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The Environment Protection Agency Act, 2022
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Contents
- Preamble
- Section 1 — In this Act unless the context otherwise requires -
- Section 2
- Section 3
- Section 4
- Section 5
- Section 6
- Section 10 — The Executive Chairman and the other members of the
- Section 11 — (1) Where the Executive Chairman or a member of the
- Section 12
- Section 14
- Section 15 — (1) The Executive Chairman shall be assisted by a Chief
- Section 16
- Section 17 — (1) The Executive Chairman may, with the approval of the
- Section 18
- Section 19
- Section 20
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26 — (1) On receipt of an application under section 25, the
- Section 27
- Section 28
- Section 29
- Section 33
- Section 34
- Section 35 — (1) The owner of a project shall permit and assist the
- Section 37
- Section 38
- Section 39
- Section 40
- Section 41 — A person who is convicted under subsection (4) of section
- Section 42
- Section 43
- Section 46
- Section 47
- Section 48
- Section 52
- Section 53
- Section 54
- Section 55
- Section 56
- Section 57
- Section 58
- Section 60
- Section 61
- Section 62 — Where the holder of a licence or permit issued under this
- Section 63
- Section 64
- Section 65
- Section 67
- Section 68 — (1) There shall be established, a Ward Environment
- Section 69
- Section 70
- Section 71
- Section 72
- Section 75 — (1) There shall be established an Internal Audit Control
- Section 76
- Section 77
- Section 78 — (1) The Environment Protection Agency Act, 2008 (Act
THE ENVIRONMENT PROTECTION AGENCY ACT, 2022
Being an Act to provide for the continuation of the Sierra
Leone Environment Protection Agency, to provide for more effective
and efficient protection and management of the environment and to
provide for other related matters
[ ]
ENACTED by the President and Members of Parliament in this
present Parliament assembled.
Date of commencement.
SIGNED this 6th day of September , 2022.
DR. JULIUS MAADA BIO,
President.
LS
ACT
Supplement to the Sierra Leone Gazette Vol. CXLXIII, No. 65
dated 15th September, 2022
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
PART 1-PRELIMINARY
"adaptation" means adjustment to natural or human
systems in response to actual or expected climatic
stimuli or their effects which moderates harm or
exploits beneficial opportunities;
"Agency" means the Environment Protection Agency
in Sierra Leone referred to in section 2;
"air" includes air within a building, vehicle, an
enclosure, structure or the air space of Sierra Leone;
"air pollution" means a condition of the ambient air
arising wholly or partly from the presence of one or
more pollutants in the air that endangers the health,
safety or welfare of persons or interferes with the
normal enjoyment of life or property;
"airspace" means the airspace within the territorial
limits of Sierra Leone;
"ambient air" means the atmosphere within and outside
a structure or within an underground space;
"authorised officer" means a person authorised by the
Agency to exercise, in accordance with the terms of
such authorisation, a power specified in this Act;
"Board" means the Board of Directors established by
section 3;
"chemicals" means any chemical elements, its
compounds, products "or preparation, in the natural
or manufactured states and these may include but
not limited to agro-chemicals, public health chemicals,
explosives, chemicals used for mining purposes,
petrochemicals"
"chlorofluorocarbon" means a fully halogenated
chlorofluorocarbon each molecule of which contains
one, two or three carbonations in the categories set
out in the Fourth Schedule;
"climate change" means a change in the climate system
which is caused by significant changes in the
concentration of greenhouse gases as a
consequence of human activities and which is in
addition to natural climate change that has been
observed during a considerable period;
"controlled substance" includes chlorofluorocarbons,
other fully halogenated chlorofluorocarbons, halon,
tetrachloride, 1,1,1, trichloroethane, methyl bromide
whether they are virgin recovered recycled or
reclaimed, but do not include any controlled
substance-
(a) which is in a manufactured product other than
a container used for the transportation or
storage of that substance;
(b) originating from inadvertent or coincidental
production during a manufacturing process,
or from use as a processing agent which is
present in chemical substance as trace
impurities, or which is emitted during product
manufacture or handling;
"controlled product" means a product that contains,
is made with, is dependent on or designed to contain
a controlled substance;
"discharge" includes deposit of effluents such as
waste water, sewage and air borne emissions;
"disposal" includes both land-based disposal and
dumping in waters and the airspace of Sierra Leone;
"emissions" in relation to a greenhouse gas, means
emissions of that gas into the atmosphere where the
emissions are attributable to human activity;
2 3
Interpretation.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022 5
emissions and enhancing potential sinks for
greenhouse gases;
"monitoring" includes the inspection, measurement,
sampling or analysis of the discharge of a pollutant
or of any environmental medium in any locality,
whether periodically or continuously;
"Multilateral Environmental Agreements Implementation Coordination Committee" means the
Multilateral Environmental Agreements Implementation Coordination Committee established under
section 66;
"National Environment Compliance and Enforcement
Coordination Committee" means the National
Environment Compliance and Enforcement
Coordination Committee established under section
67;
"offshore facility" means any facility of any kind
located over,in, on, or under any of the waters of
Sierra Leone;
"onshore facility" means any facility of any kind
including motor vehicles and rolling stock, located
over, in or under any land within Sierra Leone other
than submerged land;
"owner" includes-
(a) in the case of a vessel the owner, operator or
charterer of the vessel;
"environment" includes land, air, water and all plants,
animals and human beings living therein and the
inter-relationship which exists among these or any
of them;
"Executive Chairman" means the Executive Chairman
appointed under section 14;
"greenhouse gas" includes -
(a) carbon dioxide;
(b) methane;
(c) nitrous oxide;
(d) hydrofluorocarbons;
(e) perfluorocarbons;
(f) sulphur hexafluoride;
(g) indirect greenhouse gases; and
(h) nitrogen trifluoride.
"halon" means an abominated chemical related to a
chlorofluorocarbon, used in firefighting and having
a very high ozone depleting potential set out in
column III of the Fourth Schedule including their
isomers;
“Leones (Le)” means leones in the old currency;
"licence" means an environmental impact assessment
licence issued under paragraph (a) of subsection
(2) of section 29;
"Minister" means the Minister charged with
responsibility for the environment and Ministry shall
be construed accordingly;
"mitigation" means efforts that seek to prevent or slow
down the increase of atmospheric greenhouse gas
concentrations by limiting current or future
4 No. 15 The Environment Protection Agency Act 2022
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(b) in the case of an onshore facility or an
offshore facility, the owner or operator of
such facility;
(c) in the case of an abandoned offshore facility,
the owner or operator of such facility
immediately before its abandonment; and
(d) in the case of a project, a person managing or
controlling the project;
"Paris Agreement" means the agreement within the
United Nations Framework Convention on Climate
Change dealing with greenhouse gas emissions
mitigation, adaptation and finance starting in the
year 2020;
“Permit” means a permit granted by the Agency in
accordance with this Act or the regulations made
there under;
"pollution" means natural, man-made or man-aided
alteration of the chemical or biological quality oof
the chemical, physical or biological quality of the
environment to the extent that it is detrimental to the
environment and human health or beyond acceptable
limits;
"project" means any activity which requires a licence
under this Act;
"Protocol" means the Protocol on Substances that
Deplete the Ozone Layer adopted in Montreal,
Canada in 1987.
"removal" means removal of hazardous substances
from the air, land or water, including shorelines or
the taking of such other action as may be necessary
to minimize damage to public health or welfare,
ecology and natural resources of Sierra Leone;
"spill" means any discharge of a pollutant into the
environment from or out of a structure, worksite,
vehicle, vessel, craft, or other carrier or container,
which-
(a) is abnormal having regards to all the
circumstances of the discharge;
(b) poses serious threat to human lives and
safety; and
(c) poses a serious threat to the environment;
"standards" includes criteria and specifications;
"United Nations Framework Convention on Climate
Change" means the international environmental
treaty addressing climate change, negotiated and
signed by 154 states at the United Nations
Conference on Environment and D e v e l o p m e n t ,
informally known as the Earth Summit, held in
Rio de Janeiro from 3 to 14 June, 1992, entered into
force on 21 March, 1994;
"waters of Sierra Leone" means all water resources in
any form, including atmospheric, surface and
subsurface and underground water resources
whether the water resources are in territorial waters,
exclusive economic zone or any area under the
jurisdiction of the Republic of Sierra Leone;
“wet-lands” means areas where water covers the soil,
or is present either at or near the surface of the soil
all year or for varying periods of time during the
year, including the growing season.
6 7
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(a) one representative each, not below the rank
of Director, from the following Ministries-
(i) the Ministry of the Envionment
(ii) the Ministry of Mines and Mineral
Resources;
(iii) the Ministry of Fisheries and Marine
Resources;
(iv) the Ministry of Trade and Industry;
(v) the Ministry of Transport and Aviation;
(vi) the Ministry of Energy;
(vii) the Ministry of Lands, Housing and
Country Planning.
(b) the Executive Chairperson, Petroleum
Regulatory Agency;
(c) one representative from Civil Society
Organization;
(d) 3 persons, at least one of whom shall be a
woman, knowledgeable in commerce, finance
or law; and
(e) the Chief Director, who shall be secretary to
the Board without voting right.
PART II- CONTINUATION OF ENVIRONMENT PROTECTION
AGENCY
(1) There shall continue in existence, the body known asthe Environment Protection Agency.
(2) The Agency shall be a body corporate having
perpetual succession, a common seal and capable of acquiring,
holding and disposing of property, whether movable or immovable,
and of suing and being sued in its corporate name and, subject to
this Act, of performing all such acts as bodies corporate may by law
perform.
(3) The Agency shall have a common seal, the use of
which shall be authenticated by the signatures of the Executive
Chairman or any other member of the board designated in that behalf
by the Board-
(a) the Chairman or other member of the Agency
authorised either generally or specially by
the Board for that purpose; and
(b) the Executive Chairman or some other person
authorised by the Board in that behalf.
(4) Every document purporting to be an instrument
executed or issued by or on behalf of the Agency and to be sealed
with the common seal authenticated in the manner stated in
subsection (3) shall be deemed to be so executed or issued without
further proof unless the contrary is proved.
(5) In appropriate cases the common seal of the Agency
may be affixed to documents outside Sierra Leone.
(1) The governing body of the Agency shall be a Boardin which shall be vested, subject to this Act, the control and
supervision of the Agency.
(2) The Board shall consist of an Executive Chairman,
who shall be a head of the Agency and is a person who has
considerable knowledge and experience in environmental matters,
and the following other members -
Continuation
Protection
Board of
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(3) The Executive Chairman and other members referred
to in paragraph (c) and (d) of subsection (2), shall be appointed by
the President on the recommendation of the Minister subject to the
approval of Parliament.
(1) The Executive Chairman and other members appointedunder paragraph (c) and (d) of subsection (3) shall hold office for a
term of 5 years and shall be eligible for re-appointment for a further
term of 5 years only.
(2) A person shall cease to be a member of the Board on
any of the following grounds-
(a) inability to perform the functions of his office
by reason of infirmity of mind or body;
(b) for proven misconduct;
(c) if he becomes bankrupt or insolvent;
(d) if he is convicted and sentenced for an
offence involving fraud or dishonesty;
(e) if he fails to attend 3 consecutive meetings
of the Board without reasonable cause;
(f) if he resigns his office by written notice to
the Minister.
(1) The Board shall meet for the dispatch of its businessat least once every month at the offices of the Agency and at such
time as the Executive Chairman may determine.
(2) The Executive Chairman shall preside at every meeting
of the Board, and in his absence, the members present shall appoint
a member from among themselves to preside at that meeting.
(3) A minimum of 8 members of the Board may, by notice
in writing signed by them, request the Executive Chairman to summon
a special meeting of the Board for such purposes as may be stated in
the notice.
(4) The Executive Chairman or, in his absence, the member
appointed to act on his behalf shall summon a special meeting within
5 days of his receipt of the notice referred to in subsection (3).
(5) The quorum at a meeting of the Board shall be 8.
(6) The Executive Chairman or other person presiding
shall have a casting vote where there is an equality of votes.
(7) A proposal circulated among all members and agreed
to in writing by a two-thirds majority of all members shall be of the
same force or effect as a decision made at a duly constituted meeting
of the Board and shall be incorporated in the minutes of the next
succeeding meeting of the Board:
Provided that, if a member requires that such proposal be placed
before a meeting of the Board, this subsection shall not apply to
such proposal.
(8) The Board may co-opt any person to attend and
participate in its deliberations on any matter but such person shall
not vote on any issue for the decision by the Board.
(9) The Board shall cause minutes of all its meetings to
be taken by the Chief Director and signed by the Executive Chairman
and kept in proper form.
(10) Subject to this Act, the Board shall regulate its own
procedure.
(1) A member of the Board who has an interest, whetherdirect or indirect, in a matter being considered or to be considered
by the Board, shall disclose the nature of his interest to the Board
and the disclosure shall be recorded in the minutes of the Board and
such member shall not take part in a deliberation or decision of the
Board relating to that matter.
10 11
Tenure of
members.
Meetings of
Board.
Disclosure
of interest.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(b) give instructions to the Executive Chairman
with the Management and performance of the
functions of the Agency.
Board and anyperson co-opted by the Board under subsection (8)
of section 5 shall be paid such remuneration, fees and allowances
approved by the Minister and shall be reimbursed by the Agency for
expenses incurred in connection with the discharge of their functions
as the Board may, with the approval of the Minister, determine.
Board referred in paragraph (c) and (d) of subsection (2) of section 3
dies, resigns, is removed from office or is absent for a continuous
period exceeding 3 months or is by reason of illness unable to perform
the functions of his office for a continuous period of 6 months-
(a) in the case of the Executive Chairman, the
members of the Board shall elect one of their
number to act as Chairman until such time as
the Chairman resumes his office or another
is appointed in his stead; and
(b) in the case of a member, the Executive
Chairman shall, subject to this Act, have
another person appointed to the Board.
(2) Where a person is appointed as Executive Chairman
or appointed as a member to fill a vacancy, he shall hold office for
the remainder of the term of the previous Executive Chairman or
member, as the case may be, and shall, subject to this Act, be eligible
for re-appointment.
PART III - FUNCTIONS OF THE AGENCY.
(1) The object for which the Agency is established is toimplement and enforce this Act and regulations made under it.
Remuneration
of members.
Filling of
vacancies.
Functions
of Agency.
(2) A member of the Board who contravenes subsection
(1) shall be guilty of misconduct and shall be removed from the Board.
7. (1) An action or other proceedings shall not lie or be
instituted against a member of the Board or member of a committee of
the Board or any authorized officer for or in respect of an act or thing
done or omitted to be done in good faith in the exercise of his
functions under this Act.
(2) A member of the Board shall not be personally liable
for any debt or obligation of the Agency.
8. (1) The Board may, for the discharge of its functions,
appoint one or more committees to perform such functions as the
Board may determine.
(2) A committee shall consist of members of the Board or
non- members or both as the Board may decide.
(3) Without prejudice to the generality of subsection (1),
the Board shall appoint an audit committee consisting of such
members of the Board, excluding the Executive Chairman, and
performing such functions as the Board may determine.
(4) A committee shall submit a report of its proceedings
to the Board at such time as the Board may determine.
9. (1) Subject to this Act, the Board shall have the control
and supervision of the Agency, including overseeing the sound and
proper financial management of the Agency.
(2) It shall also be the responsibility of the Board to
provide such policy guidance and advice as will secure the efficient
overall performance of the functions of the Agency.
(3) In the discharge of its functions, the Board may-
(a) direct the Executive Chairman to furnish it with
any information, report or other documents
which the Board considers necessary for the
performance of its functions; and
Immunity of
Board
members and
Authoriized
Officers.
Committees
of Board.
Powers and
Functions
of Board.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(2) Without prejudice to the generality of subsection (1),
the Agency shall be responsible to-
(a) advise the Minister on the formulation of
policies on all aspects of the environment
including the protection of the environment;
(b) co-ordinate the activities of bodies
concerned with the technical or practical
aspects of the environment in order to
facilitate-
(i) communication between such bodies
and the Minister;
(ii) effective supervision of the generation,
treatment, storage, transportation and
disposal of waste;
(c) collaborate and coordinate with such foreign
and international bodies as the Agency
considers necessary for the purposes of the
implementation of this Act;
(d) ensure compliance with prescribed
environmental impact assessment procedures in the planning and execution of
development projects;
(e) act, in its own accord or in co-operation with
government agencies, local councils and
other bodies and institutions, to control
pollution and generally protect and improve
the environment;
(f) conduct investigations into environmental
issues and advise the Minister thereon;
(g) promote studies, research, surveys and
analysis for the improvement and protection
of the environment and the maintenance of a
sound ecological system;
(h) initiate and pursue formal and non-formal
educational programmes for the creation of
public awareness of the environment and its
importance to the economic and social life of
Sierra Leone;
(i) promote effective planning in the management of the environment;
(j) develop a comprehensive database on the
environment;
(k) coordinate and monitor the implementation
of national environmental policies;
(l) make available to the public, through
publications and other appropriate means
and in cooperation with public or private
organizations, environmental data and
information;
(m) promote, in collaboration with the Sierra
Leone Standards Bureau, the establishment
of national standards and guidelines relating
to-
(i) ambient air;
(ii) water and soil quality;
(iii) the pollution of air, water, land and other
forms of environmental pollution
including the discharge of wastes and
the control of toxic substances;
(n) issue guidelines for the better implementation
of this Act and Regulations made hereunder;
(o) coordinate, all aspects relating to climate
change to enhance consistency in policies,
laws and their implementation;
(p) act as focal point on all issues concerning
the environment;
(q) conduct environmental hazard mapping, risk
and vulnerability assessment and develop
plan for environmental related disaster risk
reduction;
14 15
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022 17
(d) impose environmental protection levies and
fines in accordance with this Act or
regulations made under this Act.
PART IV - ADMINISTRATIVE PROVISIONS
(1) The Agency shall have an Executive Chairman whoshall be appointed by the President, on the recomendation of the
Minister subject to the approval of Parliament.
(2) A person shall not be appointed Executive Chairman
under subsection (1), unless he has -
(a) formal qualification in a profession relevant
to the functions of the Agency; and
(b) proven ability in public administration and
management.
(3) The Executive Chairman shall be responsible for -
(a) the day-to-day administration of the Agency;
(b) the supervision and discipline of other staff
of the Agency;
(c) the execution of the policies of the Board;
(d) performing such other duties as may be
determined by the Board.
Director who shall be appointed by the Board on such terms and
conditions as the Board may determine.
(2) A person shall not be appointed Chief Director under
subsection (1), unless he has at least a Masters Degree in
Environmental Sience or other environmental related fields from an
accredited University and with at least 5 years work experience.
Executive
Chairman.
Chief
Director.
(r) develop standards and guidelines for the
importation, transportation, storage and use
of all types of chemicals; and
(s) do such other act as may be necessary for
the performance of its functions under this
Act.
13. The Agency shall have, for the performance of its functions
under this Act, the power to -
(a) control and prevent, in collaboration with
such persons as may be necessary, the
discharge of waste into the environment;
(b) ensure compliance with any laid down
environmental impact assessment procedures in the planning and execution of
development projects including compliance
in respect of existing projects;
(c) issue-
(i) environmental impact assessment
licence;
(ii) import or export controlled substance
permit;
(iii) environmental permit and enforcement
notice for controlling the volume, types,
constituents and effects of waste
discharges, emissions, deposits or other
source of pollutants and of substances
which are hazardous or potentially
dangerous to the environment;
(iv) notices in the form of directives,
procedures or warnings, as may be
necessary, for the purpose of
controlling the volume, intensity and
quality of noise in the environment; and
Powers of
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(1) In addition to the Chief Director, the Board shallappoint such other staff, including a Finance Officer, Internal Auditor,
Administrative Officer and such other additional technical and
administrative staff, as may be required for the efficient performance
of the functions of the Agency.
(2) The Board may delegate to the Executive Chairman,
the power to appoint such grade or category of staff as it may deem
fit for the proper functioning of the Agency.
Board, establish such directorates, as he may deem necessary for
the performance of the functions of the Agency, including-
(a) Directorate of Research and Development;
(b) Directorate of Finance and Administration;
(c) Directorate of Field Operations and
Extension;
(d) Directorate of Natural Resources
Management;
(e) Directorate of Legal Affairs, Compliance and
Enforcement;
(f) Directorate of Public Relations and Intersectoral Collaboration; and
(g) Directorate of Environmental Health and
Safety.
(h) Directorate of Climate Change
(2) For the purposes of paragraph (h) of subsection 1 of
section 17 the Directorate of Climate Change shall serve as a National
Climate Change Secretariat and focal point for all climate actions in
Sierra Leone.
(3) A directorate of the Agency established under
subsection (1) shall be headed by a Director, who shall be appointed
by the Board in strict compliance with the procedures and processes
for the procurement of services under the Public Procurement Act,
2016 (Act No. 14 of 2016) and shall have such responsibilities and
functions as may be assigned by the Executive Chairman.
(4) A directorate shall have such other divisions or
departments as may be necessary for the performance of its functions.
The Board may engage the services of such consultants orexperts as it may consider necessary for the proper and efficient
performance of the functions of the Agency.
(1) There shall be established in each of the administrativeregions of Sierra Leone and in such districts, as the Board may
determine, regional and district offices of the Agency.
(2) A district office established under subsection (1) shall
be under the supervision of the regional office in the region within
which the district office is located.
PART V - FINANCIAL PROVISIONS
(1) The activities of the Agency shall be financed byfunds consisting of-
(a) moneys appropriated from time to time by
Parliament for the purposes of the Agency;
(b) moneys given to the Agency by way of gifts,
endowments, bequests, grants or other
contributions by persons and organisations
for the purposes of the Agency; and
(c) any other moneys which may, from time to
time, accrue to the Agency.
(2) The funds of the Agency shall be applied only for the
purposes of the approved budget of the Agency.
18 19
Directorates
of Agency.
Consultants
and experts.
Regional and
District
Offices.
Funds of
Other staff of
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
The financial year of the Agency shall be the same as thefinancial year of the Government.
(1) The Agency shall, within 3 months after the end ofthe financial year, submit to the Minister a report on the performance
of its functions during that year and on its policy and programmes.
(2) The annual report shall include the accounts and
annual financial statement prepared under section 21 and the report
of the audit thereon.
(3) The Minister shall lay the annual report before
Parliament within 2 months after he has received the report.
(4) The Agency shall make copies of the report available
to all stakeholders once it has been laid before Parliament.
PART VI-ENVIRONMENTAL IMPACT ASSESSMENT
(1) A person shall not undertake or cause to beundertaken activities set out in the First Schedule unless he holds
valid environmentalimpact assessment licence issued by the Agency
for that purpose.
(2) A person who contravenes subsection (1) commits
an offence and is liable on conviction, in the case of -
(a) a citizen of Sierra Leone, to a fine of not less
than 50,000,000.00 Leones or to imprisonment
for a term of not less than 2 years or to both
such fine and imprisonment; and
(b) non-citizen, to a fine of not less than
150,000,000.00 Leones or to a term of
imprisonment of not less than 3 years or to
both such fine and imprisonment.
Financial
year of
Annual
report.
Environmental
impact
assessment
required for
certain
activities.
21. (1) The Agency shall keep proper books of account and
other records in relation to the activities, property and finances of
the Agency in a form approved by the Auditor-General and shall
prepare, in respect of each financial year of the Agency, a financial
statement which shall include -
(a) balance sheet accounts;
(b) income and expenditure accounts; and
(c) source and application of funds.
(2) The accounts of the Agency kept under subsection
(1) shall, not later than 3 months after the end of each financial year,
be audited by the Auditor-General or an auditor appointed by him.
(3) For the purposes of subsection (2), the Auditor
General or the auditor appointed by him shall be entitled to have
access to all books of account, vouchers and other financial records
of the Agency and to require such information and explanation thereon
as he may think fit.
(4) The Agency shall provide the Auditor-General or an
auditor appointed by him under subsection (2), with all necessary
and appropriate facilities for the examination of the accounts and
records of the Agency.
(5) The Auditor-General or an auditor appointed by him
under subsection (2), shall submit to the Agency a report on the
audited accounts and the financial statements referred to in subsection
(1) and shall, in his report draw attention to -
(a) irregularities in the accounts;
(b) matters that are likely to adversely affect the
operations of the Agency; and
(c) any other matter which, in his opinion, ought
to be brought to the notice of the Agency.
Accounts
and audit
of Agency.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(3) A body corporate who contravains subsection 1
commits an affence and is liable on conviction to a fine not less than
(1) A person who wishes to undertake or cause to beundertaken a project set out in the First Schedule shall apply to the
Agency for a licence for that purpose.
(2) An application under subsection (1) shall be
accompanied by a description of the project proposed to be
undertaken and environmental statement on the potential impact of
the project and proposed mitigation measures.
(3) For the purposes of this Act application commences
upon the receipt of a duely completed screaning form.
Agency shall, within 14 days, decide whether a licence is required for
a project.
(2) The Agency shall, in deciding whether a licence is
required in respect of a project, take into consideration matters set
out in the Second Schedule.
(3) Where a decision has been taken that a licence is not
required in respect of a project, the Executive Chairman shall, inform
the applicant in writing.
(1) An applicant shall, where a decision has been takenthat a project requires a licence, prepare and submit an environmental impact assessment of the environmental project to the Agency
in the form set out in the Third Schedule.
(2) A person who fails to prepare and submit an
environmental impact assessment of his project to the Agency under
subsection (1) or fraudulently makes false statement in an
environmental impact assessment, commits an offence and is
liable on conviction, in the case of -
50,000,000.00 Leones or to a term of
imprisonment of not less than 2 years or to
both such fine and imprisonment; and
100,000,000.00 Leones.
(1) The Agency shall, on receiving an environmentalimpact assessment from an applicant under section 27, publish on
the Agency's website or newspaper, for inspection and comments of
the public, including relevant Government Ministries, professional
bodies or associations and non- governmental organisations.
(2) Public comments on an environmental impact
assessment under subsection (1) shall be submitted to the Executive
Chairman within 14 days of the last publication on the website and
newspaper.
(1) The Executive Chairman shall, on receipt of publiccomments on an environmental impact assessment project under
subsection (2) of section 28, submit the assessment together with
the environmental public disclosure report to the Board for its
consideration.
(2) The Board may, after considering the environmental
impact assessment and the public disclosure report if any not later
than 30 working days-
(a) direct the Executive Chairman to issue a
licence in such form as may be prescribed
and on such terms and conditions as it
considers appropriate;
(b) require the applicant to furnish the Board with
additional information as may be needed to
determine the environmental impact of the
project; or
22 23
Applicant to
prepare
environmental
impact
assessment.
Public
comments.
Executive
Chairman to
submit
environmental
impact and
comment
to Board.
Application
for licence.
decide on
need for
licence.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022 25
(b) suspend the licence for such time as he thinks
appropriate; or
(c) impose additional or modified conditions for
the licence.
(2) The Executive Chairman shall notify the holder of a
licence which has been cancelled, suspended or on which additional
conditions have been imposed, of such cancellation, suspension or
imposition of additional conditions.
(3) The Executive Chairman may, in addition to the
cancellation, suspension or imposition of additional conditions under
subsection (1) require the holder of a licence to take measures to
abate adverse effects on or remedy damage to the environment.
(4) A person aggrieved by a decision to cancel, suspend
or impose additional or modified conditions for a licence may, within
30 days of the notification of the cancellation or suspension, appeal
to the High Court against the decision.
(1) Where prior to the issuance of a licence in respect ofa project, the ownership, control or management of that project
changes -
(a) the new owner shall notify the Executive
Chairman in writing within 14 days of the
transfer of ownership, control or
management; and
(b) on receipt of the notice of the transfer by the
Executive Chairman under paragraph (a), the
new owner shall be deemed to be the
applicant for the licence.
(2) Where after the issuance of a licence in respect of a
project, the ownership, control or management of that project
changes-
(a) the previous owner and the new owner shall
notify the Executive Chairman of the transfer
within 14 days of the change of ownership,
control or management; and
Effect of
application
on change of
ownership,
control or
management.
(c) reject the environmental impact assessment
where it is satisfied that the project and the
alternatives proposed in the environmental
impact assessment will have significant
adverse effect on the environment.
(3) An applicant who is required to furnish additional
information under paragraph (b) of subsection (2), shall submit the
information to the Agency within 21 days from the date of the request,
failing which the application shall lapse.
(4) Where an environmental impact assessment is
rejected, the application in respect of the project shall be deemed to
have been rejected.
30. A licence issued under this Act shall-
(a) authorise the licensee to undertake such
activity as may be specified in the licence;
(b) be valid for 12 months from the date of issue
and may be renewed, subject to such terms
and conditions as may be prescribed;
(c) not be transferable; and
(d) contain such conditions as may be necessary
for the protection of the environment.
31. A person aggrieved by a decision of the Agency to renew
his licence may appeal to the High Court within 30 days from the date
of notice.
32. (1) Where the terms and conditions of a licence are not
complied with or have been contravened or there is a substantial
change in the operations of a project resulting in adverse effect on
the environment, the Executive Chairman may, after consultation
with the Board-
(a) cancel the licence;
Appeal
against
decision of
Effect of
licence.
Cancellation,
suspension or
modification
of licence.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(b) on receipt of the notice of transfer under
paragraph (a), the Executive Chairman shall,
subject to such condition as may be
prescribed, endorse the licence and the
licence shall be deemed to have been
transferred to the new owner upon such
endorsement.
(3) A person who, being the new owner of a project, fails
after a transfer, to notify the Executive Chairman under subsection
(2), commits an offence and is liable on conviction, in the case of -
(a) a citizen of Sierra Leone, to a fine of not less
than 50,000,000.00 Leones or to a term of
imprisonment of not less than 12 months or
to both such fine and imprisonment;
(b) non-citizen, to a fine of not less than
150,000,000.00 Leones or to imprisonment for
a term of not less than 12 months or to both
such fine and imprisonment; and
(c) a body corporate, a fine not less than
(1) The Agency shall monitor all projects in respect ofwhich licences have been issued in order to assess their effect on
the environment or ascertain compliance with this Act, or any other
regulation made thereunder.
(2) In the exercise of his powers under subsection (1),
the Executive Chairman or authorised officer may-
(a) request from the owner of a project,
information or document pertaining to the
project including licence issued under this
Act;
(b) enter premises, vessel, vehicle or facility
where a project is being undertaken and
inspect the project.
(3) Where the Executive Chairman or authorised officer
has reasonable grounds to believe that an offence has been
committed or is about to be committed under this Act, he may without
a warrant-
(a) enter, inspect and search a premise, vessel,
vehicle or facility in which he has reasonable
grounds to believe an offence has been or is
being committed;
(b) perform tests and take samples of substances
relating to such offence;
(c) seize document, item or substance which he
has reasonable grounds to believe has been
used in the commission of such offence or
in respect of which an offence has been
committed; or
(d) arrest a person whom he suspects to have
committed an offence.
(4) A receipt shall be given for anything seized under
paragraph (c) of subsection (3), stating the reasons for the seizure.
(5) A person arrested under paragraph (d) of subsection
(3) shall be taken to the nearest police station.
Executive Chairman or authorised officer to have full access to-
(a) the project premises, vessel, vehicle or
facility; or
(b) the project records, whenever the Executive
Chairman or authorised officer thinks
necessary for the exercise of his powers
under this Act.
26 27
monitor
projects.
Duties of
owners of
projects.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(3) Without prejudice to subsection (2), a court may
declare an activity or substance to be hazardous where, on the
evidence before it, the court is satisfied that the activity or substance
has the potential of causing grave damage to the environment.
(4) The Agency shall take all necessary and appropriate
measures to monitor, control and regulate the manufacture, sale,
transportation, import, export, handling or disposal of toxic and
hazardous substances including toxic and hazardous waste.
(5) A person who discharges toxic and hazardous
substance into the air or in, on or under the land and waters of
Sierra Leone commits an offence and is liable on conviction, in the
case of a-
250,000,000.00 Leones or to imprisonment
for a term of not less than 10 years;
(b) body corporate, to a fine of not less than
1,000,000,000.00 Leones:
Provided that it shall be a defence if it is proved that the
discharge was caused solely by a natural disaster or an act of war.
(1) The Minister shall, by statutory instrument, prohibitthe importation of -
(a) refrigerator or air conditioners of the type
specified in the instrument;
(b) vehicles fitted with air conditioner or
refrigerator unit unless the cooling unit of
the vehicle is fitted with a chlorofluorocarbon - free coolant;
(c) halon for firefighting; and
(d) aerosol products which uses chlorofluoro
carbon as gas or as propellant.
Importation
refrigerators,
air
conditioners,
etc. with
chlorofluorocarbons
(2) The owner of a project, who fails to give full access to the
project premises, vessel, vehicle or facility as required under
paragraph (a) of subsection (1), commits an offence and is liable on
conviction to a fine of not less than 50,000,000.00 Leones or to
imprisonment for a term of not less than 12 months or to both fine
and imprisonment and in the case of acontinuing offence to a further
fine of not less than 5,000,000.00 Leones for each day on which the
offence continues.
(3) The owner of a project, who fails to give full access
to the project records as required under paragraph (b) of subsection
(1), commits an offence and is liable on conviction, in the case of-
50,000,000.00 Leones or to imprisonment for
a term of not less than 12 months; and
100,000,000.00 Leones.
PART VII- CHEMICALS, TOXIC AND HAZARDOUS
SUBSTANCES
36. (1) A person shall not -
(a) discharge toxic and hazardous substance
into the air or in, on or under the land and
waters of Sierra Leone; or
(b) introduce or import toxic and hazardous
wastes, including internationally banned
chemicals or substances, into Sierra Leone
for storage or disposal by any means
whatsoever.
(2) The Board may prescribe activities or substances
which shall be considered toxic or hazardous.
Toxic and
hazardous
substances
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
From the date to be appointed by the Minister by statutoryinstrument, a person shall not use chlorofluorocarbon 11 as blowing
agent or chlorofluorocarbon 12 as refrigerant in the manufacture of
refrigeration equipment.
(1) A person shall not, while installing, servicing,repairing or operating an equipment or product that contains or
depends on controlled substance or controlled product vent, the
controlled substance or controlled product into the atmosphere.
(2) A person who vents a controlled substance into the
atmosphere in contravention of subsection (1) commits an offence
and is liable on conviction to a fine of not less than 5,000,000.00
Leones or to imprisonment for a term of not less than 6 months or to
both such fine and imprisonment.
(1) A person shall not import or export a controlledsubstance or product specified in the Fourth Schedule, unless on
the authority of a permit issued by the Agency for that purpose.
(2) Subject to subsection (1), a person shall not import
or export a restricted controlled substance or controlled product
from or to a country that is not a party to the protocol and treaties.
(3) Where a controlled substance or controlled product
is in transit to another country, a person shall not sell, distribute,
dispose of or otherwise deal with it, unless on the authority of a
permit issued by the Agency under subsection (1).
(4) A person who contravenes this section commits an
offence and is liable on conviction to a fine of not less than
50,000,000.00 Leones or to imprisonment for a term of not less than 2
years or to both such fine and imprisonment.
41 shall, in addition to the penalty provided therein, forfeit to the
Government the controlled substance or product imported or being
exported.
(1) A person who wishes to import or export a controlledsubstance or controlled product shall apply in writing to the Agency
for apermit, in the manner set out, respectively, in forms A and B of
the Fifth Schedule.
(2) An application for a permit under subsection (1), shall
be signed-
(a) in the case of a body corporate, by a Director
or Secretary or such other officer or person
authorised to do so; and
(b) in any other case, by the person making the
application or by a person authorised to act
on behalf of that person.
(1) The Agency shall, on receipt of an application undersubsection (1) of section 42, issue a permit to import or export a
controlled substance or controlled product in the form set out in the
Fifth Schedule.
(2) The Agency shall not issue a permit under subsection
(1), unless it is satisfied that the applicant has adequate and
appropriate facilities and equipment to handle the controlled
substance or controlled product without causing damage to the
environment.
(3) Where an application is refused under subsection (2)
the Agency shall notify the applicant, in writing, of the reason for
the refusal of the application.
(4) An applicant who is aggrieved by the refusal of the
Agency to issue a permit under subsection (3), shall appeal to the
High Court within 30 days of receipt of the notice of refusal.
(5) A permit to import or export a controlled substance or
controlled product shall-
(a) not to be transferable;
issue permit,
etc.
30 31
The use of
Chlorofluorocarbon11 and
12 as blowing
agent
or refrigerant
Venting of
substance
or product,
into
atmosphere
Import and
export of
substance
or product
restricted.
Forfeiture of
imported or
exported
substances or
products.
Application
for permit.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
A person who imports or exports a controlled substanceor controlled product shall-
(a) keep a record of names and addresses of
persons or firms to whom the substance or
product has been supplied or distributed and
the amount of substances supplied or
distributed to such persons or firms; and
(b) make such record available when requested
by the Agency.
(1) A person shall not store a controlled substance orcontrolled product unless in a secure storage facility approved by
the Agency for the storage of controlled substances or controlled
products.
(2) The Agency shall prepare guidelines for the storage
of controlled substances and controlled products under subsection
(1).
(3) A person who stores controlled substances or
controlled products in contravention of the guidelines issued by
the Agency under subsection (2) commits an offence and is liable on
conviction, in the case of-
50,000,000 00 Leones or to imprisonment for
a term of not less than 3 years; and
PART VIII- AUTHORISED OFFICER, ANALYSIS AND RECORDS
(1) An authorised officer shall, at all reasonable times,without warrant and in accordance with the terms of an authorisation
issued by the Agency under this Act-
(a) enter land, premise, vessel or vehicle to
carryout examinations and enquiries to
determine whether this Act is complied with;
Importers and
exporters to
keep records
of supplies.
Storage of
substances
or controlled
products.
Powers of
authorised
officer.
(b) entitled the holder to only import or export
the controlled substance or controlled
product specified in the permit only through
authorized custom ports or entry and exit; and
(c) expires on the 31st day of December of the
year of issue and all imports relating to the
permit shall arrive at the port of entry in Sierra
Leone not later than 31st day of December of
that year.
(6) A person who imports or exports a controlled
substance or controlled product shall provide a copy of the permit,
bill of lading and invoice to the authorised officer of the Agency
who shall certify the quantity of the controlled substances or
controlled products imported or exported at the port of entry.
(7) Aperson who imports or exports a controlled
substance or controlled product without a valid permit issued by
the Agency for that purpose, commit an offence and is liable on
conviction, in the case of a-
50,000,000.00 Leones or to imprisonment for
a term of not less than 3 years; and
(b) body corporate, to a fine of not less than
44. A person who imports or exports goods shall, on request
by a customs officer or an authorised officer, tender the goods for
verification as to whether they contain or are made with controlled
substances or controlled products.
45. The Agency shall maintain a register of importers and
exporters of controlled substances and controlled products.
Customs
verification
of goods.
maintain
register of im
porters and
ex-porters.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(b) require the production of, inspect and examine
and copy a licence, register, records and
other documents required under this Act or
any other law relating to the environment and
the management of natural resources;
(c) take samples of articles or substances and
submit the samples for test or analysis;
(d) carry out periodic inspections of
establishments whose activities are likely to
have significant impact on the environment;
(e) in consultation with the Executive Chairman,
order-
(i) the seizure of a vessel, motor vehicle,
manufacturing plant, equipment or any
other thing which has been used in
committing an offence under this Act;
or
(ii) the closure of a manufacturing plant or
other facility which pollutes or is likely
to pollute the environment for
suchperiod as the Executive Chairman
may determine;
(f) on the instructions of the Executive Chairman,
issue an improvement notice requiring an
occupier of a manufacturing plant or other
facility to-
(i) cease an activity that is harmful to the
environment; or
(ii) install a new plant or safeguards, within
such reasonable time as the Executive
Chairman may determine; and
(g) arrest and hand over a person whom he
believes has committed an offence under this
Act to the police.
(2) An authorised officer may, at any time, install
equipment on land, premises, manufacturing plant, motor vehicle or
vessel for the purpose of monitoring compliance with this Act.
(3) A person who-
(a) hinders or obstructs an authorised officer in
the execution of his duties under this Act;
(b) fails to comply with a lawful order or request
made by an authorised officer in accordance
with this Act;
(c) refuses an authorised officer entry on land
or into premises which he is empowered by
this Act to enter;
(d) impersonates an authorised officer;
(e) refuses an authorised officer access to
records kept in accordance with this Act;
(f) fails to state or wrongly states his name or
address to an authorised officer in the course
of his duties under this Act;
(g) misleads or gives wrongful information to
an authorised officer under this Act;
(h) fails to carry out an improvement notice
issued by an authorised officer under
paragraph (f) of subsection (1), commits an
offence and is liable on conviction in the
case of-
34 35
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(3) Where a substance is -
(a) parked in small containers or packages;
(b) likely to change, deteriorate or be damaged
by exposure; or
(c) dangerous or may have other significant
impact on human health or the environment
when opened, the authorised officer shall take
3 containers or packages as samples and
mark, seal and deliver them as provided in
subsection (2).
(4) Where after analysis, the result of the analysis is
disputed, the sample delivered to the Agency or its duly authorised
agent may be sent to a reference laboratory designated by the Board
under section 49 for further analysis.
(1) A laboratory or reference laboratory designated undersection 49 shall issue a certificate of analysis of a substance submitted
to it, in paragraph (b) of subsection (2) of section 51, stating its
findings.
(2) A certificate of analysis issued under subsection (1)
shall state the methods of analysis used and shall be signed by the
analyst or reference analyst, as the case may be.
(3) A certificate of analysis issued in compliance with
subsections (1) and (2) shall be sufficient evidence of the facts stated
therein.
(1) The Agency may prescribe activities for which recordsshall be required to be kept for the purpose of this Act and transmitted
to it at such intervals as the Agency may determine.
(2) Records transmitted to the Agency under subsection
(1) shall be used for purposes of-
(a) an environmental audit;
Certificate
of analysis
and its effect.
Records
to be kept.
(i) an individual, to a fine of not less than
10,000,000.00 Leones or to imprisonment
for a term of not less than 2 years; and
(ii) a body corporate, to a fine of not less
than 25,000,000.00 Leones.
49. (1) The Board may, by notice published in the Gazette,
designate such laboratories as it deems it fit, to be analytical
laboratories and reference laboratories.
(2) A notice under subsection (1) shall specify the
functions of the laboratories and the local limits or subject matter
that the laboratories shall serve.
50. (1) The Board may, by notification in the Gazette, appoint
or designate public officers, where it deems it fit, to serve as analyst
orreference analyst for the purpose of this Act.
(2) The notification in subsection (1) shall specify the
functions, subject matter and local limits within which an analyst or
reference analyst shall serve, provided that he may be redeployed to
other laboratories.
51. (1) An authorised officer shall, before taking samples of
a substance for analysis in paragraph (c) of subsection (1) of section
48, inform the occupier that the samples will be taken for analysis.
(2) Samples taken for analysis by an authorised officer
under subsection (1), shall be in 3 parts, marked, sealed and distributed
as follows-
(a) the first part to the occupier;
(b) the second part to the laboratory for analysis;
(c) the third part to the Agency or its duly
authorised agent.
Designation
of analytical
and reference
laboratories.
Designation
of analyst
and reference
analyst.
Procedure
for taking
samples for
analysis.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(b) environmental monitoring;
(c) pollution control;
(d) inspection;
(e) preparation of its Annual Environment
Report; and
(f) any other purpose that may be prescribed.
(3) A person who fails to keep record of the activities
required to be kept under subsection (1) or fraudulently alters such
record, commits an offence and is liable on conviction, in the case of
-
50,000,000.00 Leones or to imprisonment for
a term of not less than 2 years or to both
such fine and imprisonment; and
250,000,000.00 Leones.
PART IX - INFORMATION, EDUCATION AND PUBLIC
AWARENESS
(1) A person shall have freedom of access to informationsubmitted to the Agency relating to the implementation of this Act
concerning the management of the environment.
(2) A person who wishes to obtain information under
subsection (1) shall make an application to the Agency for that
purpose and the Agency shall grant him access to the information
on such terms and conditions as may be appropriate in the
circumstances.
(1) The Agency shall gather, analyse, manage anddisseminate environmental information.
(2) The Agency shall have access, subject to any other
law, to all existing environment information of a public nature and
shall co-ordinate the management of such information.
(3) The Agency shall determine deficiencies in existing
environment information and exchange information with other
persons including international organisations, non-governmental
organisations and governmental agencies of other Countries.
(4) The Agency may make publications and adopt other
measures and strategies for promoting public awareness of
environmental issues and the need for conservation of natural
resources.
(1) The Agency may, in collaboration with the ministryresponsible for education, adopt measures and strategies for the
development and integration of environmental education programs
for primary, secondary and tertiary education institutions.
(2) The Agency may designate funds to encourage
research and innovation in environmental management and protection
in educational institutions.
PART X - JUDICIAL PROCEEDINGS
Subject to subsection (3) of section 64 of the Constitutionof Sierra Leone, 1991 (Act No.6 of 1991) the Agency may institute
criminal proceedings for the contravention of this Act.
Notwithstanding any other law, the Agency may institutecivil proceedings for -
(a) an activity which has harmed the
environment, is harming the environment or
is likely to harm the environment;
(b) recovery of -
38 39
Freedom of
access to
information.
Gathering
analysis and
management
information.
education in
learning
institutions.
Institution of
Criminal
proceedings.
Institution of
civil
proceedings.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(6) Fines paid under this section shall be paid into the
Consolidated Revenue Fund.
(1) Where an offence under this Act is committed by abody corporate, every Director or officer of the body corporate who
had knowledge or should have had knowledge of the commission of
the offence, and who did not exercise all due diligence to ensure
compliance with the Act commits the offence.
(2) Where an offence is committed under this Act by a
partnership, every partner or officer of the partnership who had
knowledge of the commission of the offence commits the offence.
(3) A person is personally liable for an offence under this
Act whether committed by him or on his own account or as an agent
or servant of another person.
(4) An employer or principal is liable for an offence
committed by his employee or agent under this Act if the employee
or agent acted within the scope of his employment.
(1) The court before which a person is prosecuted for anoffence under this Act or the regulations made hereunder may, in
addition to any penalty imposed on him, order that the substance,
equipment or appliances used in the commission of the offence be
forfeited to the State and be disposed of as the court directs.
(2) In making the order to forfeit under subsection (1),
the court may also order that the cost of disposing of the substances,
equipment or appliance, be borne by the accused.
(3) The court may further order that an environment
impact assessment licence issued under this Act be cancelled.
(4) The court may also issue an order requiring that the
convicted person restore the environment to its original state at his
own cost.
Forfeiture,
cancellation,
etc.
Liability of
bodies
corporate,
etc.
(i) fees and charges owing to the Agency
and interest;
(ii) fines imposed for the contravention of
an enforcement notice under section 59
and interest.
59. (1) The Agency may, where it appears that the activities
of a person pose a serious and imminent threat to the environment,
to life, property or public health, serve on that person, an enforcement
notice requiring him to take such steps, as the Agency thinks
necessary, to prevent or stop the activities.
(2) An enforcement notice under subsection (1)-
(a) shall specify-
(i) the offending activity;
(ii) the steps required to be taken; and
(iii) the time within which the steps shall be
taken; or
(b) may, direct immediate cessation of the
offending activity.
(3) Where a person on whom an enforcement notice has
been served fails, neglects or refuses to take the action required, the
Agency may, enter or authorise any other person to enter land under
the control of that person, take all necessary action to prevent or
stop the activities to which that enforcement notice relates and recover,
as a civil debt, from that person, the expenses incurred by it in the
exercise.
(4) A person who fails to comply with an enforcement
notice served on him under subsection (1), committes an offence and
is liable on conviction to a fine of not less than 250,000,000. 00 Leones.
(5) In the case of a continuing violation after notice has
been served, to an additional fine of not less than 5,000,000.00 Leones
shall be levied for each day on which the violation continues.
Powers of
the Agency
relating to
Enforcement
notice.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
Act or regulations made under it, is convicted of an offence under
this Act, the conviction shall, unless the Court otherwise directs for
reasons to be recorded in writing have the effect of cancelling the
licence or permit with effect from the date of conviction.
(1) The Board may, by statutory instrument makeregulations provided that persons responsible for specified projects
shall take and maintain insurance or other appropriate financial
security to guarantee payment of the compensation for damage
caused as a result of the operations of the project or the payment for
preventive measures or restorative action where necessary.
(2) Regulations made under this section shall specify
the minimum amount of insurance or other appropriate financial
security to be maintained in respect of specified projects, together
with any other requirements regarding the period to cover and the
conditions under which such cover may cease or the liability of the
insurer may be avoided by reason of any act or omission on the part
of the party insured.
(1) A person who discharges toxic and hazardoussubstance into the air or in, on or under the land and waters of Sierra
Leone shall mitigate the impact of the discharge by-
(a) giving notice of the discharge to the Agency
and other public officers;
(b) commencing clean-up operations using the
best available methods; and
(c) complying with such directions as the Agency
may give.
(2) The Agency may, -
(a) until the owner takes mitigation measures
under subsection (1), seize a vessel,
production or storage facility, vessel or motor
vehicle from which the toxic and hazardous
substance is discharged; or
(b) where the owner, after a passage of a
reasonable time, fails to take the necessary
measures to dispose of the production or
storage facility, vessel or motor vehicle seized
under paragraph (a) of subsection (2), to
meet the cost of clean-up and restoration
measures.
(3) A person who fails to comply with subsection (1) and
or (2) commits an offence and is liable on conviction to a fine of not
less than 50,000,000.00 Leones or to imprisonment for a term of not
less than 2 years or to both such fine and imprisonment.
(4) Where a person is convicted of an offence under
subsection (3) the court may in addition to any penalty imposed by
it, require that person to-
(a) pay the cost of the removal of the dangerous
substance or material, oil or mixture
containing oil, including any cost to
Government in restoring the damaged
environment; and
(b) pay the costs incurred by third parties
resulting from the discharge.
(1) Where a vessel or onshore or offshore facility is usedor is involved in the commission of an offence under this Act, the
owner or operator of the vessel, onshore or offshore facility shall-
(a) promptly notify the Agency or other relevant
authority of the discharge;
42 43
Effect of
conviction.
Financial
security.
Duty to
mitigate
impact of
discharge.
Notification
to Agency.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(a) coordinate and enhance the effective
implementation of all Multilateral Environmental Agreements signed and ratified by
Sierra Leone;
(b) coordinate the gathering of information and
preparation of reports to sub regional,
regional and global organizations on the
implementation of Multilateral Environmental
Agreements;
(c) report on all conferences, meetings, trainings
attended on Multilateral Environmental
Agreements.
(d) prepare annual national status report on the
implementation of all Multilateral Environmental Agreements in Sierra Leone;
(e) perform such other functions as may be
necessary for effective implementation of
Multilateral Environmental Agreements in
Sierra Leone.
(3) The Multilateral Environmental Agreements
Implementation Coordination Committee shall meet at least twice every
quarter and such meetings shall be organised on rotational basis.
(4) The Multilateral Environmental Agreements
Implementation Coordination Committee may develop its own work
plans, rules of procedures for the conduct of its meetings and
operations.
(1) There is hereby established a Committee to be knownas the National Environment Compliance and Enforcement
Coordination Committee which shall consists of the Executive
Chairman, Environment Protection Agency who shall be the Chairman
and the following other members-
Establishment
of National
Environmental
Compliance
Enforcement
Coordination
(b) take all possible measures in accordance with
standard removal methods to minimise
pollution;
(c) promptly comply with such other directions
as the Board may prescribe.
(2) An owner or operator of a vessel or facility who fails
to comply with subsection (1) commits an offence and is liable on
conviction to a fine not less than 50, 000,000.00 Leones or to
imprisonment for a term of not less than 2 years or to both the fine
and imprisonment.
PART XI - ENVIRONMENT COORDINATION COMMITTEES
66. (1) There is hereby established a Committee to be known
as the Multilateral Environmental Agreements Implementation
Coordination Committee which shall consist of the Minister who
shall be the Chairman and the following other members-
(a) the Executive Chairman who shall be the
Deputy Chairman;
(b) the Director General, Ministry of Foreign
Affairs and International Cooperation;
(c) the National Focal Point for Sierra Leone for
the Development and Periodic Review of
Environmental laws who shall be the
Secretary to the Committee.
(d) all designated focal points for Multilateral
Environmental Agreements in all environment
related institutions.
(2) The Multilateral Environmental Agreements
Implementation Coordination Committee shall be responsible to-
Establishment
Multilateral
Environmental
Coordination
Agreements
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(a) the Executive-Director, National Protected
Area Authority;
(b) the Director-General, National Minerals
Agency;
(c) the Executive-Director, Sierra Leone
Maritimes Administration;
(d) the Director, Surveys and Lands Department,
Ministry of Lands, Housing and Country
Planning;
(e) the Director, Forestry Division; Ministry of
the Envirnment;
(f) the Director, Ministry of Tourism and Cultural
Affairs;
(g) the Director General, Disaster Management
Agency;
(h) the Director, Ministry of Water Resources;
(i) the Director-General, National Water
Resources Management Agency;
(j) the Director-General, National Revenue
Authority;
(k) the National Security Co-ordinator, Office of
National Security; and
(l) the Director of Crimes, the Sierra Leone
Police.
(2) Notwithstanding subsection 2, the National
Environment Compliance and Enforcement Coordination Committee
may co-opt other members as it deem necessary for the discharge of
its function.
(3) The core functions of the National Environment
Compliance and Enforcement Coordination Committee shall be the
coordination, collaboration, cooperation and building effective
synergies in the enforcement of environmental laws.
(4) The National Environment Compliance and
Enforcement Coordination Committee shall be responsible to-
(a) educate the public on environmental laws,
compliance practices and enforcement
procedures; and
(b) prepare quarterly and annual reports on the
discharge of its duties.
(5) For the purposes of discharging its duties, the
National Environment Compliance and Enforcement Coordination
Committee shall meet at least once every month and such meetings
may be rotational as deems fit by the Chair Person.
(6) The National Environment Compliance and
Enforcement Coordination Committee may develop its own work plans,
rules of procedures for the conduct of its meetings and operations.
Committee for the Western Area and a Chiefdom Environment
Committee in each Chiefdom, which shall consist of, in the case of-
(a) a Chiefdom, the Paramount Chief who shall
be the Chairman and the following other
members-
(i) all Section Chiefs of the Chiefdom;
(ii) the Chiefdom Youth Leader;
(iii) the Chiefdom Women's Leader;
(iv) a representative from the Muslim and
Christian Faith Sierra Leone;
(v) a representative of the Chiefdom Mines
Committee;
46 47
Ward
Chiefdom
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(4) A water catchment area or water fall or mangrove and
their immediate environment shall be designated conservation bush
or forest.
(5) The Agency may designate special fund to support
the conservation and development of designated conservation bush
or forest.
PART XII- MISCELLANEOUS PROVISIONS
(1) The Agency may propose to the Government forinclusion in the annual budget proposals for-
(a) incentives to encourage good environmental
behaviour which promote the conservation
of natural resources and the prevention or
abatement of pollution;
(b) user fees to ensure that those who use
environmental resources pay the proper
value for the utilisation of the resources; and
(c) disincentives, including tax to deter bad
environmental behaviour that leads to the
unsustainable use of natural resources or that
causes pollution.
(2) The Board may, by order published in the Gazette,
promulgate other incentives and disincentives not of a fiscal nature.
(3) The Agency shall, for the purposes of enhancing good
environmental practices and compliance with environmental laws
and regulations, organise annual environmental award ceremony on
the day of the World Environment Day in every calendar year.
(4) The Board, in consultation with the management of
the Agency, shall determine the categories of awardees for best
environmental behaviour.
Incentives
for good
environmental
behaviour.
(vi) the Councillors of the Wards;
(vii) the Member of Parliament;
(b) the Western Area, the Headman or a person
acting in that capacity who shall be the
Chairman and the following other members-
(i) the Ward Youth Leader; and
(ii) the Ward Women's Leader;
(iii) a representative from the Muslim and
Christian faith;
(iv) a representative of the Ward Mines
Committee;
(v) the Councillor of the Ward.
(vi) the Member of Parliament or Chairman;
(2) The Ward Environment Committee or the Chiefdom
Environment Committee shall be responsible to-
(a) conserve, protect and develop the
environment within their Ward or Chiefdom
for the purpose of enhancing a healthy, safe,
secured and sustainable environment; and
(b) designate, subject to the direction of the
Executive Chairman, an area in their Chiefdom
or locality, such as a bush or forest, for the
provision of ecosystem services including
food production, water conservation, fishery,
eco-tourism, flora, fauna cultivation sacred
bushes and cemetaries.
(3) A person who destroys growing trees, shrubs, bush
or forest either by burning or cutting without notifying the Ward
Environment Committee or the Chiefdom Environment Committee
commits an offence and is liable upon conviction to a fine of not less
than 10,000,000.00 Leones or to imprisonment for a term of not less
than 2 years, or to both such fine and imprisonment.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(1) A public officer, officer of a local authority or a personwho is informed or otherwise made aware of a spill shall immediately
notify the Executive Chairman.
(2) An owner or a carrier of a pollutant which is spilled
shall forthwith-
(a) notify the Executive Chairman of the
circumstances of the spill and any action
taken or proposed to be taken in relation to
the spill;
(b) do everything practicable to -
(i) prevent, eliminate or reduce the adverse
effects of the spill;
(ii) restore the environment to the state it
was prior to the spill.
(1) Where the owner or carrier of a pollutant which isspilled cannot be identified, the Executive Chairman may initiate an
action and take measures under paragraph (b) of subsection (2) of
section 70, in the public interest.
(2) Cost incurred by the Executive Chairman for an action
or measures taken under subsection (1) shall be borne by the owner
of the pollutant.
(3) In the event of a spill, the Executive Chairman may
direct the owner of the pollutant which is spilled, or any other person,
to take such action within such period of time as he may specify in
order to-
(a) prevent, eliminate, or reduce the adverse
environmental effects of the spill;
(b) restore the environment, as far as is
practicable, to its previous state;
(c) dispose of, or in any way deal with, the
pollutant or any object reasonably suspected
to be affected by the pollutant.
(4) The Executive Chairman may direct a person
conducting an activity which may, in the Executive Chairman's
opinion, cause a spill to-
(a) prepare a contingency plan to the
satisfaction of the Executive Chairman; and
or
(b) make such modification as the Executive
Chairman thinks appropriate to an existing
contingency plan.
(5) A person who fails to comply with a direction given
by the Executive Chairman under subsection (3) and or (4), commits
an offence and is liable on conviction in case of-
(a) a citizen of Sierra Leone, to a fine of not less
than 250,000,000.00 Leones or to imprisonment for a term of not less than 5 years or to
both such fine and imprisonment; or
(b) non-citizen, to a fine of not less than
1,000,000,000.00 Leones or to imprisonment
for a term of not less than 5 years or to both
such fine and imprisonment.
(c) a body corporate to a fine not less than
5,000,000,000.00 Leones.
(1) A person who wishes to cut trees, shrubs or burnbushes or forests for the purpose of agriculture or food processing
shall notify the Chiefdom Environment Committee or the Ward
Environment Committee for the identification and demarcation of
land on which trees, shrubs are to be cut or bush or forest to be
burned.
(2) A person who wants to burn bush or forest for the
purpose of agriculture or food processing under subsection (1),
shall create sufficient fire belt to prevent the fire from escaping to
nearby growing trees, shrubs, bush or forest.
50 51
Interventions
of Executive
Chairman.
Emergency
measures.
Identification
demarcation
of land on
which
trees may be
cut or forest
burned.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(2) The Board shall prescribe emission testing fee to be
paid by the owner of an automobile or industrial machines.
(3) The Agency in collaboration with the Ministry of
Transport and Aviation, the Sierra Leone Road Safety Authority and
the Sierra Leone Road Transport Corporation, may declare automobile
or industrial machines unfit to move about or operate by reason of
the threat it poses to the environment and human health.
Unit within the Agency which shall be responsible for-
(a) carrying out internal audits on the operations
of the Agency; and
(b) coordinating the implementation of all audit
recommendations arising from both internal
and external audits conducted on the agency.
(2) For the purpose of performing the function under
subsection (1), there shall be established an Audit Committee which
shall consist of the head of the Internal Audit Control Unit who shall
be the Chairman and the following other members-
(a) a representative from the compliance and
enforcement department;
(b) Chief Director;
(c) Member of the Board of Directors.
(1) A person who commits an offence under this Act orany regulations made thereunder for which no penalty is provided,
is liable on conviction-
Internal
audit.
General
offences.
(3) A person who contravenes subsection (2) commits
an offence and upon conviction is liable to a fine of not less than
5,000,000.00 Leones or to imprisonment for a term of not less than 6
months or to such fine and imprisonment.
73. (1) The Agency shall develop, guidelines, standards,
programs and activities for the protection and management of the
marine and coastal environments to prevent or mitigate negative
impacts in these environments as a result of human activities or
natural occurrences.
(2) Without prejudice to the generality of subsection (1),
the Agency shall-
(a) regulate the uncontrolled shelter
construction and the unsustainable
exploitation of coastal and marine resources,
such as sand and aggregates mining,
fisheries resources, mangroves dipliction,
harbour construction, oil and gas exploration,
industrial and tourism;
(b) monitor the use of the coastal and marine
environment including transportation
resulting to pollution, habitat degradation
and physical destruction;
(c) take such other steps as it considers prudent
to protect and develop the marine and coastal
environments and its flora and fauna;
(d) Support the development of marine spatial
planning and promote conservation of marine
resources and critical marine ecosystems.
74. (1) The Agency, in collaboration with the Ministry of
Transport and Aviation, Sierra Leone Road Safety Authority, Sierra
Leone Road Transport Corporation conduct emission test on any
automobile or industrial machines to determine its environmental
safety fitness.
Emissions
testing.
Management,
protection
development
of marine
and coastal
environment.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(a) in the case of a natural person, to a fine of
not less than 10,000,000.00 Leones or to
imprisonment for a term of not less than 12
months, and
(b) in the case of a body corporate, to a fine of
not less than 20,000,000.00 Leones.
(2) A person who commits an offence under this Act is
liable on conviction, except otherwise provided in this Act, in the
case of-
(a) a first offence, to the penalty prescribed
under this Act,
(b) a subsequent offence, to double the penalty
prescribed under this Act, and
(c) a continuing offence, to an additional fine
not less than 1,000,000.00 Leones for each
day on which the offence continues.
(1) The Minister may, after consultation with the Board,by statutory instrument, make Regulations as he considers necessary
or expedient for giving effect to this Act.
(2) Regulations made under subsection (1) may provide
for-
(a) the control, prohibition, phase-out and
phase-down of ozone depletion substances;
(b) the prohibition of the use of chemical
weapons;
(c) control and regulation of Environmental
Consultant;
(d) the control and management of the use of
lead in paint and other products;
(e) the management, protection and
development of the Marine and Coastal
Environment of Sierra Leone;
(f) the criteria for the approval of environmental
impact assessments;
(g) the minimum amount of insurance or other
appropriate financial security to be
maintained in respect of specified activities
or projects;
(h) standards, guidelines or methods for
preventing or minimising pollution;
(i) the conduct of ground trothing and the fee
payable by project developers;
(j) prescription of standards, rules and
procedures for the operations of Chiefdom
or Ward Environment Committees;
(k) control and management of Chemicals, toxic
and hazardous substances;
(l) the control management and disposal of
waste
(m) any other matter which is required or
authorised to be prescribed.
No. 11 of 2008) is hereby repealed.
(2) The Environment Protection Agency Amendment Act
2010 is hereby repealed.
54 55
Repeal and
savings.
Regulations.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
FIRST SCHEDULE (Section 24(1), 25(1))
PROJECTS REQUIRING ENVIRON MENT IMPACT ASSESSMENT
LICENCES
A licence is required for the projects whose activities involve or include the
following:-
(a) Land use change (e.g. conversion of land to large scale
agricultural production, forestry or to pasture land, rural
development, timber production etc.);
(b) changes in farming and fisheries practices (e.g. introduction
of new crops, large scale mechanisation or use of chemicals
in agriculture etc.);
(c) exploitation of hydraulic resources (e.g. dams, drainage and
irrigation projects, water basin development, water supply);
(d) infrastructure (e.g. roads, bridges, airports, harbours,
transmission lines, pipelines, railways, water transport etc);
(e) industrial activities (e.g. metallurgical plants, wood
processing plants, chemical plants, power plants, cement
plants and packaging, fuel stations, refinery and petrochemical plants, agro-industries, cold room etc).
(f) extractive industries (e.g. mining, quarrying, exploration,
extraction of sand, gravel, salt, peat, oil and gas);
(g) waste management and disposal (e.g. sewerage systems
and treatment plants, landfills, treatment plants for
household and hazardous waste, incinerators etc.);
(3) Notwithstanding the repeal of the enactment referred
to under subsection (1), (2) regulations made under the repealed Act
shall in so far as they are consistent with this Act continue in force
as if they were regulations made under this Act until such time as
they are revoked by the Minister.
(4) A licence issued under the repealed Act shall continue
in force until expiration by passage of time and shall be subject to
renewal.
(5) An act done, executed or issued under the repealed
Act and in force and operative before the commencement of this Act
shall, so far as it could have been done, executed or issued under
this Act have effect as if done, executed or issued under this Act.
(6) A fund kept under the repealed Act shall be deemed
to be part of a fund kept under this Act.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(h) housing construction and development schemes; (e.g
designation of new townships; establishment of industrial
estates; establishment or expansion of recreational areas;
establishment or expansion of recreational townships in
mountain areas, national parks and game reserves;
shopping centres and complexes; laboratories, block
factories, etc)
(i) establishment of places of entertainment, hotels, motor
repair garages and welding shops;
(j) importation of second hand vehicles.
(k) manufacturing activities or establishments, including
wastes recycling;
(l) Urban Development Planning including the designation
and management of landfills, green parks, lorry parks
construction of houses in mountain, harbours, etc;
(m) the use of agrochemicals.
SECOND SCHEDULE (Section 26(2))
FACTORS DETERMINING WHETHER A PROJECT REQUIRES
ENVIRONMENTAL IMPACT ASSESSMENT
(a) the environmental impact on the community;
(b) the location of the project;
(c) whether the project transforms the locality;
(d) whether the project has or is likely to have substantial
impact on the ecosystem of the locality;
(e) whether the project results in the diminution of the aesthetic,
recreational, scientific, historical, cultural or other
environmental quality of the locality;
(f) whether the project will endanger any species of flora or
fauna or the habitat of the flora or fauna;
(g) the scale of the project;
(h) the extent of the degradation of the quality of the
environment
(i) whether the project will result in an increase in demand for
natural resources in the locality;
(j) the cumulative impact of the project together with other
activities or projects, on the environment.
58 59
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
FOURTH SCHEDULE (Section 41(1))
PART A: CONTROLLED SUBSTANCES
Group Substance Ozone Depleting Potential
CFC1, CFC-11) 1.0
CF,Cl, (CFC-12) 1.0
C:\FX: 1, (CFC-113 0.8
QF4C1^ (CFC-114) 1.0
C:\FX: f (CFC-115 6.0
Group II
CF,BrCl (lialon-1211) 3.0
CF~Br (lialon-1301) 10.0
C,F4Br, (halon-2402) 6.0
PART B: CONTROLLED SUBSTANCES
Group Substance Ozone Depleting Potential
CF,C1 (CFC-13) 1.0
c2fci5 (CFC-111) 1.0
c2f2ci4 (CFC-112) 1.0
THIRD SCHEDULE (Section 27(1))
CONTENT OF ENVIRONMENTAL IMPACT ASSESSMENT
An environment impact shall contain a true statement and description of-
(a) the location of the project and its surroundings;
(b) the principle, concept and purpose of the project;
(c) the direct or indirect effects that the project is likely to
have on the environment;
(d) the social, economic and cultural effect that the project is
likely to have on people and society;
(e) the communities, interested parties and Government
ministries consulted;
(f) any actions or measures which may avoid, prevent, change,
mitigate or remedy the likely effect on people and society;
(g) any alternatives to the proposed project;
(h) natural resources in the locality to be used in the project;
(i) the plans for decommissioning of the project;
(j) such other information as may be necessary for a proper
review of the potential environmental impact of the project.
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
c,fci7 (CFC-211) 1.0
c,f2ci6 (CFC-212) 1.0
c,f,ci5 (CFC-213) 1.0
CF,C1, (CFC-214) 1.0
* These ozone depleting potentials are estimates based on existing
knowledge and will be reviewed and revised periodically.
C,F,C1, (CFC-215) 1.0
CFC1 (CFC-216) 1.0
C,F7Cr (CFC-217) 1.0
Group Substance Ozone Depleting Potential
Group II
CC1, carbon tetrachloride 1.1
Group III
C2H,C 1, 1,1,1- trichloroethane" 0.1
(Methyl chloroform)
* This formula does not refer to 1,1,2 trichloroethane.
PART C: CONTROLLED SUBSTANCES
Number of Isomers Potential
chfc1, (hcfc-21)** 1 0.04
chfx'l (hcfc-22)** 1 0.055
ch.fc1 (hcfc-31) 1 0.02
chfcl, (hcfc-121) 2 0.04
c2hf2ci, (hcfc-122) 3 0.08
c2hf,ci2 (hcfc-123) 3 0.06
chc1,cf, (hcfc-13)** - 0.02
c\hf,c1 (hcfc-124) 2 0.04
chfc1cf, (hcfc-124)** - 0.022
c2h2fci, (hcfc-131 3 0.05
c2h2f2ci2 (hcfc-132) 4 0.05
c2h2f,ci (hcfc-133) 3 0.06
c2h2fci2 (HCFC-141) 3 0.07
ch,cfc1, (hcfc-141b)** - 0.11
C2H,F2Cf (hcfc-142) 3 0.07
62 63
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
C,H,FC1
Group II CHFBr, CHF, Br CH, FBr C\HFBr, C;HF2Br3 C2HF3Br2 CHF, Br CXFBr,
C2H2F2Br2 C2H2F3Br C2H3FBr2 C2H3F2Br CH, FBr C, HFBr C3HF2Br5 C3HF3Br4
C3HF4Br3 C3HF5Br2 C, HFBr C3H2FBr5 C3H2F2Br4
(HCFC-225a)**
(HCFC-225cb)**
(HCFC-226)
(HCFC-231)
(HCFC-232)
(HCFC-233)
(HCFC-234)
(HCFC-235)
(HCFC-241)
(HCFC-242)
(HCFC-243)
ch,cf,c1 (HCFC-142b)** - 0.065
qh,fc1 (hcfc-151) 2 0.005
CjHFCl, (hcfc-221) 5 0.07
c,hf2ci5 (hcfc-222) 9 0.09
chfx'l, (hcfc-223) 12 0.08
c,hf4ci3 (hcfc-224 12 0.09
c,hf5ci2 (hcfc-225) 9 0.07
Number of Ozone Depleting Isomers Potential
Group Substance
cf,cf,chc1, cfc1 cfx'hc 1f c,hf6c1
c3h2fci5 c3h2f2ci4
C3H2F3C1,
c3h2f4ci2 c3h2f5ci c3h3fci4 c3h3f2ci3
c3h3f3c12 c3h3f4c1 c3h5fcl2 c3h5f2ci
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(HCFC-244
(HCFC-261)
(HCFC-262)
(HCFC-271)
0.025 - 0.033 0.10 0.09 0.10 0.23 0.28 0.52 0.09 0.13 0.12 0.14 0.02 0.02 0.03
1.00 0.74 0.73 0.08 1.8 1.6 1.2 1.1
1.5
1.6
1.7 1.1 0.1 1.5 1.9
1.8 2.2 2.0 3.3 1.9 2.1
5 9 16 18 16 9 12 18 18 12 9 9 5
1 1 1
2 3 3 2
4 3 3 3 2
5 9 12 12 9 5 9 16
(HBFC-22bl)
Group Substance Number of Ozone depleting isomers potential
('.I I.F.Br. ........................18 5.9
C\I II\I3r ........................16 7.5
('.I I.F.Br ........................8 14.0
C.IIT'Br. ........................12 1.9
C.I I.I'.Br. ........................18 3.1
(\IU\Br. ........................18 3.1
(.11.1'.Br ........................12 4.4
C.I IIBr. ........................12 0.3
C.I I .I'.Br. ........................16 1.0
C.I I.I'.Br ........................12 0.8
(.1I.IBr. ........................9 0.4
(\I I.I'.Br ........................9 0.8
(.11.I'BR ........................5 0.7
3 4
Group III
CH^BrCl bromocliloeomethane 1 0.2
*Where a range of Ozone Depleting Potentials (ODPs) is indicated, the highest
value in that range shall be used for the purposes of the Protocol. The ODPs listed
as a single value have been determined from calculations based on laboratory
66 67
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
Group 1
CHF HFC-134 1,100
CH FCF HFC-134a 1,430
CH FCHF HFC-143 353
CHF CH CF HFC-245fa 1,030
CF CH CF CH HFC-365mfc 794
CF CHFCF HFC-227ea 3,220
CH FCF CF HFC-236cb 1,340
CHF CHFCF HFC-236ea 1,370
CF CH CF HFC-236fa 9,810
CH FCF CHF HFC -245ca 293
CF CHFCHFCF CF HFC-43-10mee 1,640
CF F HFC-32 675
CHF CF HFC-125 3,500
CH CF HFC-143a 4,470
CH F HFC-41 92
CH FCH F HFC-152 53
CH CHF HFC-152a 124
GROUP II SUBSTANCE 100-Year Global Warming potential
CHF HFC-23 14,800
measurements. Those listed as a range are based on estimates and are less certain.
The range pertains to an isometric group. The upper value is the estimate of the
ODP of the isomer with the highest ODP, and the lower value is the estimate of the
ODP of the isomer with the lowest ODP.
Identifies the most commercially viable substances with ODP values listed against
them to be used for the purposes of the Protocol.
PART D: CONTROLLED SUBSTANCES
Group Controlled Substance Potential Ozone Depleting
CG3Br Methyl bromide 0.6
PART E
GROUP I SUBSTANCE 100-Year Global Warming potential
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 2022
(i) Name of supplier.....................................................................................................
(ii) Trade of the supplier:................................................................................................
(iii) Full address of the supplier:...................................................................................
(iv) Country of origin:..................................................................................................
(v) Country from which controlled substance or product is consigned
(vi) Holder of the product trade mark:............................................................................
DECLARATION:
I..............................................................of......................................................................
hereby declare that the information provided in this application is correct and that
I am willing and able to use the controlled substance in compliance with all the
relevant laws for the time being in force.
Signature...........................................................Date......................................................
FORM B (section 37 (2))
APPLICATION FORM
Name of applicant:..................................................................................................................
Address (business):.............................................................................................................
Address (residential):..........................................................................................................
Passport no:..........................................................................................................................
Company's name:.................................................................................................................
Nature of business..............................................................................................................
Telelephone/fax:.......................................Email..................................................................
Company's certificate of incorporation No:.......................................................................
Name of person authorized to act on behalf of applicant:...............................................
Title:......................................................................................................................................
FIFTH SCHEDULE (Sections 43(1))
FORM A
APPLICATION FORM
PERMIT TO IMPORT CONTROLLED SUBSTANCE AND
CONTROLLED PRODUCT
(One application shall be used for each group of controlled substance)
Name of applicant:...............................................................................................................
Address (business):.............................................................................................................
Address (residential):.........................................................................................................
PassportNo:..........................................................................................................................
Company name:.....................................................Address.................................................
Nature of Business.............................................................................................................
Telephone/fax/:................................................................email:..........................................
Company's certificate of incorporation No:.....................................................................
........................................Date................................................................................................
Name of person authorised to act on behalf of applicant:............................................
Title/designation:................................................................................................................
Address:.................................................................................................................................
Telephone/FaxNo:.......................................Email..............................................................
Cell phone:............................................................................................................................
Request for confidentiality of information: YES ( ) NO ( )
Reasons:..............................................................................................................................
Information concerning the controlled substances:
Group of substances:.........................................................................................................
Courtly of origin/export:....................................................................................................
Quantity to be imported:....................................................................................................
Poitofertty:...........................................................................................................................
Mode of transport/intended carrier:.................................................................................
Information concerning the supplier:
No. 15 The Environment Protection Agency Act 2022 No. 15 The Environment Protection Agency Act 202272
Address:...............................................................................................................................
Telephone/FaxNo:.......................................Email...............................................................
Request for confidentiality: YES ( ) NO ( ) If yes. Give reasons: ..........................……..
Information concerning the controlled substances Party to which the controlled
substance is being exported: Type of controlled substance:- (tick)
Recovered:............................................................................
Recycled:..............................................................................
Reclaimed:............................................................................
Used:.....................................................................................
Controlled Country of export Amount(M.T.) Proposed date
substance of export
DECLARATION: I..........................................................of...............................................
hereby declare that the information provided in this application is correct and that
I am able to export the controlled substance in compliance with all the relevant laws
for the time being in force.
Signature........................................................Date..............................................................
Passed in Parliament this 16th day of June, in the year of our Lord two thousand
and twenty two.
PARAN UMAR TARAWALLY
Clerk of Parliament.
THIS PRINTED IMPRESSION has been carefully compared by me with the Bill
which has passed Parliament and found by me to be a true and correct printed copy
of the said Bill.
PARAN UMAR TARAWALLY
Clerk of Parliament.
PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTING DEPARTMENT, SIERRA LEONE.
GAZETTE NO. 65 OF 15TH SEPTEMBER, 2022.
Check the current official version before relying on this text. MiLAWYER shares legal information, not legal advice.