Faolex

MFN:192395
Record Identifier:LEX-FAOC192395
Date of Entry:2020-01-28
Initials - Entry:hup
Initials - Modify:vat
Record Status:C
Major Record:Y
Domain(s):AT; EN; FO; LA; WA; WB; WT
Primary Subject(s):EN-Environment
Country:Uganda
Language of the FAOLEX Record:E
Language of Received Document:English
Title of Text:National Environment Act, 2019.
Long Title:An Act to repeal, replace and reform the law relating to environmental management in Uganda; to provide for the management of the environment for sustainable development; to continue the National Environment Management Authority as a coordinating, monitoring, regulatory and supervisory body for all activities relating to environment; to provide for emerging environmental issues including climate change, the management of hazardous chemicals and biodiversity offsets; to provide for strategic environmental assessment; to address environmental concerns arising out of petroleum activities and midstream operations, to provide for the management of plastics and plastic products; to establish the Environmental Protection Force; to provide for enhanced penalties for offences under the Act; to provide for procedural and administrative matters; and for related matters.
Type of Text:L
MCK verified:Y
Main/classifying keywords:238; 917
ecosystem conservation; protection of environment
Keywords (EN):001; 712; 114; 058; 019; 209; 081; 099; 242; 310; 723; 935; 732; 404; 413; 505; 103; 032; 033; 806; 917; 067; 917; 821
framework law; environmental planning; institution; environmental impact assessment (EIA); policy/planning; pollution control; inspection; special fund; court/tribunal; mountain area; environmental standards; payments for ecosystem services/ payment for environmental services (PES); oil pollution; early warning system; biotechnology; genetically modified organism (GMO); legal proceedings/administrative proceedings; enforcement/compliance; offences/penalties; comparative analysis; protection of environment; standards; protection of environment; governance
Keywords (FO):328
forest management/forest conservation
Keywords (LA):709; 708; 219; 225; 702; 209
land-use planning; coastal zone management; soil conservation/soil improvement; soil pollution/quality; erosion; pollution control
Keywords (WA):849; 227; 216; 218; 209; 238
sustainable development; water resources management; effluent waste water/discharge; freshwater pollution; pollution control; ecosystem conservation
Keywords (WB):601; 021; 059; 802; 064
biodiversity; management/conservation; wetlands; access and benefit-sharing; genetic resources
Keywords (AT):707; 719; 209
air quality/air pollution; emissions; pollution control
Keywords (WT):209; 744
pollution control; waste management
Comments:Any statutory instrument made under the National Environment Act, Cap. l53 repealed and which is in force immediately before the commencement of this Act, shall remain in force, so far as it is not inconsistent with this Act, until it is revoked by a statutory instrument made under this Act and until that revocation, shall be deemed to have been made under this Act.
Date of Text:2019-02-24
Implemented by:[LEX-FAOC203439] - National Environment (Environmental and Social Assessment) Regulations, 2020 (S.I. No. 143 of 2020). 2020
Implemented by:[LEX-FAOC203454] - National Environment (Waste Management) Regulations, 2020 (S.I. No. 49 of 2020). 2020
Implemented by:[LEX-FAOC203588] - National Environment (Oil Spill Prevention, Preparedness and Response) Regulations, 2020. 2020
Implemented by:[LEX-FAOC202930] - National Environment (Audit) Regulations, 2020 (No. 47 of 2020). 2019
Implemented by:[LEX-FAOC203525] - National Environment (Management of Ozone Depleting Substances And Products) Regulations, 2020 2019
Repeals:[LEX-FAOC008957] - National Environmental Act, 1995 (Cap 153). 1995-05-17 (repealed)
Related document:[LEX-FAOC219095] - Fisheries and Aquaculture Act 2022. 2023-02-08
Related Web Site:www.parliament.go.ug
Related Files: uga192395.pdf
Abstract:This Act provides generally for the protection of the environment in Uganda and makes changes to environmental law so as to address emerging environmental issues including climate change, the management of hazardous chemicals, the environmental concerns arising out of petroleum activities and the management of plastics. It also establishes a specialised unit, the Environmental Protection Force, to handle enforcement. The Act consists of 182 sections divided into 17 Parts: Preliminary (I); Institutional Arrangements (II); Funds of the Authority and the National Environment Fund (III); Environmental Planning (IV); Management of the Green Environment (V); Sound Management of Chemicals and Product Control (VI); Control of Pollution and Environmental Emergency Preparedness (VII); Management of Waste (VIII); Establishment of Environmental Standards (IX); Environmental and Social Assessment (X); Environmental Easements (XI); Environmental Compliance and Enforcement (XII); Judicial Proceedings (XIII); Environmental Information and Literacy (XIV); International Obligations (XV); Offences, Penalties, Fees, Fines and other Charges (XVI); General Provisions (XVII). The Act is completed by nine Schedules.

Part II provides for the institutional framework for the law by establishing the Policy Committee on Environment responsible for strategic policy guidance and providing for the functions of the Minister responsible for the environment. It continues the National Environment Management Authority and establishes the Environmental Protection Force. It also provide for urban, district and lower local government environment committees and their functions, and support to local governments environment committees in the management of environmentally sensitive areas.

Part IV provides for environmental planning to be undertaken at national level and local government level. It provides for the national environment action plan, sector environment action plans, the national state of the environment report, district state of the environment reports, strategic environment assessments, and land use planning that takes into account environmental considerations.

Part V provides for measures for the management of the green environment. It provides for special conservation areas; sustainable use and proper management of the environment and natural resources; including lakes, rivers, wetlands and any area declared to be a conservation area. It also provides for access to genetic resources and utilization of the genetic resources, the environmental-health aspects of genetically modified organisms, payment for ecosystem services and management of climate change impacts on ecosystems. The National Environment Management Authority shall, in collaboration with the relevant lead agency, issue guidelines and prescribe measures for the sustainable use of hilly and mountainous areas. The Office of the Prime Minister shall, in consultation with the Authority, the Petroleum Authority of Uganda and any other relevant lead agency, establish a National Oil Spill Contingency plan in the manner prescribed by regulations.

Part VI seeks to control the use of hazardous chemicals and products in order to protect human health and the environment. It concerns restrictions on import, export, manufacture, use or distribution of hazardous chemicals, including ozone depleting substances and products.

Part IX requires the Authority to establish standards for the protection of human health and the environment. The standards range from air quality standards, standards for control of noxious smells, standards for discharge of effluent, standards for the control of effects of vibration and noise pollution, soil quality standards and standards for minimisation of radiation, among others.

Part XII establishes the Environmental Tribunal and provides with respect to its compositions, proceedings, etc.

A National Environment Action Plan shall be made every five years and reviewed every two and half years. The Authority shall, in collaboration with the relevant lead agency, issue guidelines and prescribe measures for the conservation of biological diversity and issue guidelines regarding forests and hilly and mountainous areas. The Authority shall, in consultation with the relevant lead agency, identify activities and set up mechanisms for payment for ecosystem services. "Ecosystem services" are the direct and indirect economic, social and environmental benefits obtained from the correct functioning of ecosystems, including watershed regulation, maintenance of biodiversity and carbon sequestration, for human well-being.