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The Environment Management Act, 2002 Part III - Administration

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

PART III - ADMINISTRATION

Powers of the Minister

8. The Minister may, in order to give effect to the purpose of this Act:

a. subject to the prior approval of the Ngwenyama acting in Libandla and the Cabinet, enter into any agreement on behalf of Swaziland relating to the protection, conservation or enhancement of the environment and the sustainable management of natural resources, whether within Swaziland, within a particular region, or globally;

b. provide grants and loans to organisations established to provide for and promote the protection, conservation and enhancement of the environment, for the purpose of carrying out any function that advances the purpose of this Act, provided that the provision of any funds is made subject to appropriate conditions to ensure that the funds are properly applied for the purpose for which they were granted;

c. convene conferences on the protection, conservation and enhancement of the environment and the sustainable management of natural resources;

d. appoint the Director in accordance with subsection 13(4) and members of the Board;

e. dismiss a member of the Board on the grounds set out in subsection 16(2);

f. on the advice of the Board, establish and publish standards, codes of practice, guidelines and procedures;

g. on the advice of the Board, set and publish ambient environmental quality objectives; and

h. by order in writing served on any organ of Government or Public Body, require that organ of Government or Public Body to use its statutory powers to improve ambient environmental quality and to give effect to the purpose of this Act.

Swaziland Environment Authority

9. The Swaziland Environment Authority is established as a body corporate with perpetual succession to be the successor to the Swaziland Environment Authority established under the Swaziland Environment Authority Act, 1992.

Powers of the Authority

10. The Authority may:

a. acquire, hold and dispose of real and personal property;

b. sue and be sued; and

c. as far as possible for a body corporate, exercise the rights, powers and privileges and incur the liabilities and obligations of a natural person of full age and capacity.

Constitution and Proceedings of the Authority

11. (1) The proceedings and constitution of the Authority is governed by Schedule 1.

(2) Subject to the provisions of this Act the Authority may regulate its own proceedings.

Functions of the Authority

12. (1) The Authority shall exercise the functions conferred on it under this Act in order to provide for and promote the protection, conservation and enhancement of the environment and the sustainable management of natural resources.

(2) The functions of the Authority are:

a. to institute measures for the implementation of this Act both alone and in co-operation with other public bodies, organs of government, non-governmental organisations, private sector organisations, and members of the public;

b. to monitor the implementation of the Act and assess its effectiveness in improving the level of protection, conservation and enhancement of the environment and the sustainable management of natural resources, and to advise the Minister on ways of giving effect to the purpose of the Act more effectively;

c. to assist the Minister in formulating policies relating to the environment and the sustainable management of natural resources;

d. to advise and to make recommendations to the Minister and the Government either upon request or on its own initiative, on matters relating to the protection, conservation and enhancement of the environment and the sustainable management of natural resources;

e. to develop in cooperation with other organs of Government, as appropriate, economic measures that encourage the sustainable management and use of natural resources and the enhancement, protection and conservation of the environment;

f. to administer the Swaziland Environment Fund in accordance with the policies and directions of the Board of the Fund;

g. to administer licences issued under the Act in accordance with the provisions of this Act;

h. to prepare a national waste strategy;

i. to give directions to local authorities regarding their functions relating to the collection and disposal of waste in urban areas, and to perform the waste management functions listed in section 44;

j. give general and/or specific directions to local authorities, in order to promote the protection, conservation and enhancement of the environment and the sustainable management of natural resources;

k. to liaise with bodies concerned with matters relating to the protection, conservation and enhancement of the environment and the sustainable management of natural resources;

l. to monitor trends in the state of the environment and to prepare reports on the state of the environment for consideration and approval by the Minister;

m. to prepare National Environment Mgmt Action Plans as defined in section 30, for consideration and approval by the Minister and to promote their implementation;

n. to review environmental impact assessment reports and strategic environmental assessments reports;

o. to undertake and promote research into matters relevant to the protection, conservation and enhancement of the environment and the sustainable management of natural resources;

p. to promote, in collaboration with other appropriate bodies and organisations, training, education and public awareness programmes relating to the protection, conservation and enhancement of the environment and the sustainable management of natural resources;

q. to disseminate and facilitate public access to information on the environment including creating and maintaining an environmental information registry in accordance with section 50;

r. to facilitate public involvement in decision making concerning the environment including establishing procedures to facilitate the submission of comments on licence applications under this Act;

s. to recommend environmental standards, codes of practice, guidelines and legislation to the Minister and the Government;

t. to publish guidelines, codes of practice and other information relating to the protection and conservation of the environment and the sustainable management of natural resources;

u. to conduct inspections and take other measures to monitor compliance with this Act and to conduct investigations into alleged contraventions of this Act;

v. to take all reasonably practical measures, to enforce this Act and other environmental protection legislation either alone or in co-operation with relevant bodies and police forces, including issuing and enforcing orders and prosecuting offences; and

w. to perform other functions incidental or conducive to the exercise by the Authority of any of the above functions or which are assigned to it by the Minister in order to further the purpose of this Act.

Management Board

13. (1) The Authority has a Management Board which is the governing body of the Authority with the authority and responsibility to exercise and perform the functions conferred or imposed on the Authority under this Act.

(2) The Board shall comprise:

a. the Principal Secretary of the Ministry responsible for environmental affairs;

b. the Principal Secretary of the Ministry responsible for agriculture;

c. the Principal Secretary of the Ministry responsible for finance;

d. the Principal Secretary of the Ministry responsible for natural resources and energy;

e. a representative of the traditional authorities;

f. a person from a non-governmental organisation or association of such organisations which has as a main purpose the promotion of environmental protection and/or the sustainable management of natural resources, who shall be appointed from among persons nominated by such organisations;

g. a person involved in business in Swaziland who shall be appointed from among persons nominated from an organisation representing industry;

h. a person noted for the person's special knowledge of, and interest in, environmental matters, who shall be appointed from among persons nominated by the public; and

i. the Director who shall serve as the Secretary of the Board but who may not vote.

(3) The members of the Board shall be appointed by the Minister and shall hold office upon terms and conditions determined by the Minister.

(4) Subject to section 16, a member of the Board referred to in paragraphs (f), (g) or (h) of subsection (2) shall hold office for a period of three years and shall be eligible for re-appointment.

(5) The Minister shall in writing request the bodies referred to in paragraphs (g) and (h) of subsection (2) to nominate, within 28 days of receiving the request, a person or persons for appointment to the Board, whenever the relevant position on the Board is vacant.

(6) The Minister shall publish a notice in the Gazette and in a national newspaper circulating in Swaziland at least once a week for two consecutive weeks requesting members of the public to nominate, within 60 days of the date the notice was first published, a person or persons for appointment to the Board whenever the position of member referred to in paragraph (i) of subsection (2) is vacant.

(7) If the Minister is not satisfied as to the suitability of a person nominated for appointment to the Board, the Minister may, by notice in writing to the nominating body, reject the nomination and request a further nomination, which request has the same effect as a request under subsection (5).

(8) If a nomination is not received by the Minister within the period requested, the Minister may appoint a person whom the Minister considers appropriate on the basis of their expertise in environmental matters and that person shall hold office as if nominated in accordance with subsection (5) or (6).

Remuneration of Board members

14. (1) Members of the Board and of any committee established by the Board shall be remunerated and paid fees and allowances as determined by the Minister by notice in the Gazette.

(2) Any remuneration, fees or allowances which may become payable under this section shall be paid out of the Consolidated Fund of the Government unless the Parliament has appropriated funds to the Authority for this purpose, in which case the Authority shall pay these amounts.

Chairperson of the Board

15. The Minister shall appoint a member of the Board to be the Chairperson and the Chairperson of the Board shall:

a. hold office for a period of 3 years upon terms and conditions determined by the Minister;

b. convene meetings of the Board at any reasonable time;

c. chair meetings of the Board; and

d. work closely with the Director to ensure the smooth operation of the Authority.

Vacation of office by members of the Board

16. (1) A member may resign by giving a signed notice of resignation to the Minister.

(2) The Minister shall remove a member from office upon being satisfied that the member:

a. is an unrehabilitated insolvent under any law relating to the insolvency of persons in Swaziland;

b. is, for whatever reason, permanently incapable of performing the duties of a member;

c. has been absent, without the leave of the Chairperson, from three consecutive meetings of the Board;

d. has been convicted of an offence against this Act or has been sentenced to a term of imprisonment of six months or more; and

e. has engaged in misconduct which is likely to bring the Board into public disrepute.

(3) A member whose term of office has expired shall nevertheless remain in office for not more than 6 months, until a successor comes into office, unless the member resigns or is removed from office.

Director

17. (1) The Minister, in consultation with the Board, shall appoint a Director of the Authority.

(2) The Director shall be appointed on terms and conditions specified by the Board.

(3) The Director is the chief executive of the Authority and is responsible for the management of the affairs of the Authority and the fulfillment of its functions, in accordance with policies and directions established by the Board.

(4) Without limiting the ambit of subsection (3), the Director shall:

a. report regularly to the Board on the performance of the functions of the Authority;

b. present an annual report, financial statements and a budget for the forthcoming year, to the Board for consideration and approval;

c. represent the Authority in its dealings with other organisations and organs of government;

d. supervise the employees and officers of the Authority; and

e. issue orders as provided for in this Act, and take other measures to give effect to the purpose of the Act and to implement and enforce its provisions.

Employees of the Authority

18. (1) The Minister, in consultation with the Civil Service Board, may at the request of the Director, order any Public Officer to be seconded to the Authority on terms and conditions specified in the order.

(2) The Authority may, with the approval of the Minister and of the Civil Service Board, offer any Public Officer seconded to the Authority, permanent employment on terms and conditions stipulated by the Board.

(3) The Director may, with the approval of the Board:

a. in writing appoint any person as an employee of the Authority;

b. in writing appoint any suitably qualified or experienced person as an Environment Officer and/or an Inspector;

c. in writing delegate to any Environment Officer or Inspector any power given to the Director by this Act or any other legislation; and

d. prescribe, limit or revoke an appointment or delegation.

Exemption from tax and other charges

19. Notwithstanding the provisions of any other law, the Authority is exempt from any liability to pay any tax, rates, or duty on documents in Swaziland.

Swaziland Environment Fund

20. The Swaziland Environment Fund is established as a body corporate with perpetual succession.

Powers of the Fund

21. Subject to regulations made under this Act, the Fund may-

a. acquire, hold and dispose of real and personal property;

b. sue and be sued; and

c. so far as possible for a body corporate, exercise the rights, powers and privileges and incur the liabilities and obligations of a natural person of full age and capacity.

Constitution and Proceedings of the Fund

22. The proceedings and constitution of the Fund shall be governed by regulations made under section 28.

Objects of the Fund

23. (1) The general objects of the Fund are:

a. to aggregate funds from different sources to ensure sustainable funding for programmes, projects and activities that provide for and promote the protection, conservation and enhancement of the environment and the sustainable management of natural resources;

b. to provide financial support for activities aimed at the enhancement, protection and conservation of the environment and the sustainable management of natural resources and supporting community participation in these activities; and

c. to enhance and restore the environment of Swaziland.

(2) Without limiting the generality of subsection (1), the Minister may by regulation detail more specific objects of the Fund.

(3) The Fund shall not be used to pay for the operating costs of the Authority, except that the Authority may charge the Fund for the costs of administering the Fund.

Management and Administration of the Fund

24. (1) The Fund shall be managed by a Board of Trustees comprising five trustees appointed by the Minister, of whom:

a. one is to be the Director;

b. two are to be nominated for appointment by the Board; and

c. two are to be persons of known integrity with knowledge of and experience in matters relating to environmental protection and/or sustainable management appointed after consultation with non-governmental organisations that have as a main purpose of their organisation, the promotion of environmental protection and/or the sustainable management of natural resources.

(2) The Trustees shall elect a member appointed in terms of subsection (1)(b) or (c) as Chairperson of the Board.

(3) A Trustee shall not be obliged to furnish security to any person or authority in connection with the exercise of powers or the performance of duties as a trustee of the Fund.

(4) The Fund is to be administered by the Authority in accordance with the directions and policy of the Board of Trustees.

Monies, accounts and audits

25. (1) The monies of the Fund shall consist of:

a. sums appropriated by Parliament for the purposes of the Fund;

b. donations, grants, gifts and subscriptions;

c. sums received from international, multilateral, bilateral, regional or local bodies or funds for the purpose of global, regional or local environmental protection or improvement measures;

d. income derived from investment made by the Fund and interest on loans made by the Fund; and

e. monies paid to the Fund as fines, penalties or costs imposed under this Act.

(2) The Fund shall keep proper books and other records of account and its financial records shall be audited by an auditor or auditors appointed by it with the approval of the Minister.

(3) The Fund shall within four months after the end of its financial year prepare an Annual Report on the activities of the Fund, which shall include an audited balance sheet, an audited statement of income and expenditure of the financial year, and any report by the auditors on its management and accounting practices, and shall submit it to the Minister and to the Minister responsible for Finance.

(4) The Minister shall cause the annual audited accounts of the Fund to be laid before Parliament within six months after the expiry of each financial year of the Fund.

Exemption from tax and other charges

26. Despite the provisions of any other law, the Fund, monies of the Fund and any income generated by the Fund shall be exempt from any tax, rates, or duty on documents in Swaziland.

Duration and dissolution of the Fund

27. (1) The Fund shall continue for an indefinite period and may only be dissolved by a resolution of Parliament or if it is insolvent.

(2) If the Fund is dissolved or finally liquidated any remaining assets shall be transferred to the Government.

Regulations

28. The Minister may make regulations regulating the Fund and, without prejudice to the generality of the foregoing, may make regulations providing for:

a. the specific objectives of the Fund;

b. the management and administration of the Fund;

c. the investment of the monies of the Fund;

d. the employees of the Fund;

e. the accounting and auditing of the Fund;

f. the monies of the Fund; and

g. the property of the Fund.

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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