary authorization of the ministries in charge with the
environment and health.
CHAPTER VI POLLUTION ATMOSPHERIQUE
Article 27 Buildings, industrial plants, artisanal and agricultural, mines and careers, engines
and in particular the vehicles, the power generating units, mills, or other movable objects had,
exploited or held by any person or entity must be built, exploited O used so as to avoid the air
pollution.
Article 28 It is interdict to exploit a production facility emitting of the polluting substances of
the air in the form of smoke, dust, gas or liquid without conforming to the standards of
emission.
CHAPTER VII NOISES AND HARMFUL EFFECTS.
Article 29 Any noise likely is prohibited to harm at rest, peace, health or public safety.
Article 30 The exploitation of any human, industrial or artisanal establishment sheltering
sound sources or luminous likely to constitute a threat for the people and fauna must be made
in the respect of the standards set by the regulation in force.
CHAPTER VIII PROTECTION OF THE PARKS, CEMETERIES
AND OF THE DECHARGES.
Article 31 The protection of the parks against all the causes of degradation is of general
interest.
When they acquired the property of parks, timbered or not, the State, the publicly-owned
establishments or the local authorities begin to preserve them, to arrange them and to maintain
them.
Article 32 The closing down of the parks, the cemeteries and the discharges is subjected to a
preliminary authorization of the ministry in charge of the environment, after assent of the
ministries in charge with Town planning, Health and the Local Authorities.
CHAPTER IX CHEMICAL SUBSTANCES.
Article 33 The chemical substances which, because of their toxicity or their concentration in
the biological chain, likely to present a danger to the man or his environment, are subjected to
the control of the ministries in charge with the environment and health.
Article 34 The industrial plants likely to hold and/or eliminate from the pollutant organics
persistent are subjected to one audit of their installations.
Article 35 The importation, the use, detention, the distribution, the reconditioning and the
storage of the chemical substances not having been the object of a homologation or an
authorization are prohibited.
However, of the exemptions can be granted by joint decree of the ministries in charge of the
environment, of health and scientific research at the specialized agencies for needs for research
and experimentation.
Article 36 Any person intervening in the importation, the production and the distribution of
the chemical substances must provide herself with an authorization delivered by the ministries
in charge with the environment, health, agriculture and industries.
Article 37 any holder of chemical substance must prove the quality of his product by the
presentation of in certificate of analysis delivered by an approved laboratory.
In case of doubt about the quality of the product, the qualified administration carries out
analyses of against expertise. The expenses of analysis are the responsibility of the holder.
Article 38 Any obsolete or out-of-date chemical substance must be declared with the
qualified administration.
CHAPTER X CONTINUATION AND SANCTIONS.
Section 1 Observation of the infringements.
Article 39 The sworn in agents of the National Management of the Cleansing and the Control
of Pollution and the Harmful effects and the Legal Senior police officers seek and note by verbal
lawsuits the infringements with the provisions of this law
Article 40 The agents aimed to the article above can be made assist where necessary by
policemen of the Gendarmerie, Customs, Health and Nature conservation.
Article 41 The sworn in agents of the National Management of the Cleansing and the Control
of Pollution and the Harmful effects lead in front of the legal officer all the delinquents of which
they cannot be ensured of the identity. They have the right to verbally require or written the
police force for the repression of the infringements relating to the matter.
Section 2 Infringements and penalties.
Article 42 When the infringement is made within the framework of the activity of a legal
entity, the penal responsibility falls to any individual who from her functions, with the
responsibility for management, the monitoring or the control of this activity.
Any legal entity in question is held on a purely basis principal with the payment of the fines,
repair civil, fresh and costs.
Article 43 Will be punished of a fine from 3.000 to 18.000 francs the authors of
infringements to the provisions of articles 9, 11, 13 and 15.
Article 44 Will be punished of a fine of 20.000 francs and an eleven days imprisonment in
three months or one of the two sorrows.
Whoever will have been opposed to the agents policemen aimed to articles 39
and 40 above;
-
Authors of infringements to the provisions of articles 17, 18, 19, 20, 27, 28, 32,
and 33 above
Article 45 Will be punished of a fine from 50.000 to 500.000 francs:
-
Authors of infringements to the provisions of article 35;
Whoever would carry out a project likely to attack the environment without the
realization of an impact study on the environment approved by the ministry in charge of
the environment.
In the event of repetition, the fines could be carried to the double with sorrow of imprisonment
from 3 to 6 months.
Article 46 Will be punished of a fine from 100.000 to 1.000.000 of francs and of a six
months imprisonment to two years or one of the two sorrows only the authors of infringements
to the provisions of articles 23, 26, and 32 above.
In the event of repetition, the fines and sorrows could be carried to the double.
Article 47 Will be punished of a fine from 1.000.000 to 10.000.000 of francs and of a sorrow
of one to two years or one of the two sorrows any person having enfreint with the provisions of
article 22 and subparagraph 2 of article 24 above.
In C have of repetition, the fines and sorrows could be carried to the double.
Section 3 Transactions.
Article 48 In the event of infringements with the provisions of this law, the qualified
administration has full powers to compromise.
The procedure of transaction is exerted before judgement.
The procedure of transaction is isolated in the event of repetition.
CHAPTER XI FINAL PROVISIONS.
Article 49 The handing-over are granted to the agents of National Management of the
Cleansing and Control of Pollution and the Harmful effects in charge of the application of the
provisions of this law
Article 50 Decrees taken in the Council of Ministers lay down the methods of application of
this law.
Article 51 The present law repeals all contrary former provisions, in particular the law n° 91047/AN-RM of February 23, 1991 relating to and the framework environmental protection of
life
Bamako, May 30 2001
The President of the Republic
Alpha Oumar Konare