The Environment Protection Act, 2000

ACTS Supplement to the Sierra Leone Gazette Vol. CXXXI, No. 14 dated 2nd March, 2000 THE ENVIRONMENT PROTECTION ACT, 2000 ARRANGEMENT OF SECTIONS Section PART I — PRELIMINARY ENACTED by the President and Members of Parliament in this present Parliament assembled. 2 No. 2 Environment Protection Act 2000 PART I — PRELIMINARY [Margin: Interpretation.]

"air" includes air within a building, a vehicle or any enclosure or structure or the air space of Sierra Leone; "airspace" means the airspace within the territorial limits of Sierra Leone; "Director" means the Director for the Department of the Environment of the Ministry; "discharge" includes deposit, emission or leakage; "disposal" includes both land-based disposal and dumping in waters and airspace of Sierra Leone; "effluent limitation" means any restriction established by the Ministry on quantities, rates and concentration of chemical, physical, biological or other constituents which are discharged from point sources or other sources into the waters of Sierra Leone or on, or into the land. "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; "licence" means environmental impact assessment licence; "Minister" means the Minister charged with responsibility for the environment; "Ministry" means the Ministry charged with responsibility for the environment; "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; No. 2 Environment Protection Act 2000 3 "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; (b) in the case of an onshore facility or an offshore facility, the owner or operator of such facility; (c) in the case of any 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 such project; "pollution" means any natural, man-made or man-aided alteration of the chemical, physical or biological quality of the environment to the extent that is detrimental to the environment or beyond acceptable limits and pollutants shall be construed accordingly; "prescribe" means prescribe by regulations; "project"' means any activity which requires a licence under this Act; "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; 4 No. 2 Environment Protection Act 2000 "standards" includes criteria and specifications; "waters of Sierra Leone" means all water resources in any form, including atmospheric, surface and sub-surface 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. PART II—ADMINISTRATION [Margin: Establishment of the National Environment Protection Board.]

[Margin: Composition and tenure of office of the Board.]

(a) a chairman who has considerable knowledge and experience in environmental matters; and (b) twelve other persons. (2) The chairman and other members of the Board shall be appointed by the President with the approval of Parliament. (3) A member of the Board including the chairman shall hold office for a term of three years and may be re-appointed. (4) The chairman or any other member of the Board may resign his office by written notice to the Minister and may be removed from office by a Tribunal for inability to discharge the functions of his office. (5) A Tribunal shall be constituted by the Minister and shall consist of a chairman and two other persons. (6) A Tribunal shall regulate the procedure for its sittings; but the member of the Board concerned shall be heard before any decision is taken by the Board concerning such person. [Margin: Functions of the Board.]

(a) facilitate coordination, cooperation and collaboration among Government Ministries, local authorities and other governmental agencies in all areas relating to environmental protection; No. 2 Environment Protection Act 2000 5 (b) review national and sectoral environmental policies and make such recommendations or proposals it may think necessary to the Minister; (c) review environmental impact assessments prepared pursuant to this Act and make appropriate recommendations to the Director; (d) investigate or cause to be investigated, any activity, occurrence or transaction which it considers is likely to have or result in harmful consequences to the environment and advise on measures necessary to prevent or minimise such consequences; (e) advise the Minister on areas of environmental protection and control requiring special or additional measures, indicating the priorities and specific goals to be achieved; (f) undertake or cause to be undertaken specific studies and research aimed at developing strategies for the protection of the environment and make appropriate recommendations to the Minister; and (g) consider any other matters which may be referred to it by the Minister and make appropriate recommendations or proposals thereon. [Margin: Meetings of the Board.]

(1) Subject to the provisions of this section, the Board shall meet at such times and places as it thinks expedient for the transaction of its business. (2) Special meetings of the Board may be convened at the request of the Minister. (3) The quorum for a meeting of the Board shall be seven. (4) The chairman shall preside at meetings of the Board and in his absence a member of the Board appointed by the members present shall preside. 6 No. 2 Environment Protection Act 2000 (5) The Board may co-opt any person to advise it on any issue at its meetings and such co-opted person may participate in the deliberations of the Board but shall not vote on any matter for decision by the Board. (6) Decisions at meetings of the Board shall be taken by a majority of the members present and voting and the chairman or other person presiding shall, in the event of equality in votes, have a casting vote. [Margin: Committees.]

[Margin: Procedure of Board and Committees.]

[Margin: Honorarium.]

Members of the Board and committees thereof shall be paid such honorarium as the Minister after consultation with the Minister for Finance may determine. [Margin: Duties of Minister.]

(a) the setting of national environmental goal and objectives and proposing and developing policies on all aspects concerning environmental protection and management; (b) requesting and receiving information from Government Ministries, local authorities and other agencies on actions or measures taken, being taken or planned where in the opinion of the Minister such actions or measures have resulted or are expected to result in harm to the environment; (c) the implementation of the provisions of international conventions and protocols on the environment acceded to by Sierra Leone; No. 2 Environment Protection Act 2000 7 (d) the provision within the resources available, of information, advice, technical or other assistance to Government Ministries, local authorities and other agencies with regard to any measures or actions to be taken or required for the protection of the environment and the preservation of the ecology; (e) the issuance of notifications or demands for remedial action if in the opinion of the Minister, any action taken, being taken or planned does not or will not conform to the requirements of this Act; (f) reviewing the progress made in the implementation of the National Environmental Action Plan and issuing such directions as are necessary. (2) The Minister shall seek and promote co-operation and collaboration with other Ministers and international bodies concerned with programmes and activities having impact on the environment in order to co-ordinate and facilitate the most rational use of available resources for the protection and preservation of the environment. (3) The Minister shall co-operate with and assist non-governmental organisations, industries, voluntary associations and groups for the purpose of fostering and increasing awareness of the necessity for protecting the environment and identifying and publicising effective and realistic strategies and measures for protecting the environment. [Margin: Power to delegate.]

(1) Subject to subsection (2), the Minister may delegate any of his powers and responsibilities under this Act to the Director or such officer within the Ministry as he may think fit. (2) The Minister shall not delegate his power to make regulations under section 41. 8 No. 2 Environment Protection Act 2000 [Margin: Department of the Environment.]

(2) The Department shall be headed by the Director who shall be a public officer. (3) The Director shall be professionally knowledgeable in environmental protection matters. [Margin: Responsibilities of the Department.]

(1) The Department of the Environment shall, subject to this Act, coordinate all the environmentally related activities of Government Ministries and local authorities and act as the focal point of all national and international environmental matters relating to Sierra Leone. (2) In addition to its duties under subsection (1), the Department shall— (a) promote the formulation of national environmental goals and strategies; (b) formulate or promote the formulation of, and monitor the implementation of environmental policies, programmes and projects, standards and regulations; (c) advise the Minister on environmental matters; (d) establish and coordinate working groups to study specific environmental problems or issues; (e) promote and support environmental education and training; (f) participate at crucial stages of the government's review of development programmes through environmental impact assessment reports; (g) prepare and publish overall assessment of the state of the environment; No. 2 Environment Protection Act 2000 9 (h) coordinate and monitor the implementation of national environmental policies; (i) cooperate with Government Ministries, local authorities and other agencies on matters relating to environmental protection and management; (j) collect and make available to the public or interested persons or organisations, through publications and other appropriate means and in cooperation with public or private organizations, environmental data and information; (k) promote the establishment of national environmental standards; (l) provide secretarial services to the Board and other subsidiary bodies; (m) carry out other duties as are necessary or expedient for the full discharge of its duties under this Act. [Margin: Duties of the Director.]

(1) The Director shall, subject to the policy guidance of the Minister have responsibility for the implementation of the National Environmental Action Plan. (2) The Director may in writing designate any officer of the Department as an authorised officer and may delegate to such officer any of the powers or duties conferred on him by this Act. PART III — ENVIRONMENTAL IMPACT ASSESSMENTS [Margin: Prohibition of certain activities.]

(1) Except as otherwise provided in this Act and notwithstanding the provisions of any enactment, no person shall undertake or cause to be undertaken any of the projects set out in the First Schedule unless he holds a valid licence in respect of such project. (2) Any person who contravenes the provisions of subsection (1) commits an offence and is liable on conviction to a fine not exceeding five million leones in the case of a citizen of Sierra Leone and five thousand United States dollars in the case of non-citizens of Sierra Leone or to a term of imprisonment not exceeding two years or to both the fine and imprisonment. 10 No. 2 Environment Protection Act 2000 [Margin: Application for and issue of licences.]

(1) Notwithstanding the provisions of any enactment, any person who wishes to undertake or cause to be undertaken any of the projects set out in the First Schedule shall apply to the Director for a licence. (2) An application shall be accompanied by a description of the project proposed to be undertaken. [Margin: Director to decide on need for environmental impact assessments.]

(1) The Director shall, within fourteen days of receiving an application and after consultation with the Board decide whether an environmental impact assessment is required in respect of the project. (2) The matters set out in the Second Schedule shall be taken into consideration when a decision is being taken as to whether an environmental impact assessment is required in respect of any project. [Margin: Director to issue licence.]

Where a decision has been taken that an environmental impact assessment is not required in respect of any project the Director shall issue to the applicant a licence. [Margin: Applicant to prepare environmental impact assessment.]

(1) An applicant shall, where a decision has been taken that a project so requires, prepare and submit to the Director an environmental impact assessment in respect of the project. (2) An environmental impact assessment shall contain the information set out in the Third Schedule. [Margin: Public comments.]

(1) The Director shall, after receiving an environment impact assessment, circulate it to professional bodies or associations, Government Ministries and non-governmental organisations for their comments. (2) Without prejudice to subsection (1), the Director shall make an environmental impact assessment open for public inspection and comments and he shall give notice to that effect in two consecutive issues of the *Gazette* and two issues in a newspaper; except that in the case of a newspaper there shall be an interval of at least seven days between the first and second publications. No. 2 Environment Protection Act 2000 11 (3) Comments made under this section shall be submitted within fourteen days of the last publication in the *Gazette* or newspaper as the case may be, to the Director. [Margin: Director to submit comments etc. to Board.]

(1) The Director shall, after receiving the comments on an environmental impact assessment, submit the environmental impact assessment together with the comments thereon to the Board for its consideration. (2) The Board may, after considering the environmental impact assessment and the comments thereof, if any— (a) refer them back to the Director with a direction to issue a licence on such terms and conditions as it considers appropriate; (b) require the applicant to furnish additional information as may be needed to determine the environmental impact of the activity; or (c) disapprove the environmental impact assessment where it is satisfied that the project and the alternatives proposed in the assessment will have significant adverse effect on the environment, people or society. (3) An environmental impact assessment referred back to the applicant under paragraph (b) of subsection (2) for additional information shall be resubmitted within twenty-one days of the date of the reference failing which the application lapses. (4) Where an environmental impact assessment has been disapproved the application in respect of the project shall be rejected by the Director. [Margin: Director to issue licences.]

Without prejudice to section 17, the Director shall, where the Board so directs, issue a licence to an applicant in respect of a project. [Margin: Effect of licences.]

12 No. 2 Environment Protection Act 2000 (a) be in the prescribed form; (b) authorise the licensee to undertake such activity as may be specified therein; (c) be valid for twelve months from the date of issue or such period as the Director may determine; and (d) contain such conditions as may be necessary for the protection of the environment. [Margin: Renewal of licences.]

A licence may at the expiration of the period specified in it be renewed by the Director upon application by the owner of the project, for such further period as the Director may determine. [Margin: Appeal against decision.]

[Margin: Licence fees.]

[Margin: Cancellation, suspension or modification of licences.]

(a) the terms and conditions of a licence are not being complied with or have been contravened; or (b) there is a substantial change in the operations of a project resulting in an adverse effect on the environment, the Director may in consultation with the Board— (i) cancel the licence; (ii) suspend the licence for such time as he thinks appropriate; or (iii) impose additional or modified conditions for the licence. No. 2 Environment Protection Act 2000 13 (2) The Director 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 the imposition of additional conditions. (3) The Director may, in addition to the powers conferred under subsection (1) prescribe measures to be taken by the owner of the project to abate such adverse effects on or remedy any damage to the environment. (4) The Director may impose such terms and conditions as he may think necessary for the resumption of operations of a project in respect of which a licence has been cancelled or suspended. (5) Any person aggrieved by a decision to cancel or suspend a licence may, within fourteen days of the notification of the cancellation or suspension appeal to the High Court. [Margin: Transferability of licences.]

(2) Where prior to the issue of a licence in respect of a project the ownership, control or management of that project changes, the previous owner and the new owner shall both notify the Director in writing within fourteen days of the transfer of ownership, control or management. (3) Upon notification pursuant to subsection (2), the new owner shall be deemed to be the applicant for a licence. (4) Where after the issue of a licence in respect of a project the ownership, control or management of that project changes, the previous owner and the new owner shall both notify the Director within fourteen days of the transfer of ownership, control or management. (5) The Director shall, upon due notification and fulfilment of relevant conditions by the new owner endorse the licence and the transfer shall be valid upon such endorsement. 14 No. 2 Environment Protection Act 2000 (6) Any person who, being the previous owner or new owner of a project fails, after a transfer to notify the Director as required in this section, commits an offence and is liable on conviction to a fine not exceeding three million leones in the case of a citizen of Sierra Leone and one thousand five hundred United States dollars in the case of a non-citizen of Sierra Leone or to a term of imprisonment not exceeding one year; and the licence in respect of that project shall be deemed cancelled at the expiration of the fourteen day period. [Margin: Register.]

(1) The Director shall maintain a register in which he shall record such particulars relating to licences issued as may be prescribed. (2) The Director shall effect changes in particulars and rectify any clerical errors in the register or other document containing extracts from the register. [Margin: Director to monitor projects.]

(1) The Director shall monitor all projects in respect of which licences have been issued in order to assess their effect on the environment or ascertain compliance with the provisions of this Act. (2) For the effective exercise of the powers in subsection (1) the Director may— (a) request from the owner of a project information or documentation pertaining to the project including any licence issued under this Act; (b) enter any premises where a project is being undertaken and inspect the project. (3) Where the Director has reasonable grounds to believe an offence has been committed or is about to be committed against this Act, he may without a warrant— (a) enter, inspect and search any premises, 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 any substances relating to such offence; No. 2 Environment Protection Act 2000 15 (c) seize any 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 any person whom he suspects to have committed an offence. (4) A receipt shall be given for anything seized under this section stating therein the grounds for the seizure. (5) Any person arrested without a warrant under this section shall be taken to the nearest police station. [Margin: Duties of owners of projects.]

(a) the project premises and the project whenever the Director thinks necessary for the exercise of his powers under this Act; or (b) the project's records. (2) Any owner who fails to comply with subsection (1) commits an offence and is liable on conviction to a fine not exceeding five hundred thousand leones or to a term of imprisonment not exceeding one year or to both the fine and imprisonment. [Margin: Identification of authorised officers.]

(1) An authorised officer when exercising any of the powers conferred by this Act shall, on request, produce identification to show that he is an authorised officer. (2) Notwithstanding the provisions of this Act, no person shall be deemed to have committed an offence under this Act where an authorised officer refuses or fails to comply with a request to produce identification pursuant to subsection (1). 16 No. 2 Environment Protection Act 2000 [Margin: Protection of officers.]

No person acting in pursuance of the functions conferred on him by this Act shall be subject to any civil or criminal liability in respect of such act, whether on the grounds of want of jurisdiction, mistake of law or fact or any other ground, unless he acted in bad faith and without reasonable cause. [Margin: Financial security.]

(1) The Minister may by statutory instrument make regulations providing that persons responsible for specified projects shall take and maintain insurance or other appropriate financial security to guarantee payment of 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 of 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. [Margin: Environmental standards.]

The Minister may by statutory instrument make regulations establishing national environmental standards for the following— (i) water quality; (ii) effluent limitations; (iii) air quality; (iv) waste; (v) atmospheric protection; (vi) ozone protection; (vii) noise control; (viii) pesticide residues; and (ix) odour. No. 2 Environment Protection Act 2000 17 [Margin: Toxic and hazardous substances.]

(2) The Minister shall take all necessary and appropriate measures to monitor, control and regulate the manufacture, sale, transportation, handling or disposal of toxic and hazardous substances, including toxic and hazardous wastes. (3) The introduction or importation of toxic or hazardous wastes into Sierra Leone for storage or disposal by any means whatsoever is prohibited. (4) The possession, introduction or importation into Sierra Leone of internationally banned chemicals or substances is prohibited. (5) The discharge of any toxic and hazardous substance into the air or in, on or under the land and waters of Sierra Leone is prohibited. (6) Any person who contravenes the provisions of subsection (3), (4) or (5) commits an offence and is liable on conviction to a fine not exceeding two million leones or to a term of imprisonment not exceeding two years or to both the fine and imprisonment. (7) Notwithstanding the provisions of subsection (5), it shall be a defence if it is proved that the discharge was caused solely by a natural disaster or an act of war. (8) Without prejudice to subsection (1), a Court may declare an activity or substance to be hazardous where the Court is satisfied on the evidence before it that the activity or substance has the potential of causing grave damage to the environment. [Margin: Notification to the Minister.]

(1) Where a vessel or onshore or offshore facility is used or is involved in the commission of an offence against subsection (5) of section 35 the owner or operator of such vessel or onshore or offshore facility shall— (a) promptly notify the Minister or other relevant authority of the discharge; 18 No. 2 Environment Protection Act 2000 (b) take all possible measures in accordance with standard removal methods to minimize pollution; (c) promptly comply with such other directions as the Minister may from time to time prescribe. (2) An owner or operator who fails to comply with sub-section (1) commits an offence and is liable on conviction to a fine not exceeding five million leones or to a term of imprisonment not exceeding two years or to both the fine and imprisonment. [Margin: Legal proceedings.]

Where any offence has been committed by a company or by any member of a partnership, firm or business, every Director, Manager, Secretary or other officer of that company directly connected with the project or any other member of the partnership or other person connected with the management of such firm or business shall be liable for such offence unless he proves to the satisfaction of the Court that— (a) he used all due diligence to secure compliance with the Act; and (b) such offence was committed without his knowledge, consent or connivance. PART IV — THE NATIONAL ENVIRONMENT FUND [Margin: Establishment of the National Environment Fund.]

(1) There is hereby established a Fund to be known as the National Environment Fund (hereafter referred to as "the Fund"). (2) The Fund shall consist of— (a) all monies provided by Government; and (b) donations, grants or bequests. (3) The Fund shall only be applied for the purposes of its objectives. (4) The Fund shall be managed and controlled by the Director who shall for this purpose be accountable to the Minister. No. 2 Environment Protection Act 2000 19 (5) Notwithstanding subsection (4), no money shall be withdrawn from the Fund except under authority of a warrant issued by the Minister responsible for Finance. [Margin: Objectives of the Fund.]

(a) to provide foreign or local laboratory support for the analysis of environmental samples; (b) to carry out programmes to prevent or reduce pollution; (c) to promote environmental education and research; (d) to support any governmental organisations engaged in environmental protection; (e) to encourage local environmental initiatives; (f) to publish reports on the environment; and (g) to promote, support and encourage activities of the Board. [Margin: Accounts and audit.]

(2) The accounts shall be audited annually by the Auditor-General or an independent auditor appointed by the Auditor-General. (3) The Director shall not later than three months after the end of each financial year— (a) submit to the Minister a report on the activities supported by the Fund and the financial position of the Fund during that financial year; (b) submit to the Auditor-General an annual statement of the receipts and payments of the Fund together with a balance sheet showing the assets and liabilities of the Fund in respect of that financial year. 20 No. 2 Environment Protection Act 2000 (4) The Minister shall present a copy of the annual reports and audited annual accounts of the Fund together with any comments he may make thereon to the Cabinet. (5) The Minister may, in consultation with the Minister responsible for Finance, from time to time issue directives regulating the use of the Fund. PART V — REGULATIONS [Margin: Regulations.]

(1) Without prejudice to the other provisions of this Act, the Minister may by statutory instrument make regulations for the implementation of the purposes of this Act. (2) Regulations made pursuant to subsection (l) may provide for— (a) the licensing of any project or class or category of projects; (b) the criteria for the approval of environmental impact assessments; (c) the minimum amount of insurance or other appropriate financial security to be maintained in respect of specified activities or projects; (d) standards or methods for preventing or minimising pollution; (e) offences against the regulations and penalties for such offences; and (f) any other matter which is required or authorised to be prescribed. No. 2 Environment Protection Act 2000 21

PROJECTS REQUIRING ENVIRONMENTAL IMPACT ASSESSMENT LICENCES A licence is required for the projects whose activities involve or include the following:— (a) substantial changes in renewable resource use (e.g. conversion of land to agricultural production, forestry or to pasture land, rural development, timber production); (b) substantial changes in farming and fisheries practices (e.g. introduction of new crops, large scale mechanisation or use of chemicals in agriculture); (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); (e) industrial activities (e.g. metallurgical plants, wood processing plants, chemical plants, power plants, cement plants, refinery and petro-chemical plants, agro-industries); (f) extractive industries (e.g. mining, quarrying, 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); (h) housing construction and development schemes; (i) establishment of places of entertainment, motor repair garages and welding shops; (j) importation of second hand vehicles. 22 No. 2 Environment Protection Act 2000

Factors for determining whether a project requires an 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;

CONTENTS OF ENVIRONMENTAL IMPACT ASSESSMENT (EIA) An EIA shall contain a true statement and description of— (a) the location of the project and its surroundings; No. 2 Environment Protection Act 2000 23 (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 effects 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. Passed in Parliament this 1st day of February, in the year of our Lord two thousand. J. A. CARPENTER, 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 correctly printed copy of the said Bill. J. A. CARPENTER, Clerk of Parliament.