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The Environment Management Act, 2002 Part XI - General and Transitional Provisions

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 XI - GENERAL AND TRANSITIONAL PROVISIONS

Immunity

87. A person shall not be held liable in any civil, criminal or other proceedings in respect of any act done or not done in good faith in the exercise or purported exercise of functions under this Act.

Codes of Practice

88. (1) The Minister may, by notice in the Gazette, issue codes of practice for the purposes of this Act and may amend or revoke them in the same manner.

(2) A code issued under this section:

a. may incorporate by reference any other relevant document, either as it is in force at the time the code is issued or as it may be subsequently amended;

b. may provide that in any criminal proceedings relating to an alleged contravention of a provision of this Act, proof of compliance with the relevant provisions of the code shall constitute a defence.

(3) The Minister shall not issue, amend or revoke a code of practice except on the recommendation of the Director after the Director has consulted with those persons and bodies whom the Director believes will be affected by the proposed code of practice, and in the case of a new or amended code, unless the new or amended code has been subjected to public review in accordance with section 52.

(4) A failure on the part of any person to follow any guidance contained in a code issued under this section shall not of itself render that person liable to proceedings of any kind.

(5) If it is alleged in a proceeding that a person has contravened a provision of this Act in relation to which a code of practice was in effect at the time of the alleged contravention, the code of practice is admissible in evidence in those proceeding and proof that the person complied with the relevant provision of the code may be relied on by the defence as tending to establish the person's innocence and conversely, proof that the person failed to comply with the relevant provision of the code may be relied on by the prosecution as tending to establish the person's guilt.

(6) The Minister shall cause any code issued or revised under this section to be printed and distributed, including making copies of it available for sale to the public and available for inspection at the Registry.

Repeal and Amendment of Laws

86. (1) The Swaziland Environment Authority Act, 1992 is repealed.

(2) Notwithstanding subsection (1), regulations that are made pursuant to the Act referred to in that paragraph remain in force unless amended or revoked by another regulation or Act, and the rights and obligations of the Swaziland Environment Authority established under the Swaziland Environment Authority Act, 1992 are deemed to be the rights and obligations of the Authority.

(3) Notwithstanding subsection (1), licences and permits issued under, and other rights, privileges, duties, obligations and liabilities acquired pursuant to, the Act referred to in that sub-section, remain in force unless specifically abrogated, rescinded, revoked, repealed, suspended or otherwise changed pursuant to another Act, regulation or legal rule; but shall have no effect on the rights, privileges, duties, obligations and liabilities created in this Act, except as specified in this Act.

Regulations

89. (1) The Minister may make regulations to better administer this Act and to facilitate the achievement of the purpose of this Act, and without limiting the generality of the foregoing may make regulations:

a. relating to animal welfare and the prevention of cruelty to animals;

b. in respect of matters which are incidental or supplementary to any matter in respect of which the Minister is expressly authorised to make regulations under this Act;

c. prescribing fees or charges payable in respect of any matter arising under, provided for, or authorised by, this Act;

d. prescribing offences against regulations made under this Act and prescribing fines not exceeding the ones prescribed under this Act, in respect of any one offence;

e. prescribing the forms of contents of applications, licences, approvals, consents, registers, notices, orders and other documents required for the purpose of this Act, or authorising the Director to prescribe such forms;

f. prescribing requirements as to information to be given in or in connection with returns, applications and other documents delivered or made for the purposes of this Act, and the evidence to be supplied in support;

g. regulating the authentication of any certificate, notice or other document issued under this Act;

h. requiring that any information or document required to be submitted under this Act be verified by statutory declaration;

i. providing the procedures for the service of notices, orders and documents under this Act and the times at which they shall be taken to have been served; and

j. prescribing the procedures to be followed for objections, reviews and appeals under this Act, and the making, consideration, hearing and determination of objections, reviews and appeals.

(2) In order to achieve the purpose of this Act, the Minister may make any regulations under this Act in the absence of absolute or conclusive scientific proof in respect of adverse effect or risk, provided that the regulation mentions the precautionary principle as the rationale for so doing.

Supremacy of the Act

90. Where there is an inconsistency between the provisions of this Act and any other law that affects the environment, other than the Constitution of the country, this Act shall prevail.

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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