Law library · Sierra Leone · The Environment Protection Agency Act, 2022
Section 1: In this Act unless the context otherwise requires -
Status not yet checkedThe Environment Protection Agency Act, 2022, Sierra Leone
"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;
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Interpretation.
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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
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(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.
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(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
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