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The Environment Management Act, 2002 Part V - Pollution Control

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 V - POLLUTION CONTROL

Prohibition against discharges

34. (1) A person shall not without lawful authority, discharge or cause or permit the discharge of a contaminant into the environment if that discharge causes, or is likely to cause, an adverse effect.

(2) A person who contravenes the provisions of subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding E250,000.00 or to imprisonment to a term not exceeding five years or to both.

Reporting of discharges

35. (1) A person who discharges or causes or permits the discharge of a contaminant into the environment in a manner or amount that is unlawful or that causes or is likely to cause an adverse effect shall:

a. immediately notify the Authority; and

b. take all practicable steps to contain the discharge and to avoid, mitigate and/or remedy the adverse effects resulting from the discharge, including removing any deposit.

(2) A person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not more that E150,000.00 or to imprisonment to a term not exceeding three years or to both.

Integrated pollution prevention and control

36. (1) For the purposes of this section, "best practicable option", in relation to the discharge of a contaminant or an emission of noise, means the best method for preventing or minimising adverse effects on the environment, having regard, among other things, to:

a. the nature of the discharge or emission and the sensitivity of the receiving environment to adverse effects;

b. the financial implications, and the effect on the environment, of that option when compared with other options; and

c. the current state of technical knowledge and the likelihood that the option can be successfully applied.

(2) Any person who discharges contaminants or emits noise shall take all reasonable measures to ensure that the best practicable option is adopted in relation to the discharge or emission.

(3) In determining whether or not to issue a licence, permit or other authorisation to discharge a contaminant, and the terms and conditions of the licence, permit or authorisation, the Director or any other person empowered to make the decision shall seek to ensure that the best practicable option is adopted.

Regulations

37. (1) The Minister, on the advice of the Board, may make regulations:

a. preventing and controlling activities that result in adverse effects on the environment;

b. requiring any person or class of person to monitor discharges of contaminants and to keep records of the results of the monitoring;

c. creating systems of integrated pollution prevention and control;

d. imposing substantive and procedural requirements on persons issuing licences and permits under this Act or the regulations;

e. establishing requirements, standards and guidelines for preventing and controlling discharges into the environment and for activities and the operation of facilities which may cause discharges into the environment;

f. requiring persons applying for discharge licences to pay for the administrative costs of dealing with such applications, including the reasonable costs of obtaining expert assistance in dealing with the applications;

g. classifying discharges, activities and facilities;

h. classifying hazardous substances, toxic substances, potentially toxic substances, environmentally harmful substances and other types of controlled substances;

i. preventing, prohibiting and regulating (by way of licences, standards guidelines and other means) the import, export, manufacture, transportation, handling, sale, offering for sale, possession, use, storage, or disposal of any class of controlled substance or substance or product containing a controlled substance;

j. to require the Authority and competent authorities in other countries to be notified or consulted prior to any permission being given for the importation, manufacture or registration of controlled substances;

k. deeming any thing to be a contaminant;

l. prohibiting, regulating and establishing standards in relation to discharges of contaminants into the environment;

m. requiring, prohibiting, regulating and establishing standards in relation to the use of any technology, procedure, equipment, fuel, input or other method used in an operation, process or activity that may result in discharge of a contaminant into the environment;

n. regulating the composition, manufacture, importation, possession, transportation, sale, or offer for sale, storage, use and disposal of fuels;

o. requiring monitoring of discharges of contaminants into the environment and of ambient environmental quality in areas surrounding discharges;

p. requiring any information relating to discharges of contaminants into the environment or to ambient environmental quality to be reported to any person or organ of Government;

q. establishing a licensing system to control discharges of contaminants into the environment;

r. requiring payment of charges and administration fees in relation to discharges of contaminants into the environment;

s. prohibiting, regulating and establishing standards in relation to the manufacture, distribution, sale or offering for sale of products the manufacture, use or disposal of which may have resulted or may result in the discharge of a contaminant into the environment;

t. in respect of motor vehicles-

i. requiring, regulating and prohibiting the installation, maintenance and use of equipment and devices;

ii. establishing mandatory emission standards and testing programmes;

iii. prohibiting the use of any motor vehicle that fails to comply with an emission standard; and

iv. prohibiting or regulating the use of motor vehicles in designated lanes of designated roads, or roads and in certain parts of urban areas;

u. requiring, regulating and restricting the use of notices, marks and labels on products, packaging and containers; and

v. prohibiting or regulating in certain areas, on certain days of the year, or both, the carrying out and manner of carrying out of activities that may result in the discharge of a contaminant.

(2) The Minister may make regulations under this section in the absence of absolute or conclusive scientific proof of the degree of toxicity or the hazard posed by the substance, provided that the regulation refers to the precautionary principle as the rationale for so doing.

(3) Before making or amending regulations under this section in relation to a substance that is regulated under other legislation, the Minister shall consult with the Minister responsible for implementing the relevant legislation with a view to ensuring that the substance is regulated in a consistent manner.

Disclosure of information

38. (1) For the purpose of making a regulation under this section, the Minister may in writing order any person to disclose specified relevant information.

(2) If any person providing information pursuant to an order under subsection (1) requests in writing that the Minister not divulge any portion of that information on the basis that it is confidential, and gives reasons for making this claim the Minister shall not divulge that portion of that information.

(3) General conclusions of a scientific nature and any regulations made by the Minister are deemed not to be confidential information under subsection (2).

Requests for regulations

39. (1) Any person may in writing request the Minister to make a regulation under paragraphs (h) or (i) of subsection 37(1), or both, in respect of a substance or class of substances, and within four months of receiving the request the Minister shall either:

a. make a regulation under paragraphs (h) or (i) of subsection 37(1), or both, in respect of the substance or class of substances; or

b. decline to make the regulation and notify the person who submitted the request of the decision and the reasons for it.

(2) Any person may, within 30 days of the publication of a regulation under paragraphs (h) or (i) of subsection 37(1), or the date of receipt of a notification under subsection (1)(b), lodge an application for review under section 82 on the basis that the regulation or the decision of the Minister fails to provide adequate protection to the environment or to humans against the risk of adverse effects caused by the substance or otherwise fails to give effect to the purpose of this Act.

Local, regional and global contaminants

40. For the purpose of promoting, enhancing, protecting and conserving the global or regional environment and the sustainable management of natural resources in the region or globally, the Minister, on the advice of the Authority, may make regulations:

a. declaring any substance to be a contaminant that affects the global environment;

b. classifying contaminants that affect the global environment; and

c. prohibiting, regulating (including requiring licences and establishing standards and guidelines), monitoring, and gathering and disseminating information, in respect of-

i. the import, export, manufacture, transportation, sale, offering for sale, possession, use, storage, discharge or disposal of any contaminant or class of contaminant that affects the global environment; and

ii. the import, export, manufacture, transportation, sale, offering for sale, possession, or use of technology for the production and use of, or any product or device containing, a contaminant that affects the global environment.

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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