The Swaziland Environment Action Plan (SEAP)

Contents | Chapter 1 | Chapter 2 | Chapter 3 | Chapter 4 | Chapter 5 | Chapter 6 | Chapter 7 | Chapter 8

6.0 LEGAL FRAMEWORK FOR ENVIRONMENTAL MANAGEMENT

6.1 Existing Legal Framework

The full legal framework for Environmental Management is of necessity complex, as "Environment" is defined in the Swaziland Environmental Authority Act as meaning, without being limited to:

"The atmosphere, water in all its forms, land, soil and subsoil flora, fauna, energy sources, minerals, topographical formations with energy potential, geothermal resources, living resources, landscape resources and other elements and factors such as residues, garbage, waste and refuse, noise, living conditions in human settlements and man-made products."

However, the existing legal framework could be simplified significantly, including as it does many statutes whose provisions are obsolete, or which are not efficiently enforced.

Annex 1 contains a list of legislation with implications for environmental management, listed under the sectors of land, tourism, manufacturing, mining, biodiversity, agriculture, environmental health, and infrastructure.

6.2 SEAP Recommendations for Legislative Changes.

Suggestions from the various SEAP working group reports impacting on Land Resource Management, Human Settlements, Manufacturing and Tourism which will or may require legislative enactment include the following:

Key to abbreviations:

Lrm/d p. - Land Resource Management / Desertification Working Group Report
wgmit - Working Group "Manufacturing Industry & Tourism" Report
Poldrft - Tourism Policy Draft Document
Hsueh - Human Settlements, Urbanisation & Environmental Health Report.

Land-related legislation
SUBJECT REFERENCE
Grazing Agistment Fees Lrm/d p.49
Spectrum Tenure Lrm/d p., 15, 17, 28, 31, 34, 48, 49
Constitution. Granting of Universal Proprietal Rights to Clean Natural Resources (A "Polluter Pays Polluted" principle) Hsueh p. 13, & Annexure D; Lrm/d p. 6, 9
Rationalisation & consolidation of land management Lrm/d p.5ff
Elimination of Gender as a Criterion for Rights Allocations Lrm/d p. 6
Update Water Quality, Air & Noise Pollution, and Solid Waste Disposal Standards Lrm/d p. 9
Incorporate Environmental Standards in Tender Evaluations Lrm/d p. 9
Ratify & Implement International Environmental Conventions Lrm/d p. 9
Eliminate the peri-urban "free ride" on the backs of urban ratepayers Lrm/d p. 20
Taxation and Incentive mechanisms Lrm/d p. 20
Efficient Administration & Distribution of Property Rights Lrm/d p. 22
Soil Conservation Legislation Review Lrm/d p. 27,28
Stricter Control on Agricultural Land Subdivision Lrm/d p. 31
Leaseholds Over SNL Lrm/d p. 31
Agricultural Land Use Legislation Review Lrm/d p. 32
Legally Enforce the Efficient Use of TDL Farms Lrm/d p. 33
Review Forestry Legislation Lrm/d p. 36, 39
Monitor Forests re Biodiversity / Water Resources Lrm/d p. 37
Establishment of Botanical Gardens Lrm/d p. 38
Protection & Promotion of Indigenous Forests Lrm/d p. 37
Update Mining Legislation Lrm/d p. 41, 3.1.4.1.3., 3.1.4.2
Constitution - Mineral Rights in King's Hands Lrm/d 3.1.4.1.3
Update Legal Frameworks for Settlements, Environmental Health, & Infrastructure Lrm/d 3.1.7.1.3
Tourism-related legislation
SUBJECT REFERENCE
Identification and legal protection of ecotourism attraction sites Poldrft 5,wgmit 5, Lrm/d 3.1.8.1.3
Raising tourism promotion revenue through levies wgmit 17, Lrm/d 3.1.8.1.3, 3.1.8.2
Review of visa and passport requirements and border entry procedures & timing Poldrft 9,wgmit 14, Lrm/d 3.1.8.1.2
Establish a Tourism Development Board wgmit 14, 17 Lrm/d 3.1.8.2
Improve licensing & taxation procedures for casinos wgmit 14, 17 Lrm/d 3.1.8.2
Establish botanic gardens and bird parks wgmit 17, Lrm/d p 38
Manufacturing-related legislation
SUBJECT REFERENCE
Standards for maximum tolerable pollution levels wgmit 9, 16 to be established Lrm/d p. 7
Rationalisation of existing legislation / Development of new legislation wgmit 16

6.2.1 Priority Actions

ACTIONS PRIORITY TIME FRAME RESPONSIBILITY

Review and update existing environment-related legislation

1

Short and medium term

SEA and relevant ministries

Strengthen enforcement capacity (e.g. authorize health inspectors, police to issue tickets/fines)

2

Medium and long term

MOJ,