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ENVIRONMENTAL MANAGEMENT ACT(CHAPTER 20:27)

 

CHAPTER 20:27

ENVIRONMENTAL MANAGEMENT ACT

Act 13/2002, 5/2004 (s. 23), 6/2005 (s. 28)

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY Section

  1. Short title and date of commencement.
  2. Application of this Act in relation to other laws.

PART II

GENERAL PRINCIPLES OFENVIRONMENTALMANAGEMENT ANDFUNCTIONS OFMINISTER

  1. Environmental rights and principles of environmental management.
  2. General functions of Minister.
  3. Delegation of powers by the Minister.

PART III

NATIONAL ENVIRONMENT COUNCIL

  1. Establishment of a National Environmental Council.
  2. Duties and functions of the Council.

PART IV

ENVIRONMENTAL MANAGEMENTAGENCY

  1. Establishment of Environmental Management Agency.
  2. Functions and powers of Agency.

PART V

ENVIRONMENT MANAGEMENT BOARD

  1. Establishment of Environment Management Board.
  2. Composition of Board.
  3. Disqualifications for membership of Board.
  4. Terms of office and conditions of service of members of Board.
  5. Vacation of office by members of Board.
  6. Filling of vacancies on Board.
  7. Chairman and vice-chairman of Board.
  8. Co-opted members of Board.
  9. Meetings and procedure of Board.
  10. Committees of Board.
  11. Minutes of proceedings of Board and of committees.
  12. Remuneration and allowances of members of Board and of committees.
  13. Directions to Board.
  14. Reports of Board.
  15. Board to have access to all Ministers.
  16. Board to consult experts on technical questions.
  17. Hearings by Board.
  18. Powers of Board to summon witnesses and take evidence at hearings.
  19. Penalty for witness failing to attend hearing or give evidence or produce documents.
  20. Penalty for giving false evidence at hearing.
  21. Board may refer questions of law to High Court.
  22. Proof of recommendations and decisions of Board.
  23. Safeguarding State interests.

PART VI

STAFF OF AGENCY

  1. Appointment and functions of Director-General.
  2. Inspectors and other officers.
  3. Monitoring functions of Director-General, inspectors and other officers.
  4. Powers of officers and inspectors.
  5. Execution of contracts and instruments by Agency.
  6. Reports of Agency.
  7. Minister may require statistics and information.
  8. Investigation into affairs of Agency.

PART VII

FINANCIAL PROVISIONS RELATING TOAGENCY

  1. Funds of Agency.
  2. Investment of moneys not immediately required by Agency.
  3. Financial year of Agency.
  4. Accounts of Agency.
  5. Accounts of Agency.
  6. Audit of Agency’s accounts.
  7. Internal Auditor.

PART VIII

ENVIRONMENTFUND

  1. Establishment of Environment Fund.
  2. Composition of Fund.
  3. Environment Levy.
  4. Administration of Fund.
  5. Application of Fund.
  6. Financial year of Fund.
  7. Books of account and audit of Fund.

PART IX

ENVIRONMENTAL QUALITYSTANDARDS

  1. Establishment of a Standards and Enforcement Committee.
  2. Functions of the Standards and Enforcement Committee.
  3. Water pollution prohibition.
  4. Duty to supply plant information to the Board.
  5. Effluent to be discharged only into sewerage system.
  6. Licence to discharge effluents.
  7. Cancellation of effluent discharge licence.
  8. Register of effluent discharge licences.
  9. Air quality standards.
  10. Licensing emissions.
  11. Application for emission licence.
  12. Cancellation of emission licence.
  13. Register of emission licences.
  14. Emission by motor vehicles and other conveyances.
  15. Standards for waste.
  16. Prohibition against discharge and disposal of wastes.
  17. Application for waste licence.
  18. Hazardous waste.
  19. Prohibition of discharge of hazardous substances, chemicals and materials or oil into the environment.
  20. Standards of pesticides and toxic substances.
  21. Application for registration of pesticides and toxic substances.
  22. Registration of pesticides and toxic substances 77. Offences relating to pesticides and toxic substances.
  23. Seizure of pesticides and toxic substance.
  24. Standards for noise.
  25. Noise in excess of established standards prohibited.
  26. Exemption in respect of noise standards.
  27. Standards for the control of noxious smells.
  28. Prohibition against littering.
  29. [Repealed]
  30. [Repealed]
  31. [Repealed]

PART X

ENVIRONMENTALPLANS

  1. National Environmental Plan 88 .Contents of National Plan.
  2. Invitation of public comment.
  3. Confirmation of National Plan.
  4. Operative National Plan to be open to public.
  5. Effect of operative National Plan.
  6. Changes to operative National Plan.
  7. Review and replacement of operative National Plan.
  8. Local authority environmental action plan.
  9. Environmental management plans.

PART XI

ENVIRONMENTALIMPACT ASSESSMENT, AUDIT AND MONITORINGOF PROJECTS

  1. Projects for which environmental impact assessment required.
  2. Developer to submit prospectus.
  3. Contents of environmental impact assessment report.
  4. Consideration of environmental impact assessment report and issue of certificate.
  5. Period of validity of certificate.
  6. Register of certificates.
  7. Transfer of certificates prohibited.
  8. Amendment, suspension or cancellation of certificate.
  9. Developer to notify Director-General if project not implemented or altered.
  10. Environmental audit of projects.
  11. Developers to minimise adverse effect of projects on environment.
  12. Inspection of environmental impact assessment reports.

 

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