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Record identifier:TIM-000873
Record status:C
Country:Uganda [UGA]
Faolex ID:LEX-FAOC192395
In force:Y
Sector:WE-Environment/Wildlife
Type of text:LE-Primary Legislation: Act/Law/Order
Date of Text:2019-02-24
Title:National Environment Act, 2019.
Reference:Arts. 2; 57; 69; 112. Schedules 4; 10; 11
Measures:Art.2 Interpretation. In this Act unless the context otherwise requires [...] ”lead agency” means a ministry, department, agency, local government or public officer in which or in whom the functions of control or management of any segment of the environment are vested; ”project brief” means a summary statement of the likely environmental impacts of a proposed project referred to in section 112.
Art.57 Restoration, reforestation and afforestation of hilly and mountainous areas. (1) A lead agency shall, in its environment action plan made under section 45, specify which of the areas identified in accordance with section 56 shall be targeted for restoration, afforestation or reforestation. (2) The lead agency shall take measures, including by encouraging voluntary self-help in the community, to plant trees and other vegetation in any areas specified under subsection (1) which are within the limits of its jurisdiction and not subject to any personal interest in the land. (3) Where the areas specified under subsection (l) are subject to a leasehold or any other interest in land, including customary tenure, the holder of that interest shall be responsible for taking measures to stabilise the soils and to plant trees and other vegetation in those areas. (4) Where the holder of an interest in land fails to comply with subsection (3), the Lead agency or the Authority may take necessary measures, including limiting the use of the land or imposing conditions for the use of the land, to ensure compliance.
Art.69 Management of climate change impacts on ecosystems. (1) The lead agency may, in consultation with the Authority, put in place guidelines and prescribe measures to- (a) address the impacts of climate change on ecosystems, including by improving the resilience of ecosystems, promoting low carbon development and reducing emissions from deforestation and forest degradation, sustainable management of forests and conservation of forest carbon stock; and (b) advise institutions, firms, sectors or individuals on strategies to address the impacts of climate change, including those related to the use of natural resources. (2) The lead agency shall, within its mandate and in consultation with the Authority - (a) take measures and issue guidelines to address the impacts of climate change, including measures for mitigating and adaptation to the effects of climate change; and (b) liaise with other lead agencies to put in place strategies and action plans to address climate change and its effects. (3) The Authority may liaise with the lead agency to assist Government institutions, private sector, civil society and other stakeholders to mainstream mitigation and adaptation strategies in their planning and decision-making processes.
ART.112 Projects for which project briefs are required. (1) A developer of a project set out in Schedule 4 to this Act shall undertake an environmental and social impact assessment by way of project brief. (2) The developer of a project set out in part I of Schedule 4 to this Act shall submit a project brief to the Authority in the manner prescribed by regulations. (3) A developer of a project set out in part II of Schedule 4 shall submit a project brief to the lead agency in the manner prescribed by regulations. (4) Where there is more than one lead agency, the lead agency to which the project brief is submitted shall consult with the other lead agencies in the consideration of the project. (5) Where the Authority, in consultation with the lead agency, is satisfied that the project referred to in subsection (2) is likely nor to have significant adverse impacts on human health or the environment or that the project brief contains sufficient mitigation measures to cope with the anticipated impacts, it may approve the project. (6) Where the Authority finds that the project in subsection (2) is likely to have significant adverse impacts on the environment or that the project brief does not disclose sufficient mitigation measures to cope with anticipated impacts, the Authority may reject the project or may require the developer to undertake an environmental and social impact assessment.
Schedule 4 Projects for which project briefs are required. PART 2. PROJECTS BRIEFS TO BE SUBMITTED TO THE LEAD AGENCY. 6. Forestry. (a) Selective removal of single tree species over an area of 4 acres. (b) Firewood extraction and harvest of non-wood forest products. (c) Establishment of plantations of between 250ha and 500 ha. (d) Support facilities to (a) to (c).
Schedule 4 PROJECTS FOR WHICH ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENTS ARE MANDATORY. […] 8. Nature conservation areas. (a) Creation of wildlife protected areas. (b) Upgrades to protected areas of community wildlife conservation areas or community conservation areas outside protected areas. (c) Introduction of new or alien wildlife species; including microorganisms to local ecosystems. (d) Degazettement of wildlife protected and management areas. (e) Commercial exploitation of wild fauna and flora within and outside protected areas, including setting of extractive off take quotas for trade and sport hunting. [...] (k) Support facilities to (a) to (i). 9. Forestry. (a) Gazetting or degazetting of forest reserves. (b) Conversion of forested land to other land uses within catchments and watersheds . (c) Introduction of new tree species. (d) Commercial charcoal production. (e) Extraction of rubber and resins. (f) Establishment of plantations of more than 500 ha. (g) Support facilities to (a) to (f). [...] 11. Wood industries. (a) Manufacture of veneer and plywood. (b) Manufacture of furniture and medium density fibre products. (c) Stationary sawmill and shingle mill products industries. (d) Wood preservation facilities. (e) Manufacture of pulp, paper and sand-board mills.
Schedule 10 PROJECTS WHICH MAY REQUIRE ENVIRONMENTALAND SOCIAL IMPACT ASSESSMENTS. l.Projects not listed in schedule 6 and planned to be located in or near environmentally sensitive areas such as: [...] (c) community forests, forests in former public land and private forests.
Schedule 11 PROJECTS OR ACTIVITIES EXEMPTED FROM ENVIRONMENT ASSESSMENTS [...] 10.Change of forest reserve to wildlife protected area and vice versa, or any other protected area system.
Activity:GE-General; CN-Conservation
Type of forest:GE-General; CO-Community; ID-Indigenous
Target subject:GE-General; ID-Indigenous; CM-Community; PS-Protected species
II. Timber Harvesting Activities:identification and/or protection of environmental and social values affected by harvesting