Uganda
National Environment Act
Chapter 153
- Commenced on 19 May 1995
- [This is the version of this document at 31 December 2000.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
Part I – Interpretation
1. Interpretation
In this Act, unless the context otherwise requires—Part II – General principles
2. Principles of environment management
3. Right to a decent environment
Part III – Institutional arrangements
The authority
4. Establishment of the National Environment Management Authority
5. Powers of the authority
The authority shall be the principal agency in Uganda for the management of the environment and shall coordinate, monitor and supervise all activities in the field of the environment.6. Functions of the authority, relationship with lead agencies and delegation
Policy committee on the environment
7. Policy committee on the environment
The board
8. Establishment and membership of the board
9. Functions and meetings of the board
10. Technical committees
Staff of the authority
11. Executive director and deputy executive director
12. Functions of the executive director and the deputy executive director
13. Other staff of the authority
14. District environment committee
15. District environment officer
16. Local environment committee
Part IV – Environmental planning
17. Environmental planning at the national level
18. Environmental planning at a district level
Part V – Environmental regulation
19. Project brief and environmental impact assessment
20. Environmental impact statement
21. Consideration of the statement by the lead agency; obligation of the developer
22. Environmental audit
23. Environmental monitoring
Part VI – Establishment of environmental standards
24. Air quality standards
The authority shall, in consultation with the lead agency—25. Water quality standards
The authority shall, in consultation with the lead agency, establish—26. Standards for the discharge of effluent into water
The authority may, in consultation with the lead agency—27. Standards for the control of noxious smells
The authority shall, in consultation with the lead agency, establish—28. Standards for the control of noise and vibration pollution
The authority shall, in consultation with the lead agency, establish—29. Standards for subsonic vibrations
The authority shall, in consultation with the lead agency, establish—30. Soil quality standards
31. Standards for minimisation of radiation
32. Other standards
Part VII – Management of the environment
33. Scope of Part VII
The measures for the management of the environment and natural resources provided for under this Part shall be exercised in conjunction with other measures, incentives, fees and disincentives that may be included in the annual budget proposals by the Minister responsible for finance under section 93.34. Limits on the use of lakes and rivers
35. Management of river banks and lake shores
36. Restrictions on the use of wetlands
37. Management of wetlands
38. Identification of hilly and mountainous areas
39. Reforestation and afforestation of hilltops, hillsides and mountainous areas
40. Other measures for the management of hillsides, hilltops and mountainous areas
41. Guidelines for conservation of biological diversity
42. Conservation of biological resources in situ
The authority shall, in consultation with the lead agency—43. Conservation of biological resources ex situ
The authority shall, in consultation with the lead agency—44. Access to the genetic resources of Uganda
45. Management of forests
46. Conservation of energy and planting of trees or woodlots
47. Management of rangelands
48. Land use planning
49. Protection of natural heritage sites
50. Protection of the ozone layer
51. Management of dangerous materials and processes
52. Duty to manage and minimise waste
53. Management of hazardous waste
54. Illegal traffic in waste
55. Guidelines for management of toxic and hazardous chemicals and materials
56. Prohibition of discharge of hazardous substances, chemicals, oil, etc. into the environment and spiller’s liability
Part VIII – Control of pollution
57. Prohibition of pollution contrary to established standards
58. Pollution licences
59. Application for a pollution licence
60. Consideration of the application by the committee
61. Conditions in a pollution licence
62. Fees for a licence
63. Renewal of a pollution licence
64. Cancellation of a pollution licence
The committee may, in writing, cancel any pollution licence—65. Register of a pollution licence
66. Disaster preparedness
Part IX – Environmental restoration orders and environmental easements
67. Environmental restoration orders
68. Service of an environmental restoration order
69. Reconsideration of an environmental restoration order
70. Action by the authority on environmental restoration orders
71. Issue of an environmental restoration order by a court
72. Environmental easements
73. Application for an environmental easement
74. Enforcement of an environmental easement
75. Registration of an environmental easement
76. Compensation for environmental easements
Part X – Records, inspection and analysis
77. Recordkeeping
78. Transmission of records to the authority
79. Designation of environmental inspectors
The authority may, by notification in the Gazette, designate as many officers as it deems fit from duly qualified public officers, whether by name or by title of office, to be environmental inspectors within such local limits as may be specified in the notification.80. Powers and duties of environmental inspectors
81. Procedure for taking samples for analysis
The authority shall, on the advice of the lead agency, prescribe the form and manner in which samples will be taken for analysis.82. Designation of analytical laboratories and reference laboratories
83. Designation of analysts and reference analysts
84. Certificate of analysis and its effect
Part XI – Information, education and public awareness
85. Freedom of access to environmental information
86. Gathering, analysis and management of environmental information
87. Integration of environmental education into the school curriculum
The authority shall, in collaboration with the Minister responsible for education, take all measures necessary for the integration into the school curriculum of education on the environment.Part XII – Financial provisions
88. Fund of the authority
89. Administration of the fund
90. Duty to operate on sound financial principles
91. Estimates
92. Accounts, audits and annual report
93. Minister’s powers in relation to taxation
Notwithstanding the Income Tax Act, the Minister responsible for finance may, on the advice of the board and the policy committee, include in the annual budget—94. Refundable performance deposit bonds
Part XIII – Offences and penalties
95. Penalties relating to environmental inspectors
Any person who—96. Offences relating to impact assessment
Any person who—97. Offences relating to records
Any person who—98. Offences relating to environmental standards and guidelines
Any person who—99. Offences relating to hazardous waste, materials, chemicals and radioactive substances
Any person who—100. Offences relating to pollution
Any person who—101. Offences relating to restoration orders and easements
Any person who—102. General penalty
Any person who commits an offence against any provision of this Act or of a statutory instrument made thereunder for which no other penalty is specifically provided is liable on conviction to imprisonment for a term of not less than three months or to a fine of not less than thirty thousand shillings and not more than three million shillings or to both.Part XIV – Judicial proceedings
103. Immunity of officials
No suit, prosecution or other legal proceeding may be brought against the policy committee, the executive director, the board, an inspector, an analyst or other official in their personal capacity for anything done in good faith under this Act or statutory instruments, guidelines and standards made thereunder.104. Appeal from a decision of the authority
Unless otherwise expressly provided in this Act—105. Forfeiture, cancellation, community service and other orders
Part XV – International obligations
106. Conventions and treaties on the environment
Part XVI – Miscellaneous provisions
107. Power to make regulations
108. Existing laws
Any law existing immediately before the coming into force of this Act relating to the environment shall have effect subject to such modifications as may be necessary to give effect to this Act; and where any such law conflicts with this Act, the provisions of this Act shall prevail.History of this document
19 May 1995
Commences.