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Environmental Legislations Summaries

The following are the working legislative tools for the Swaziland Environment Authority:

The Swaziland Environment Act, 1992

The main purpose of the Act was to establish the Swaziland Environment Authority and confer general powers and functions of environmental protection to it. It also vested to the Minister, power to make regulations under it, hence the Environmental Audit, Assessment and Review Regulations and the Waste Regulations, 2000 were developed.

With new developments it has since become evident that the SEA Act had adopted a narrower approach in the field of environmental protection. A new Act which establishes a more comprehensive legal framework for environmental protection has been enacted. With its broader environmental objectives the Act creates an appropriate legal basis for achieving the general specific objectives set out in the National Environmental Policy. The SEA Act is therefore being repealed by this new Act (Environment Management Act, 2002) save for section 11.

The Environmnetal Management Act, 2002

This Act came into operations of 1st September 2003. It transforms the Swaziland Environment Authority into a body corporate with powers to sue and be sued. It is intended to promote the integrated management of the environment and natural resources.
As a method to ensure appropriate enforcement the Act allows both public and private prosecutions. It further empowers the Authority with powers to issue certain orders and automatic fines in cases of environmental damage. Upgraded fines are attached to discourage pollution.

The Environmental Audit, Assessment and Review Regulations, 2000

Made in terms of Section 18 of the Swaziland Environment Authority Act 1992, the objectives of these Regulations is to avoid and mitigate adverse effects of proposed projects and existing undertakings. It provides a method of certifying project proponents who comply with both preliminary procedures for their activities. It also arms the Authority with sanctionary measures in times of non compliance. Most of all, it is the only piece of legislation that provides for public participation in environmental matters, one of the most important components of the Rio 10 Principles.

The Waste Regulations, 2000

These Regulations are also made in terms of section 18 of the SEA Act. The objectives of these regulations is to ensure appropriate waste management in the country. Infact this piece of legislation is a landmark frame work to the problem of solid waste in Swaziland. The legislation imposes a string of stringent sanctions in cases of poor management of waste. Although the new Act repeals the SEA Act it does not however, repeals these Regulations, hence they are applicable as long as they are not in consistent with the EMA.

The Ozone Regulations, 2003

The purpose these regulations is to control the licensing system on the import and export of ozone depleting substances as a means of regulating the transfer of such substances which can leave the country with adverse impacts. This will in turn help the SEA to improve its monitoring exercises to end users of such substances.

Downloadable Documents - Legislation


Related pages:

Environmental Laws of Swaziland
The Environment Management Act, 2002
Responsible Organisation:
SEA
 
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