CHAPTER 191
NATIONAL ENVIRONMENT MANAGEMENT ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

PART I
PRELIMINARY PROVISIONS

   1.   Short title.

   2.   Interpretation.

PART II
THE NATIONAL ENVIRONMENT MANAGEMENT COUNCIL

   3.   Establishment of Council.

   4.   Functions of the Council.

   5.   General powers of the Council.

   6.   Director of environment protection.

   7.   Duties of the Director.

   8.   Appointment.

   9.   Delegation of powers of appointment.

   10.   Committees.

   11.   Council may call for information.

   12.   Minister may give directions.

PART III
FINANCIAL PROVISIONS

   13.   Funds of the Council.

   14.   Power of Minister to impose duty.

   15.   Council may charge fees.

   16.   Annual estimates.

   17.   Accounts and audit.

SCHEDULE

CHAPTER 191
THE NATIONAL ENVIRONMENT MANAGEMENT ACT

An Act to provide for the establishment of the National Environment Management Council, to provide for its functions and for other matters related to and incidental to the establishment of that Council.

[15th October, 1983]
[G.N. No. 157 of 1983]

Act No. 19 of 1983

PART I
PRELIMINARY (ss 1-2)

1.   Short title

   This Act may be cited as the National Environment Management Act.

2.   Interpretation

   In this Act, unless the context otherwise requires–

   "beneficial use" means a use of the environment or of any part thereof that is conductive to human benefit, welfare, safety or health;

   "Chairman" means the Chairman of the Council;

   "conservation" means any act or a combination of acts, processes or procedures aimed at the protection, development and control of the environment, or the elimination, minimisation or prevention of harm to the environment as a result of biological, chemical, economic, physical or social development activity;

   "Council" means the National Environment Management Council established by section 3;

   "Director-General" means the Director-General of the Council appointed under section 6;

   "environment" means the land, water and atmosphere of the earth;

   "Minister" means the Minister responsible for environmental matters;

   "pollution" means any direct or indirect contamination or alteration of any part of the environment so as to–

   (a)   affect any beneficial use adversely; or

   (b)   cause a condition that is detrimental or hazardous or likely to be detrimental or hazardous to–

      (i)   human health, safety or welfare;

      (ii)   animals, plants or microbes; or

      (iii)   property,

caused by emitting anything.

PART II
THE NATIONAL ENVIRONMENT MANAGEMENT COUNCIL (ss 3-12)

3.   Establishment of Council

   (1) There is hereby established a Council which shall be known as the National Environment Management Council.

   (2) The Council shall be a body corporate and shall–

   (a)   have perpetual succession and an official seal;

   (b)   in its corporate name, be capable of suing and being sued;

   (c)   subject to this Act, be capable of holding, purchasing or acquiring in any other way, any movable or immovable property, and of disposing of any of its property for the purpose of carrying out the functions conferred on the Council by this Act.

   (3) The provisions of the Schedule to this Act shall have effect as to the constitution and the procedure of the Council and to other matters in relation to it.

   (4) Except for the provisions relating to the appointment of the Chairman, the Minister may, by order published in the Gazette amend, add to, vary, revoke or replace any of the provisions of the First Schedule.

   (5) The Council may with the approval of the Minister co-opt any additional members for a specified meeting or other purpose but no co-opted member shall have the right to vote.

4.   Functions of the Council

   The functions of the Council shall be to advise the Government on all matters relating to the environment, and in particular the Council shall–

   (a)   formulate policy on environmental management and recommend its implementation by the Government;

   (b)   co-ordinate the activities of all bodies concerned with environmental matters and serve as a channel of communication between these bodies and the Government;

   (c)   evaluate existing and proposed policies and the activities of the Government directed to control of pollution and the enhancement of the environment and to the accomplishment of other objectives which affect the quality of the environment and, on the basis of that, formulate policies and programmes which will achieve more effective management and enhancement of environmental quality;

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.