National Environment Act — Esheria

Statute

National Environment Act

Chapter 153 Country: Uganda As of: 31 Dec 2000 Status: In force Sections: 95
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Section 1

Interpretation - Interpretation

Part I: Interpretation

Section Interpretation Section In this Act, unless the context otherwise requires— “ air quality ” means the concentration prescribed under this Act of a pollutant in the atmosphere at the point of measurement; “ ambient air ” means the atmosphere surrounding the earth but does not include the atmosphere within a structure or within any underground space; “ analysis ” means the testing or examination of any matter, substance or process for the purpose of determining its composition or qualities or its effect (whether physical, chemical or biological) on any segment of the environment or examination of emissions or recording of noise or subsonic vibrations to determine the level or other characteristics of the noise or subsonic vibration or its effect on any segments of the environment ; “ analyst ” means an analyst designated under section 83 ; “ authority ” means the National Environment Management Authority established under section 4 ; “ beneficial use ” means a use of the environment or any element or segment of the environment that is conducive to public health, welfare or safety and which requires protection from the effects of wastes, discharges, emissions and deposits; “ be...

Section 2

General principles - Principles of environment management

Part II: General principles

Section Principles of environment management Section The principles of environment management referred to in subsection (1) are— The authority shall ensure that the principles of environment management set out in subsection (2) are observed. to assure all people living in the country the fundamental right to an environment adequate for their health and well-being; to encourage the maximum participation by the people of Uganda in the development of policies, plans and processes for the management of the environment ; to use and conserve the environment and natural resources of Uganda equitably and for the benefit of both present and future generations, taking into account the rate of population growth and the productivity of the available resources; to conserve the cultural heritage and use the environment and natural resources of Uganda for the benefit of both present and future generations; to maintain stable functioning relations between the living and nonliving parts of the environment through preserving biological diversity and respecting the principle of optimum sustainable yield in the use of natural resources; to reclaim lost ecosystems where possible and reverse the degrada...

Section 3

General principles - Right to a decent environment

Part II: General principles

Section Right to a decent environment Section In furtherance of the right to a healthy environment and enforcement of the duty to maintain and enhance the environment , the authority or the local environment committee so informed under subsection (2) is entitled to bring an action against any other person whose activities or omissions have or are likely to have a significant impact on the environment to— Every person has a right to a healthy environment . Every person has a duty to maintain and enhance the environment , including the duty to inform the authority or the local environment committee of all activities and phenomena that may affect the environment significantly. prevent, stop or discontinue any act or omission deleterious to the environment ; compel any public officer to take measures to prevent or to discontinue any act or omission deleterious to the environment ; require that any ongoing activity be subjected to an environmental audit in accordance with section 22 ; require that any ongoing activity be subjected to environmental monitoring in accordance with section 23 ; request a court order for the taking of other measures that would ensure that the environment does...

Section 17

Environmental planning - Environmental planning at the national level

Part IV: Environmental planning

Section Environmental planning at the national level Section The plan shall— The authority shall prepare a national environment action plan to be reviewed after every five years or such other lesser period as may be considered necessary by the authority . cover all matters affecting the environment of Uganda and shall contain guidelines for the management and protection of the environment and natural resources as well as the strategies for preventing, controlling or mitigating any deleterious effects; take into account district plans as provided for under section 18 ; be binding upon all persons and all Government departments, agencies and organs; without prejudice to subsection (1), be reviewed and modified from time to time to take into account emerging knowledge and realities; be in such a form and contain such other matters as may be prescribed ; be subject to approval by the Cabinet and after approval be laid before Parliament; be disseminated to the public.

Section 18

Environmental planning - Environmental planning at a district level

Part IV: Environmental planning

Section Environmental planning at a district level Section The district environment action plan shall— Every district environment committee shall, in consultation with the authority , prepare a district environment action plan to be revised every three years or such other lesser period as may be considered necessary by the authority . be in conformity with the national environment action plan ; be binding on all the district agencies, local committees and persons within the district; be in such a form and contain such matters as may be prescribed ; be subject to approval by the district council; and be disseminated to the public.

Section 67

Environmental restoration orders and environmental easements - Environmental restoration orders

Part IX: Environmental restoration orders and environmental easements

Section Environmental restoration orders Section An environmental restoration order may be issued under subsection (1) for any of the following purposes— Without prejudice to the general effect of the purposes set out in subsection (1) or the powers of the authority set out in subsection (2), an environmental restoration order may require a person on whom it is served to— In exercising its powers under this section, the authority shall— Subject to the provisions of this Part, the authority may issue to any person in respect of any matter relating to the management of the environment and natural resources an order in this Part referred to as an environmental restoration order . requiring the person to restore the environment as near as it may be to the state in which it was before the taking of the action which is the subject of the order; preventing the person from taking any action which would or is reasonably likely to do harm to the environment ; awarding compensation to be paid by that person to other persons whose environment or livelihood has been harmed by the action which is the subject of the order; levying a charge on that person which represents a reasonable estimate of...

Section 68

Environmental restoration orders and environmental easements - Service of an environmental restoration order

Part IX: Environmental restoration orders and environmental easements

Section Service of an environmental restoration order Section An environmental restoration order shall specify clearly and in a manner which may be easily understood— Where it appears to the authority that harm has been or is likely to be caused to the environment by an activity by any person, it may serve on that person an environmental restoration order requiring that person to take such action, in such time being not less than twenty-one days from the date of the service of the order, to remedy the harm to the environment as may be specified in the order. the activity to which it relates; the person or persons to whom it is addressed; the time at which it comes into effect; the action which must be taken to remedy the harm to the environment and the time, being not less than thirty days or such further period as may be prescribed in the order, within which the action must be taken; the powers of the executive director to enter land and undertake the action specified in paragraph (d); the penalties which may be imposed if the action specified in paragraph (d) is not undertaken; the right of the person served with an environmental restoration order to appeal to the court against t...

Section 69

Environmental restoration orders and environmental easements - Reconsideration of an environmental restoration order

Part IX: Environmental restoration orders and environmental easements

Section Reconsideration of an environmental restoration order Section At any time within twenty-one days after the service of an environmental restoration order , a person upon whom the order has been served may, by giving reasons in writing, request the authority to reconsider that order. Where a written request has been made as provided for under subsection (1), the order shall continue in effect until varied, suspended or withdrawn under subsection (3) and, if varied, shall continue in effect in accordance with the variation. Where a request has been made under subsection (1), the authority shall, within thirty days after the receipt of the request, reconsider the environmental restoration order and notify in writing the person who made the request of his or her decision on the order. The authority may, after reconsidering the case, confirm, vary, suspend or withdraw the environmental restoration order . The authority shall give the person who has requested a reconsideration of an environmental restoration order the opportunity to be heard orally before a decision is made.

Section 70

Environmental restoration orders and environmental easements - Action by the authority on environmental restoration orders

Part IX: Environmental restoration orders and environmental easements

Section Action by the authority on environmental restoration orders Section Where a person on whom an environmental restoration order has been served fails, neglects or refuses to take the action required by the order, the authority may, with all necessary workers and other officers, enter or authorise any other person to enter any land under the control of the person on whom that order has been served and take all necessary action in respect of the activity to which that order relates and otherwise to enforce that order as may seem fit. Where the authority exercised the power under subsection (1), it may recover as a civil debt, in any court of competent jurisdiction from the person referred to in subsection (1), the expenses necessarily incurred by it in the exercise of that power.

Section 71

Environmental restoration orders and environmental easements - Issue of an environmental restoration order by a court

Part IX: Environmental restoration orders and environmental easements

Section Issue of an environmental restoration order by a court Section Without prejudice to the powers of the authority under sections 67 , 68 and 69 , the court may, in any proceedings brought by any person, issue an environmental restoration order against a person who has harmed, is harming or is reasonably likely to harm the environment. For the avoidance of doubt, it shall not be necessary for a plaintiff under this section to show that he or she has a right of, or interest in, the property, in the environment or land alleged to have been harmed or in the environment or land contiguous to such environment or land.

Section 72

Environmental restoration orders and environmental easements - Environmental easements

Part IX: Environmental restoration orders and environmental easements

Section Environmental easements Section Without prejudice to the general effect of subsection (1), an environmental easement may be imposed on burdened land so as to— The court may, on an application made under this Part, grant an environmental easement, subject to this Act. The object of an environmental easement is to further the principles of environment management set out in section 2 by facilitating the conservation and enhancement of the environment, in this Act referred to as the benefited environment, through the imposition of one or more obligations in respect of the use of land, in this Act referred to as the burdened land, being land in the vicinity of the benefited environment. An environmental easement may be imposed on and shall thereafter attach to the burdened land in perpetuity or for a term of years or for an equivalent interest under customary law as the court may determine. preserve flora and fauna; preserve the quality and flow of water in a dam, lake, river or acquifer; preserve any outstanding geological, physiographical, ecological, archeological or historical features of the burdened land ; preserve a view; preserve open space; permit persons to walk in a d...

Section 73

Environmental restoration orders and environmental easements - Application for an environmental easement

Part IX: Environmental restoration orders and environmental easements

Section Application for an environmental easement Section A person or a group of persons may make an application to the court for the grant of an environmental easement. An application for the grant of an environmental easement shall be in the prescribed form and in the prescribed manner. The court may impose such conditions on the grant of an environmental easement as it considers to be best calculated to advance the object of an environmental easement.

Section 74

Environmental restoration orders and environmental easements - Enforcement of an environmental easement

Part IX: Environmental restoration orders and environmental easements

Section Enforcement of an environmental easement Section Proceedings to enforce an environmental easement may request the court to— The procedures to enforce an environmental easement shall be— Proceedings to enforce an environmental easement may be commenced only by the person in whose name the environmental easement has been registered. grant an environmental restoration order ; grant any remedy available under the law relating to easements. in the case of proceedings for the grant of an environmental restoration order , the procedures set out in sections 70 and 71 ; in the case of proceedings for a remedy available under the law relating to easements, the procedures applicable to such proceedings. The court shall have a discretion to adapt and adjust, so far as seems necessary to it, the law and procedures relating to the enforcement of easements to the requirements of the enforcement of an environmental easement.

Section 75

Environmental restoration orders and environmental easements - Registration of an environmental easement

Part IX: Environmental restoration orders and environmental easements

Section Registration of an environmental easement Section Where an environmental easement is imposed on land, the title of which is registered under the Registration of Titles Act, the environmental easement shall be registered in accordance with the provisions of that Act applicable to the registration of easements. Where an environmental easement is imposed on any land other than land referred to in subsection (1), the district environment committee of the area in which that land is situated shall register the environmental easement in a local register established for the purpose. In addition to any matter which may be required by any law relating to the registration of easements to be included in the registration, the registration of an environmental easement shall include the name of the applicant for the environmental easement as the person in whose name the environmental easement is registered.

Section 76

Environmental restoration orders and environmental easements - Compensation for environmental easements

Part IX: Environmental restoration orders and environmental easements

Section Compensation for environmental easements Section Any person who has a legal interest in the land which is the subject of an environmental easement shall, in accordance with the provisions of this Act, be entitled to compensation commensurate with the lost value of the use of the land. A person described in subsection (1) may apply to the authority for compensation stating the nature of his or her legal interest in the burdened land and the compensation sought. The authority may require that the applicant for the environmental easement bear the cost of compensating the person described in subsection (1). The authority may, if satisfied that the easement sought is of national importance, recommend that the Government compensate the person described in subsection (1). The authority , in determining the compensation due under this section, shall take into account the provisions of the Constitution and any other laws relating to compulsory acquisition of land. Where a person described in subsection (1) is not satisfied with the determination by the authority of the compensation due under this section, he or she may appeal to the court.

Section 19

Environmental regulation - Project brief and environmental impact assessment

Part V: Environmental regulation

Section Project brief and environmental impact assessment Section An environmental impact assessment shall be undertaken by the developer where the lead agency , in consultation with the executive director , is of the view that the project — An environmental impact assessment required in subsection (3) shall be appropriate to the scale and possible effects of the project , and accordingly— The authority shall, in consultation with a lead agency , adopt guidelines with respect to environmental impact reviews, environmental impact evaluations and environmental impact studies on— A developer of a project described in the Third Schedule to this Act shall submit a project brief to the lead agency , in the prescribed form and giving the prescribed information. The Minister may, on the advice of the board, by statutory instrument, amend the Third Schedule. may have an impact on the environment ; is likely to have a significant impact on the environment ; or will have a significant impact on the environment . An environmental impact assessment shall be undertaken by experts whose names and qualifications are approved by the authority . where the project may have an impact on the environmen...

Section 20

Environmental regulation - Environmental impact statement

Part V: Environmental regulation

Section Environmental impact statement Section Where a project has been determined under section 19 (7) as requiring an environmental impact study, the developer shall, after completing the study, make an environmental impact statement in the prescribed form and in the prescribed manner. An environmental impact statement shall be made according to guidelines established by the authority . The environmental impact statement shall be made to the authority , the lead agency or any other person requesting it. In any case where the statement is not requested by a lead agency , a copy of the statement shall be forwarded to the relevant lead agency and the authority . The environmental impact statement shall be a public document and may be inspected at any reasonable hour by any person.

Section 21

Environmental regulation - Consideration of the statement by the lead agency; obligation of the developer

Part V: Environmental regulation

Section Consideration of the statement by the lead agency; obligation of the developer Section The lead agency which receives an environmental impact statement under section 20 shall, in consultation with the authority, study it and if it considers it to be complete shall deal with it in the manner prescribed. In executing the project , the developer shall take all practicable measures to ensure that the requirements of the environmental impact statement are complied with.

Section 22

Environmental regulation - Environmental audit

Part V: Environmental regulation

Section Environmental audit Section The authority shall, in consultation with the lead agency , be responsible for carrying out an environmental audit of all activities that are likely to have significant effect on the environment . An environmental inspector appointed under section 79 may enter any land or premises for the purpose of determining how far the activities carried out on that land or premises conform with the statements made in the environmental impact statement. The owner of the premises or the operator of a project for which an environmental impact statement has been made shall keep records and make annual reports to the authority describing how far the project conforms in operation with the statements made in the environmental impact statement . The owner of premises or the operator of a project shall take all reasonable measures to mitigate any undesirable effects not contemplated in the environmental impact statement and shall report on those measures to the authority annually or as the authority may, in writing, require.

Section 23

Environmental regulation - Environmental monitoring

Part V: Environmental regulation

Section Environmental monitoring Section The authority shall, in consultation with a lead agency , monitor— all environmental phenomena with a view to making an assessment of any possible changes in the environment and their possible impacts; the operation of any industry, project or activity with a view to determining its immediate and long-term effects on the environment . An environmental inspector appointed under section 79 may enter upon any land or premises for the purpose of monitoring the effects upon the environment of any activities carried out on that land or premises.

Section 24

Establishment of environmental standards - Air quality standards

Part VI: Establishment of environmental standards

Section Air quality standards Section The authority shall, in consultation with the lead agency — establish— establish criteria and procedures for the measurement of air quality ; ambient air quality standards; occupational air quality standards; emission standards for various sources; criteria and guidelines for air pollution control for both mobile and stationary sources; any other air quality standard prescribed ; take measures to reduce existing sources of air pollution by requiring the redesign of plants or the installation of new technology or both to meet the requirements of standards established under this section; make guidelines to minimise emissions of greenhouse gases and identify suitable technologies to minimise air pollution .

Section 25

Establishment of environmental standards - Water quality standards

Part VI: Establishment of environmental standards

Section Water quality standards Section The authority shall, in consultation with the lead agency , establish— minimum water quality standards for different uses, including— criteria and procedures for the measurement of water quality; minimum water quality standards for all the waters of Uganda; drinking water ; water for industry; water for agricultural purposes; water for recreational purposes; water for fisheries; water for wildlife; and any other water use prescribed .

Section 26

Establishment of environmental standards - Standards for the discharge of effluent into water

Part VI: Establishment of environmental standards

Section Standards for the discharge of effluent into water Section The authority may, in consultation with the lead agency — establish standards for the discharge of any effluent into the waters of Uganda; prescribe measures for the treatment of any effluent before discharge into the sewage system; require that the operator of a plant undertake such works as it considers necessary for the treatment of effluent before it is discharged into the water .

Section 27

Establishment of environmental standards - Standards for the control of noxious smells

Part VI: Establishment of environmental standards

Section Standards for the control of noxious smells Section The authority shall, in consultation with the lead agency , establish— procedures for the measurement and determination of noxious smells; minimum standards for the control of pollution of the environment by smell; guidelines for measures leading to the abatement of obnoxious smells, whether from human activities or from naturally occurring phenomena.

Section 28

Establishment of environmental standards - Standards for the control of noise and vibration pollution

Part VI: Establishment of environmental standards

Section Standards for the control of noise and vibration pollution Section The authority shall, in consultation with the lead agency , establish— criteria and procedures for the measurement of noise and vibration pollution ; minimum standards for the emission of noise and vibration pollution into the environment ; guidelines for the abatement of unreasonable noise and vibration pollution emitted into the environment from any source.

Section 29

Establishment of environmental standards - Standards for subsonic vibrations

Part VI: Establishment of environmental standards

Section Standards for subsonic vibrations Section The authority shall, in consultation with the lead agency , establish— criteria and procedures for the measurement of subsonic vibrations; standards for the emission of subsonic vibrations which are likely to have a significant impact on the environment ; guidelines for the minimisation of the subsonic vibrations referred to in paragraph (b) from existing and future sources.

Section 30

Establishment of environmental standards - Soil quality standards

Part VI: Establishment of environmental standards

Section Soil quality standards Section The authority shall, in consultation with the lead agency , establish— For the purposes of subsection (1), the authority shall issue guidelines for— criteria and procedures for the measurement and determination of soil quality; minimum standards for the management of the quality of the soil . the disposal of any substance in the soil ; the identification of the various soils; the optimum manner for the utilisation of any soil ; the practices that will conserve the soil ; the prohibition of practices that will degrade the soil .

Section 31

Establishment of environmental standards - Standards for minimisation of radiation

Part VI: Establishment of environmental standards

Section Standards for minimisation of radiation Section The authority may, in consultation with the lead agency , establish— For the purpose of subsection (1), the authority may, in consultation with the lead agency , issue guidelines for— criteria and procedures for the measurement of ionising and other radiation ; standards for the minimisation of ionising and other radiation in the environment . monitoring radiation ; protective measures to be taken against radiation ; inspection of premises , areas, vehicles, and vessels contaminated by radiation ; the control of the effects of the radiation ; safe practices to protect persons involved in activities prone to radiation exposure. The authority shall, in consultation with the Uganda Revenue Authority , maintain a register of all radioactive substances imported into Uganda in such form and in such manner and containing such information as may be prescribed .

Section 32

Establishment of environmental standards - Other standards

Part VI: Establishment of environmental standards

Section Other standards Section The authority shall, in consultation with the lead agency , establish standards for— buildings and other structures; industrial products; materials used in industry, agriculture and for domestic uses; solid waste disposal; such other matters and activities that may affect the environment . The authority shall, in consultation with the lead agency , establish such criteria and procedures as they consider necessary for the determination of the standards referred to in subsection (1).

Section 33

Management of the environment - Scope of Part VII

Part VII: Management of the environment

Section Scope of Part VII Section The measures for the management of the environment and natural resources provided for under this Part shall be exercised in conjunction with other measures, incentives, fees and disincentives that may be included in the annual budget proposals by the Minister responsible for finance under section 93 .

Section 34

Management of the environment - Limits on the use of lakes and rivers

Part VII: Management of the environment

Section Limits on the use of lakes and rivers Section Subject to subsection (2), no person shall, in relation to a river or lake, carry out any of the following activities— For the purposes of this section and section 35 — use, erect, reconstruct, place, alter, extend, remove or demolish any structure or part of any structure in, on, under or over the bed; excavate, drill, tunnel or disturb the bed otherwise; introduce or plant any part of a plant whether alien or indigenous in a lake or river; introduce any animal, or microorganism, whether alien or indigenous in any river or lake or on, in or under its bed; deposit any substance in a lake or river or in, on or under its bed, if that substance would or is likely to have adverse effects on the environment ; divert or block any river from its normal course; drain any lake or river. The authority may, in consultation with the lead agency , in writing, waive any of the requirements of subsection (1) in respect of any person subject to conditions prescribed by the authority . “lake” includes natural lakes, artificial lakes, dams, canals, gulfs, bays and inlets; and “river” includes stream and canal. The authority shall, in consultation...

Section 35

Management of the environment - Management of river banks and lake shores

Part VII: Management of the environment

Section Management of river banks and lake shores Section In declaring protected zones on the banks of a river and the shores of a lake under subsection (3), the authority shall take into account— The authority shall, in consultation with the lead agency , take all measures it considers necessary in order to protect the banks of rivers and the shores of lakes in Uganda from human activities that will adversely affect the rivers and the lakes. Each district environment committee, with the assistance of local environment committees, shall identify the banks of rivers and the shores of lakes within its jurisdiction which are at risk from environmental degradation or which have other value to the local communities and take necessary measures to minimise the risk or recommend to the authority the need for the protection of those areas. The Minister may, on the advice of the authority , by statutory instrument, declare protected zones along the banks of rivers and the shores of lakes within such limits as it considers necessary to protect those rivers and lakes from deleterious human activities. the size of the river or the lake in determining the area of the protected zone; and the exis...

Section 36

Management of the environment - Restrictions on the use of wetlands

Part VII: Management of the environment

Section Restrictions on the use of wetlands Section No person shall— reclaim or drain any wetland ; erect, construct, place, alter, extend, remove or demolish any structure that is fixed in, on, under or over any wetland ; disturb any wetland by drilling or tunnelling in a manner that has or is likely to have an adverse effect on the wetland ; deposit in, on or under any wetland any substance in a manner that has or is likely to have an adverse effect on the wetland ; destroy, damage or disturb any wetland in a manner that has or is likely to have an adverse effect on any plant or animal or its habitat; introduce or plant any exotic or introduced plant or animal in a wetland , The authority may, in consultation with the lead agency , and upon an application to carry on any activity referred to in subsection (1), make any investigation it considers necessary, including an environmental impact assessment referred to in section 19 to determine the effect of that activity on the wetland and the environment in general. The authority shall, in consultation with the lead agency , and by statutory order, specify the traditional uses of wetlands which shall be exempted from the application...

Section 37

Management of the environment - Management of wetlands

Part VII: Management of the environment

Section Management of wetlands Section The authority shall, in consultation with the lead agency , establish guidelines for the identification and sustainable management of all wetlands in Uganda. The authority shall, with the assistance of the local environment committees, district environment committees and the lead agency , identify wetlands of local, national and international importance as ecosystems and habitats of species of fauna and flora and compile a national register of wetlands. The authority may, in consultation with the lead agency and the district environment committee, declare any wetland to be a protected wetland , thereby excluding or limiting human activities in that wetland .

Section 38

Management of the environment - Identification of hilly and mountainous areas

Part VII: Management of the environment

Section Identification of hilly and mountainous areas Section A hilly or mountainous area is at risk from environmental degradation if— Each district environment committee shall, with the assistance of the local environment committee within the district, identify the hilly and mountainous areas in each district which are at risk from environmental degradation. it is prone to soil erosion; landslides have occurred in such an area; vegetation cover has been removed or is likely to be removed from the area at a rate faster than it is being replaced; or any other land use activity in such an area is likely to lead to environmental degradation. Each district environment committee shall notify the authority of the hilly and mountainous areas it has identified as being at risk from environmental degradation. The authority shall maintain a register of hilly and mountainous areas at risk from environmental degradation.

Section 39

Management of the environment - Reforestation and afforestation of hilltops, hillsides and mountainous areas

Part VII: Management of the environment

Section Reforestation and afforestation of hilltops, hillsides and mountainous areas Section Each district environment committee shall, in its district environment action plan , under section 18 , specify which of the areas identified in accordance with section 38 shall be targeted for afforestation or reforestation. Each local environment committee shall take measures, through encouraging voluntary self-help in the community, to plant trees and other vegetation in any areas specified under subsection (1) which are within the limits of its jurisdiction and not subject to any personal interest in land. Where the areas specified under subsection (1) are subject to leasehold or any other interest in land, including customary tenure, the holder of that interest shall be responsible for taking measures to plant trees and other vegetation in those areas. Where a holder of an interest in land fails to comply with subsection (3), the local environment committee may mobilise the community to ensure compliance.

Section 40

Management of the environment - Other measures for the management of hillsides, hilltops and mountainous areas

Part VII: Management of the environment

Section Other measures for the management of hillsides, hilltops and mountainous areas Section The guidelines issued and measures prescribed by the authority under subsection (1) shall include those relating to— The authority shall, in consultation with the lead agency , issue guidelines and prescribe measures for the sustainable use of hillsides, hilltops and mountainous areas. appropriate farming methods; carrying capacity of the areas described in subsection (1) in relation to animal husbandry; measures to curb soil erosion; disaster preparedness in areas prone to landslides; the protection of areas referred to in subsection (1) from human settlements; the protection of water catchment areas; and any other measures the authority considers necessary. The local environment committees shall be responsible for ensuring that the guidelines issued and measures prescribed under subsection (2) are implemented. A person who contravenes any measure prescribed by the authority under this section or who fails to comply with a lawful direction issued by a local environmental committee under this section commits an offence.

Section 41

Management of the environment - Guidelines for conservation of biological diversity

Part VII: Management of the environment

Section Guidelines for conservation of biological diversity Section The authority may, in issuing guidelines under subsection (1)— The authority shall, in consultation with the lead agency , issue guidelines and prescribe measures for the conservation of biological diversity . specify national strategies, plans and programmes for the conservation and the sustainable use of biological diversity ; integrate the conservation and sustainable utilisation ethic in relation to biological diversity in existing government activities and activities of private persons; identify, prepare and maintain an inventory of biological diversity of Uganda; determine which components of biological diversity are threatened with extinction; identify potential threats to biological diversity and devise measures to remove or investigate their effects.

Section 42

Management of the environment - Conservation of biological resources in situ

Part VII: Management of the environment

Section Conservation of biological resources in situ Section The authority shall, in consultation with the lead agency — the authority shall, in consultation with the lead agency , issue guidelines for— prescribe measures to ensure the conservation of biological resources in situ ; land use methods that are compatible with the conservation of biological diversity ; the selection and management of protected areas so as to promote the conservation of the various terrestrial and aquatic ecosystems of Uganda; the selection and management of buffer zones near protected areas; special measures for protection of species, ecosystems, and habitats faced with extinction; prohibiting or controlling the introduction of alien species; integrating traditional knowledge for the conservation of biological diversity with mainstream scientific knowledge.

Section 43

Management of the environment - Conservation of biological resources ex situ

Part VII: Management of the environment

Section Conservation of biological resources ex situ Section The authority shall, in consultation with the lead agency — issue guidelines for the establishment and operation of— ensure that species threatened with extinction which are conserved ex situ are reintroduced into their native habitats and ecosystems where— prescribe measures for the conservation of biological diversity ex situ , especially for species threatened with extinction; germ plasm banks; botanical gardens; zoos; animal orphanages; any other facilities the authority considers necessary; the threat to the species has been terminated; a viable population of the threatened species has been achieved.

Section 44

Management of the environment - Access to the genetic resources of Uganda

Part VII: Management of the environment

Section Access to the genetic resources of Uganda Section Without prejudice to the general effect of subsection (1), the guidelines and measures issued or prescribed under that subsection shall specify— The authority shall, in consultation with the lead agency , issue guidelines and prescribe measures for the sustainable management and utilisation of the genetic resources of Uganda for the benefit of the people of Uganda. appropriate arrangements for access to the genetic resources of Uganda by noncitizens of Uganda, including the fees to be paid for that access; measures for regulating the export of germ plasm; the sharing of benefits derived from genetic resources originating from Uganda; any other matter which the authority considers necessary for the better management of the genetic resources of Uganda.

Section 45

Management of the environment - Management of forests

Part VII: Management of the environment

Section Management of forests Section The guidelines and measures issued or prescribed under subsection (1) shall take into account— The authority shall, in consultation with the lead agency , issue guidelines and prescribe measures for the management of all forests in Uganda. forests in protected areas, including forest reserves, national parks and game reserves; forests on lands subject to interests held by private persons. All forests shall be managed in accordance with the principle of sustainable development . The commercial exploitation of any forest shall be carried out in accordance with the principle of the optimum sustainable yield as prescribed by section 2 (2)(e). Traditional uses of forests which are indispensable to the local communities and are compatible with the principle of sustainable development shall be protected. Notwithstanding subsections (3), (4) and (5), the authority may, in consultation with the lead agency , expressly exclude human activities in any forest area by declaring a forest area a specially protected forest.

Section 46

Management of the environment - Conservation of energy and planting of trees or woodlots

Part VII: Management of the environment

Section Conservation of energy and planting of trees or woodlots Section The authority shall, in consultation with the lead agency , promote the use of renewable sources of energy by— The authority shall— promoting research in appropriate renewable sources of energy; creating incentives for the promotion of renewable sources of energy in accordance with subsection (2). promote measures for the conservation of nonrenewable sources of energy; take measures to encourage the planting of trees and woodlots by individual land users, institutions and by community groups.

Section 47

Management of the environment - Management of rangelands

Part VII: Management of the environment

Section Management of rangelands Section In issuing the guidelines and prescribing measures under subsection (1), the authority shall be guided by— The authority shall, in consultation with the lead agency , issue guidelines and prescribe measures for the sustainable management and utilisation of rangelands. the carrying capacity of the land; the conservation of the soil ; the risk to desertification faced by any rangelands; any other factor which the authority considers appropriate.

Section 48

Management of the environment - Land use planning

Part VII: Management of the environment

Section Land use planning Section The authority shall, in consultation with the lead agency , issue guidelines and prescribe measures for land use planning at the local, district and national levels. The authority shall, in consultation with the lead agency , be responsible for the preparation of the national land use plan. The district land use plan, which shall be in conformity with the national land use plan, shall be prepared by the district development committee with the assistance of the authority and approved by the district resistance council. The local land use plan, which shall be in conformity with the district and national land use plans, shall be prepared by the local environment committee with the assistance of the district environment officer or such other public officer as may be prescribed . The authority , the district environment committee and the local environment committee shall be responsible for monitoring the implementation of any land use plans prepared in accordance with this section.

Section 49

Management of the environment - Protection of natural heritage sites

Part VII: Management of the environment

Section Protection of natural heritage sites Section The authority shall, with the assistance of local environment committees, district environment committees and the lead agency , identify those elements, objects and sites in the natural environment which are of cultural importance to the various peoples of Uganda. The authority shall, in such manner as may be prescribed , maintain a register of all elements, objects and sites identified under subsection (1). The authority shall, in consultation with the lead agency , issue guidelines and prescribe measures for the management or protection of cultural elements, objects and sites registered under this subsection.

Section 50

Management of the environment - Protection of the ozone layer

Part VII: Management of the environment

Section Protection of the ozone layer Section The authority shall, in consultation with the lead agency , make regulations , issue guidelines and institute programmes concerning— The authority shall, in consultation with the lead agency , undertake national studies and give due recognition to developments in scientific knowledge relating to substances, activities and practices that deplete the stratospheric ozone layer and other components of the stratosphere to the detriment of human health. the elimination of substances that deplete the ozone layer ; management practices and activities likely to lead to the degradation of the ozone layer and the stratosphere; and the reduction and minimisation of risks to human health created by the degradation of the ozone layer and the stratosphere.

Section 51

Management of the environment - Management of dangerous materials and processes

Part VII: Management of the environment

Section Management of dangerous materials and processes Section The authority shall, in consultation with the lead agency , identify materials and processes that are dangerous to human health and the environment . The authority shall, in consultation with the lead agency , issue guidelines and prescribe measures for the management of the materials and processes identified under subsection (1).

Section 52

Management of the environment - Duty to manage and minimise waste

Part VII: Management of the environment

Section Duty to manage and minimise waste Section Every person has the duty to manage any waste generated by his or her activities or the activities of those persons working under his or her direction in such a manner that he or she does not cause ill health to the person or damage to the environment . No person shall dispose of any waste whether generated within or outside Uganda except in accordance with this Act and as may be prescribed . Every person whose activities generate waste shall employ measures for the minimisation of waste through treatment, reclamation and recycling. Any person who contravenes any provision of this section commits an offence.

Section 53

Management of the environment - Management of hazardous waste

Part VII: Management of the environment

Section Management of hazardous waste Section The authority shall, in consultation with the lead agency , adopt standard criteria for the classification of hazardous wastes with regard to determining— extremely hazardous waste ; corrosive waste ; carcinogenic waste ; flammable waste ; persistent waste ; toxic waste ; explosive waste ; radioactive waste ; wastes reactive otherwise than as described in paragraphs (a) to (h); any other category of waste the authority may consider necessary. The authority shall, in consultation with the lead agency , make regulations and issue guidelines for the management of each category of hazardous waste determined under subsection (1). Any person who discharges any hazardous waste determined under subsection (1) without a licence issued by the authority or contrary to any regulations made under subsection (2) or to any conditions specified in the licence commits an offence.