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The Environment Management Act, 2002

Act Number 5 of 2002.

This supercedes the Swaziland Environmental Authority Act, 1992.

(Download MS Word document - 237 Kb)

CONTENTS | PART I | PART II | PART III | PART IV | PART V | PART VI | PART VII | PART VIII | PART IX | PART X | PART XI | SCHEDULE 1

MEMORANDUM OF OBJECTIVES AND REASONS

The objectives of this Bill are:

(a) to establish a framework for environmental protection and the integrated management of natural resources on a sustainable basis;

(b) to transform the Swaziland Environment Authority into a body corporate;

(c) to establish the Swaziland Environment Fund; and

(d) to provide for matters incidental to the above objectives.

P. M. DLAMINI ATTORNEY-GENERAL

An ACT

Entitled

AN ACT to provide and promote the enhancement, protection and conservation of the environment, sustainable management of natural resources and matters incidental thereto.

ENACTED by the King and Parliament of Swaziland.

Arrangement of Sections

PART I - INTRODUCTORY PROVISIONS

1. Short title and Commencement

2. Interpretation

3. Application

PART II - FUNDAMENTAL PURPOSE AND PRINCIPLES

4. Purpose

5. Environmental Principles

6. Duty to give effect to Purpose and Principles

7. Environmental Management Strategy

PART III - ADMINISTRATION

8. Powers of the Minister

9. Swaziland Environment Authority

10. Powers of the Authority

11. Constitution and Proceedings of the Authority

12. Functions of the Authority

13. Management Board

14. Remuneration of Board Members

15. Chairperson of the Board

16. Vacation of office by members of the Board

17. Director

18. Employees of the Authority

19. Exemption from tax and other charges

20. Swaziland Environment Fund

21. Powers of the Fund

22. Constitution and Proceedings of the Fund

23. Objects of the Fund

24. Management and Administration of the Fund

25. Monies, Accounts and Audits

26. Exemption from tax and other charges

27. Duration and Dissolution of the Fund

28. Regulations

PART IV - INTEGRATED ENVIRONMENTAL MANAGEMENT

29. State of the Environment Report

30. National Environment Mgmt Action Plan

31. Strategic Environmental Assessments

32. Environmental Assessment

33. Regulations

PART V - POLLUTION CONTROL

34. Prohibition against Discharges

35. Reporting of Discharges

36. Integrated Pollution Prevention and Control

37. Regulations

38. Disclosure of Information

39. Requests for Regulations

40. Local, regional and global contaminants

PART VI - WASTE MANAGEMENT

41. General Prohibition and Duty of Care

42. Waste Licences

43. Import, Export and Trade in Waste

44. Waste Management functions of the Authority

45. Role of Local Authorities

46. Site Restoration Orders

47. Regulations

48. Designation of Waste Control Areas

PART VII - INTERNATIONAL MATTERS

49. International Agreements

PART VIII - PUBLIC PARTICIPATION

50. Register of Environmental Information

51. Requests for Environmental Information

52. Public Review

53. Public Hearings

54. Findings of Public Hearings

55. Public Participation in Licensing Decisions

56. Orders initiated by the Public

57. Prosecutions initiated by the Public

58. Civil Actions

59. Regulations

PART IX - COMPLIANCE AND ENFORCEMENT

60. Inspectors

61. Powers of Inspectors

62. Powers of Senior Inspectors

63. Prevention Order

64. Protection Order

65. Emergency Protection Order

66. Compliance Order

67. Cost Orders

68. Offences

69. Liability of Managers of Bodies Corporate

70. Defences

71. Continuing Offences and Penalties

72. Deprivation of Monetary Benefits

73. Costs of Investigations and Prosecution

74. Suspension and Revocation of Licences

75. Protection, Repair and Costs Orders

76. Fixed Penalties

77. Presumptions

78. Documentary Evidence

79. Civil Damages

80. Financial Assurance

PART X - REVIEWS AND APPEALS

81. Right of Review

82. Applying for a Review

83. Staying of Orders

84. Conduct of Inquiry

85. Review by the Board

PART XI - GENERAL AND TRANSITIONAL PROVISIONS

86. Repeal and Amendment of Laws

87. Immunity

88. Codes of Practice

89. Regulations

90. Supremacy of the Act

SCHEDULE 1

Swaziland Environment Authority

CONTENTS | PART I | PART II | PART III | PART IV | PART V | PART VI | PART VII | PART VIII | PART IX | PART X | PART XI | SCHEDULE 1

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