The Environment Management Act, 2002

Act Number 5 of 2002

The Environment Management Act came into effect on 22 November 2002.
Although every effort has been made to accurately replicate the original Gazette of this Act, only the original Gazette can be taken as true and correct.

[printable version of the complete Act]

To be presented by the Minister for Tourism, Environment and Communications

MEMORANDUM OF OBJECTIVES AND REASONS

The objectives of this Bill are:

  1. to establish a framework for environmental protection and the integrated management of natural resources on a sustainable basis;
  2. to transform the Swaziland Environment Authority into a body corporate;
  3. to establish the Swaziland Environment Fund; and
  4. to provide for matters incidental to the above objectives.

P. M. DLAMINI ATTORNEY-GENERAL

An ACT

Entitled

AN ACT to provide and promote the enhancement, protection and conservation of the environment, sustainable management of natural resources and matters incidental thereto.

ENACTED by the King and Parliament of Swaziland.

Arrangement of Sections

PART I - INTRODUCTORY PROVISIONS

1. Short title and commencement
2. Interpretation
3. Application

PART II - FUNDAMENTAL PURPOSE AND PRINCIPLES

4. Purpose
5. Environmental Principles
6. Duty to give effect to purpose and principles
7. Environmental Management Strategy

PART III - ADMINISTRATION

8. Powers of the Minister
9. Swaziland Environment Authority
10. Powers of the Authority
11. Constitution and proceedings of the Authority
12. Functions of the Authority
13. Management board
14. Remuneration of board members
15. Chairperson of the board
16. Vacation of office by members of the board
17. Director
18. Employees of the Authority
19. Exemption from tax and other charges
20. Swaziland Environment Fund
21. Powers of the Fund
22. Constitution and Proceedings of the fund
23. Objects of the fund
24. Management and administration of the fund
25. Monies, accounts and audits
26. Exemption from tax and other charges
27. Duration and dissolution of the fund
28. Regulations

PART IV - INTEGRATED ENVIRONMENTAL MANAGEMENT

29. State of the Environment Report
30. National Environmental Action Plan
31. Strategic Environmental Assessments
32. Environmental Assessment
33. Regulations

PART V - POLLUTION CONTROL

34. Prohibition against discharges
35. Reporting of discharges
36. Integrated pollution prevention and control
37. Regulations
38. Disclosure of information
39. Requests for regulations
40. Local, regional and global contaminants

PART VI - WASTE MANAGEMENT

41. General Prohibition and Duty of Care
42. Waste Licences
43. Import, export and trade in waste
44. Waste management functions of the Authority
45. Role of local authorities
46. Site restoration orders
47. Regulations
48. Designation of waste control areas

PART VII - INTERNATIONAL MATTERS

49. International Agreements

PART VIII - PUBLIC PARTICIPATION

50. Register of environmental information
51. Requests for environmental information
52. Public review
53. Public hearings
54. Findings of public hearings
55. Public participation in licensing decisions
56. Orders initiated by the public
57. Prosecutions initiated by the public
58. Civil actions
59. Regulations

PART IX - COMPLIANCE AND ENFORCEMENT

60. Inspectors
61. Powers of inspectors
62. Powers of senior inspectors
63. Prevention order
64. Protection order
65. Emergency protection order
66. Compliance order
67. Cost orders
68. Offences
69. Liability of managers of bodies corporate
70. Defences
71. Continuing offences and penalties
72. Deprivation of monetary benefits
73. Costs of investigations and prosecution
74. Suspension and revocation of licences
75. Protection, repair and costs orders
76. Fixed penalties
77. Presumptions
78. Documentary evidence
79. Civil damages
80. Financial assurance

PART X - REVIEWS AND APPEALS

81. Right of review
82. Applying for a review
83. Staying of orders
84. Conduct of inquiry
85. Review by the Board

PART XI - GENERAL AND TRANSITIONAL PROVISIONS

86. Repeal and amendment of laws
87. Immunity
88. Codes of practice
89. Regulations
90. Supremacy of the Act

SCHEDULE 1

Swaziland Environment Authority

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This page was last updated on 18 February 2004