National Environment Act

This section provides definitions of terms used in the Act (for example: "air quality", "ambient air", "environment", "pollutant", "waste", and others).

Jurisdiction: Uganda
Instrument: Act or statute
Citation: Chapter 153
Version: Undated source snapshot
Language: en

Source attribution: Source: Uganda Legal Information Institute

Statute overview

About this statute

This section provides definitions of terms used in the Act (for example: "air quality", "ambient air", "environment", "pollutant", "waste", and others). The authority must ensure that the principles of environment management set out in subsection (2) are observed. 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 The authority must prepare a national environment action plan, which is to be reviewed at least every five years and is subject to Cabinet approval. 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

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Provisions of National Environment Act

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Part I

Interpretation

1
Interpretation - Interpretation

This section provides definitions of terms used in the Act (for example: "air quality", "ambient air", "environment", "pollutant", "waste", and others).

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; “ benefited environment ” means that environment which has benefited through the imposition of one or more obligations on the burdened land ; “ biological diversity ” means the variability among living organisms from all sources, including, inter alia , terrestrial ecosystems and aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems; “ burdened land ” means that land which is in the vicinity of a benefited environment ; “ chemical ” means a chemical substance in any form whether by itself or in a mixture or preparation whether manufactured or derived from nature and for the purposes of this Act includes industrial chemicals, pesticides, fertilisers and drugs; “ developer ” means a person who is developing a project which is subject to an environmental impact assessment process; “ district environment action plan ” means the district environment action plan established under section 18 ; “ effluent ” means waste water or other fluid of domestic agricultural trade or industrial origin, treated or untreated and discharged directly or indirectly into the aquatic environment ; “ element ” in relation to the environment means any of the principal constituent parts of the environment , including water , atmosphere, soil , vegetation, climate, sound, odour, aesthetics, fish and wildlife; “ environment ” means the physical factors of the surroundings of human beings, including land, water , atmosphere, climate, sound, odour, taste, the biological factors of animals and plants and the social factor of aesthetics and includes both the natural and the built environment; “ environmental audit ” means the systematic, documented, periodic and objective evaluation of how well environmental organisation, management and equipment are performing in conserving the environment and its resources; “ environmental education ” includes the process of recognising values and clarifying concepts in order to develop skills and attitudes necessary to understand and appreciate the interrelatedness among a person, his or her culture and his or her biophysical surroundings; “ environmental impact assessment ” means a systematic examination conducted to determine whether or not a project will have any adverse impact on the environment ; “ environmental impact statement ” means the statement described in section 20 ; “ environmental inspector ” means any environmental inspector designated under section 79 ; “ environmental monitoring ” means the continuous determination of actual and potential effects of any activity or phenomenon on the environment , whether short term or long term; “ environmental planning ” means both short-term and long-term planning that takes into account environmental issues; “ environmental resources ” means the resources of the air, land and water , including their aesthetical qualities; “ environmental restoration order ” means an order provided for under section 67 ; “ ex situ ” means conservation outside the natural habitat of the biological organism; “ executive director ” means the executive director of the authority appointed under section 11 ; “ fund ” means the National Environment Fund established under section 88 ; “ genetic resources ” means genetic material of actual or potential value; “ good environmental practice ” means practice that is in accordance with the provisions of this Act and any other law; “ harzadous substance ” means any chemical , waste , gas, medicine, drug, plant, animal or micro-organism which is injurious to human health or the environment ; “ hazardous waste ” means any waste which has been determined by the authority to be a hazardous waste or to belong to any other category of waste provided for in section 53 ; “ in situ ” means conservation within the natural ecosystem and habitat of the biological organism; “ lead agency ” means any Ministry, department, parastatal agency, local government system or public officer in which or in whom any law vests functions of control or management of any segment of the environment ; “ local environmental committee ” means a committee on the environment appointed under section 16 at the municipal, town, division, county and subcounty local government council level or such other lower level of local council as the local government system may determine; “ Minister ” means the Minister to whom the President has assigned responsibility for this Act; “ mixture containing oil ” means a mixture with such oil content as may be specified by the Minister or, if such oil content is not specified, a mixture with an oil content of one hundred parts or more in one million parts of the mixture; “ national environment action plan ” means the plan described in section 17 ; “ noise ” means any undesirable sound that is intrinsically objectionable or that can cause adverse effects on human health or the environment ; “ occupational air quality ” means the concentration prescribed under or pursuant to this Act of a pollutant in the atmosphere within a structure or underground space in which human activities take place; “ occupier ” means a person in occupation or control of premises , and in relation to premises different parts of which are occupied by different persons, means the respective persons in occupation or control of each part; “ oil ” includes — (i) crude oil, diesel oil, fuel oil and lubricating oil; and (ii) any other description of oil which may be prescribed ; “ owner ” in relation to any premises means— (i) the registered proprietor of the premises ; (ii) the lessee, including a sublessee of the premises ; (iii) the agent or trustee of any of the owners described in subparagraphs (i) and (ii) of this interpretation or where such owner as described in subparagraphs (i) and (ii) cannot be traced or has died, his or her legal personal representative; (iv) the person for the time being receiving the rent of the premises whether on his or her own account or as agent or trustee for any other person or as receiver of or who would receive the rent if such premises were let to a tenant, and in relation to any ship means the person registered as the owner of the ship or in the absence of registration, the person owning the ship , except that in the case of a ship owned by any country and operated by a company which in that country is registered as the ship ’s operator, “owner” shall include such country; “ ozone layer ” means the layer of the atmospheric zone above the plenary boundary layer as defined in the Vienna Convention for the Protection of the Ozone Layer, 1985; “ policy committee ” means the policy committee on the environment established under section 7 ; “ pollutant ” includes any substance whether liquid, solid or gaseous which directly or indirectly— (i) alters the quality of any segment or element of the receiving environment so as to affect any beneficial use adversely; or (ii) is hazardous or potentially hazardous to health, and objectionable odours, radioactivity, noise , temperature change or physical, chemical or biological change to any segment or element of the environment ; “ pollution ” means any direct or indirect alteration of the physical, thermal, chemical , biological or radioactive properties of any part of the environment by discharging, emitting or depositing wastes so as to affect any beneficial use adversely, to cause a condition which is hazardous or potentially hazardous to public health, safety or welfare, or to animals, birds, wildlife, fish or aquatic life, or to plants or to cause a contravention of any condition, limitation or restriction which is subject to a licence under this Act; “ pollution licence ” means a pollution licence issued under section 58 ; “ practicable ” means reasonably practicable having regard, among other things, to local conditions and circumstances and to the current state of technical knowledge, and the term “practicable means” includes the provision and the efficient maintenance of plants and the proper use thereof, and the supervision by or on behalf of the occupier of any process or operation; “ premises ” includes messuages, buildings, lands, and hereditaments in every tenure and machinery, plants or vehicles used in connection with any trade carried on at any premise; “ prescribed ” means prescribed by or under this Act or continued in operation by this Act or under regulations , standards and guidelines made pursuant to this Act; “ project ” includes both project and policy that leads to projects with an impact on the environment ; “ project brief ” means a summary statement of the likely environmental effects of a proposed development referred to in section 19 ; “ proprietary information ” means information relating to any manufacturing process, trade secret, trademark, copyright, patent or formula protected by law or by international treaties to which Uganda is a party; “ radiation ” includes ionising radiations and any other radiation likely to have adverse effects on human health and the environment ; “ regulations ” means regulations made under section 107 ; “ segment ” in relation to the environment means any portion or portions of the environment expressed in terms of volume, space, area, quantity, quality or time or any combination thereof; “ ship ” includes every description of vessel or craft or floating structure; “ soil ” includes earth, sand, rock, shales, minerals, vegetation, and the soil flora and fauna in the soil and derivatives thereof such as dust; “ standard ” means the limits of pollution established under Part VI of this Act or under regulations made under this Act or any other law; “ sustainable development ” means development that meets the needs of this generation without compromising the rights of future generations; “ sustainable use ” means present use which does not compromise the right to use the same resource by future generations; “ technical committee ” means a technical committee appointed under section 10 ; “ trade ” means any trade, business or undertaking whether originally carried on at fixed premises or at varying places which results in the discharge of waste and includes any activity prescribed to be a trade, business or undertaking for the purposes of this Act; “ Uganda Revenue Authority ” means the Uganda Revenue Authority established under the Uganda Revenue Authority Act; “ waste ” includes any matter prescribed to be waste and any matter, whether liquid, solid, gaseous or radioactive, which is discharged, emitted or deposited in the environment in such volume, composition or manner as to cause an alteration of the environment ; “ water ” includes drinking water, river, stream, watercourse, reservoir, well, dam, canal, channel, lake, swamp, open drain or underground water; “ wetland ” means areas permanently or seasonally flooded by water where plants and animals have become adopted.

Part II

General principles

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General principles - Principles of environment management

The authority must ensure that the principles of environment management set out in subsection (2) are observed.

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 degradation of natural resources; to establish adequate environmental protection standards and to monitor changes in environmental quality; to publish relevant data on environmental quality and resource use; to require prior environmental assessments of proposed projects which may significantly affect the environment or use of natural resources; to ensure that environmental awareness is treated as an integral part of education at all levels; to ensure that the true and total costs of environmental pollution are borne by the polluter; to promote international cooperation between Uganda and other states in the field of the environment .
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General principles - Right to a decent environment

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

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 not suffer any significant damage. The authority or the local environment committee proceeding under subsection (3) is entitled to bring an action notwithstanding that the person cannot show that the defendant’s act or omission has caused or is likely to cause any personal loss or injury.

Part IV

Environmental planning

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Environmental planning - Environmental planning at the national level

The authority must prepare a national environment action plan, which is to be reviewed at least every five years and is subject to Cabinet approval.

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.
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Environmental planning - Environmental planning at a district level

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

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.

Part IX

Environmental restoration orders and environmental easements

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Environmental restoration orders and environmental easements - Environmental restoration orders

Authority may issue environmental restoration orders that can require persons to restore or compensate for environmental harm, prevent harmful actions, and impose terms; the authority must have regard to principles and explain appeal rights.

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 the cost of any action taken by an authorised person or organisation to restore the environment to the state in which it was before the taking of the action which is the subject of the order. An environmental restoration order may contain such terms and conditions and impose such obligations on the persons on whom it is served as will, in the opinion of the authority , enable the order to achieve all or any of the purposes set out in subsection (1). take such action as will prevent the commencement or continuation of or the cause of pollution ; restore land, including the replacement of soil , the replanting of trees and other flora and the restoration, as far as may be, of outstanding geological, archaeological or historical features of the land or the area contiguous to the land specified in the order; take such action as will prevent the commencement or continuation of or the cause of an environmental hazard; cease to take any action which is causing or may cause or may contribute to causing pollution or an environmental hazard; remove or alleviate any injury to land or the environment or to the amenities of the area; prevent damage to the land or the environment , acquifers beneath the land and flora and fauna in, on, under or about the land specified in the order or land or the environment contiguous to land specified in the order; remove any waste or refuse deposited on land specified in the order; deposit waste in a place specified in the order; pay such compensation as is specified in the order. have regard to the principles as set out in section 2 ; explain the rights of the person, against whom the order is issued, to appeal to the court against that decision.
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Environmental restoration orders and environmental easements - Service of an environmental restoration order

The section allows the authority to serve environmental restoration orders when an activity harms or may harm the environment, sets required contents of such orders, requires persons served to comply, preserves the order even after compliance, and gives the served person a right to appeal.

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 that order. The authority may inspect or cause to be inspected any activity to determine whether that activity is harmful to the environment and may take into account the evidence obtained from that inspection in any decision on whether or not to serve an environmental restoration order . The authority may seek and take into account any technical, professional and scientific advice which it considers to be desirable for a satisfactory decision to be made on an environmental restoration order . An environmental restoration order shall continue to apply to the activity in respect of which it was served notwithstanding that it has been complied with. A person served with an environmental restoration order shall, subject to this Act, comply with all the terms and conditions of the order that has been served on him or her. It shall not be necessary for the authority in exercising its powers under subsection (3) to give any person conducting or involved in the activity the subject of the inspection or residing or working on or developing land on which the activity which the subject of the inspection is taking place, an opportunity of being heard by or making representations to the person conducting the inspection.
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Environmental restoration orders and environmental easements - Reconsideration of an environmental restoration order

A person served with an environmental restoration order may request reconsideration within twenty-one days by giving written reasons; the authority must reconsider within thirty days and must give the requester an oral hearing opportunity and may confirm, vary, suspend or withdraw the order.

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

If a person fails to comply with an environmental restoration order, the authority may enter (or authorise others to enter) the person's land to take necessary action to enforce the order and may recover the expenses incurred as a civil debt.

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

The court may issue an environmental restoration order in proceedings by any person against someone who has harmed, is harming, or is reasonably likely to harm the environment.

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.
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Environmental restoration orders and environmental easements - Environmental easements

The court may grant environmental easements; easements aim to conserve and enhance the benefited environment by imposing obligations on burdened land; applicants must pay compensation if existing rights are restricted.

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 defined path across the burdened land ; preserve the natural contours and features of the burdened land ; prevent or restrict the scope of any activity on the burdened land which has as its object the mining and working of minerals or aggregates; prevent or restrict the scope of any agricultural activity on the burdened land ; create and maintain works on burdened land so as to limit or prevent harm to the environment . Where an environmental easement is imposed on burdened land on which any person has at the time of the imposition of the easement any existing right or interest to use that land and that environmental easement will restrict that right or interest, there shall be paid to that person, by the applicant for the environmental easement, such compensation as may be determined in accordance with section 76 . An environmental easement may exist in gross; that is to say, the validity and enforceability of the easement shall not be dependent on the existence of a plot of land in the vicinity of the burdened land which can be benefited, or of a person with an interest in that plot of land who can be benefited by the environmental easement.
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Environmental restoration orders and environmental easements - Application for an environmental easement

A person or group may apply to the court for an environmental easement; applications must be in the prescribed form and manner; the court may impose conditions to advance the easement's object.

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

Only the person in whose name an environmental easement is registered may commence proceedings to enforce it; such proceedings may request the court to grant an environmental restoration order or other remedies; the court has discretion to adapt easement enforcement procedures as necessary.

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

If an environmental easement is imposed on land other than land with title registered under the Registration of Titles Act, the district environment committee for the area must register the easement in a local register.

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.
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Environmental restoration orders and environmental easements - Compensation for environmental easements

Persons with a legal interest in land subject to an environmental easement are entitled to compensation for the lost value of use; they may apply to the authority for compensation and may appeal the authority's determination to the court.

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.

Part V

Environmental regulation

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Environmental regulation - Project brief and environmental impact assessment

Developers of projects listed in the Third Schedule must submit a project brief; the authority must adopt guidelines; the lead agency may approve environmental aspects or must require an environmental impact study when significant impacts are found; environmental impact assessments must be undertaken by experts approved by the authority; the Minister may amend the Third Schedule on advice of the board.

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 environment , an environmental impact review shall be conducted; where the project is likely to have an impact on the environment , an environmental impact evaluation shall be conducted; or where the project will have a significant impact on the environment , an environmental impact study shall be conducted. Where the lead agency , in consultation with the authority , is satisfied that an environmental impact review or an environmental impact evaluation conducted in accordance with subsection (5)(a) or (b) does not disclose possible significant impact on the environment , it may approve the environmental aspects of the project . Where the lead agency , in consultation with the authority , is satisfied, after considering the environmental impact review or the environmental impact evaluation, that the project will lead to significant impact on the environment , it shall require that an environmental impact study be conducted. their format and contents; the procedure for conducting the assessments; the participation of the public, especially those most affected by the project in the assessment; any other matter the authority considers relevant. The conduct of an environmental impact assessment under this section shall be published in such a manner as may be prescribed .
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Environmental regulation - Environmental impact statement

If a project is determined to require an environmental impact study, the developer must, after completing the study, make an environmental impact statement in the prescribed form and manner; the statement may be inspected by any person at any reasonable hour.

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

The lead agency must study an environmental impact statement it receives and, if complete, deal with it as prescribed; the developer must take all practicable measures during project execution to ensure the statement's requirements are complied with.

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.
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Environmental regulation - Environmental audit

The authority must, in consultation with the lead agency, carry out environmental audits of activities likely to have significant environmental effects; inspectors may enter land to check conformity; owners/operators must keep records, report annually, mitigate unexpected effects and report on mitigation.

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.
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Environmental regulation - Environmental monitoring

The authority must, in consultation with a lead agency, monitor environmental phenomena and the operation of industries, projects or activities to assess impacts; an environmental inspector appointed under section 79 may enter land or premises to monitor effects.

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.

Part VI

Establishment of environmental standards

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Establishment of environmental standards - Air quality standards

The authority must, in consultation with the lead agency, establish various air quality standards and criteria; take measures to reduce pollution including requiring plant redesign or new technology; and make guidelines to minimise greenhouse gas emissions and identify suitable technologies.

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 .
25
Establishment of environmental standards - Water quality standards

The authority must, in consultation with the lead agency, establish minimum water quality standards for different uses.

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 .
26
Establishment of environmental standards - Standards for the discharge of effluent into water

The authority may, after consulting the lead agency, set standards for effluent discharged into Uganda's waters, prescribe treatment measures before sewage discharge, and require plant operators to undertake necessary treatment works.

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 .
27
Establishment of environmental standards - Standards for the control of noxious smells

The authority must, in consultation with the lead agency, establish procedures to measure and determine noxious smells, minimum standards to control pollution by smell, and guidelines to abate obnoxious smells.

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.
28
Establishment of environmental standards - Standards for the control of noise and vibration pollution

The authority must, in consultation with the lead agency, establish measurement criteria and procedures, minimum emission standards, and guidelines for abating unreasonable noise and vibration pollution.

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.
29
Establishment of environmental standards - Standards for subsonic vibrations

The authority must, in consultation with the lead agency, establish measurement criteria, emission standards and minimisation guidelines for subsonic vibrations.

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.
30
Establishment of environmental standards - Soil quality standards

The authority must establish soil quality standards in consultation with the lead agency.

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 .
31
Establishment of environmental standards - Standards for minimisation of radiation

The authority may set standards and issue guidelines to minimise radiation and shall keep a register of imported radioactive substances (in consultation with specified agencies).

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 .
32
Establishment of environmental standards - Other standards

The authority must, in consultation with the lead agency, establish standards for buildings and other structures, industrial products, materials used in industry, agriculture and domestic uses, solid waste disposal, and other matters affecting the environment; and must establish criteria and procedures for determining those 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).

Part VII

Management of the environment

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Management of the environment - Scope of Part VII

The Minister responsible for finance may include other measures, incentives, fees and disincentives in the annual budget proposals under section 93 to be exercised in conjunction with the measures for management of the environment and natural resources under this Part.

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 .
34
Management of the environment - Limits on the use of lakes and rivers

No person may perform listed activities in relation to a river or lake; the authority may waive requirements and must issue management guidelines.

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 with the lead agency , issue guidelines for the management of the environment of lakes and rivers.
35
Management of the environment - Management of river banks and lake shores

The authority must, in consultation with the lead agency, take necessary measures to protect river banks and lake shores from harmful human activities; district environment committees must identify at-risk banks and shores and act or recommend protection; the Minister may declare protected zones; sustainable uses may be permitted except where an EIA is required.

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 existing interests in the land covered by the protected zone. Notwithstanding this section, sustainable uses of the protected zone which do not adversely affect the river or the lake may be permitted by the authority , except that where there is doubt relating to sustainable use , an environmental impact assessment in accordance with section 19 shall be conducted.
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Management of the environment - Restrictions on the use of wetlands

No person must not carry out a list of activities affecting wetlands; the authority may investigate proposed activities and must specify traditional uses exempted from the prohibition.

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 of subsection (1).
37
Management of the environment - Management of wetlands

The authority must set guidelines for identifying and sustainably managing all wetlands; must identify important wetlands and compile a national register with assistance; and may declare wetlands protected, limiting human activities.

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 .
38
Management of the environment - Identification of hilly and mountainous areas

District environment committees must identify hilly and mountainous areas at risk of environmental degradation (with local committee assistance), notify the authority of those areas, and the authority must keep a register of such areas.

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.
39
Management of the environment - Reforestation and afforestation of hilltops, hillsides and mountainous areas

District environment committees must identify areas for afforestation or reforestation in their district environment action plans; local environment committees must encourage tree‑planting within their jurisdiction where not subject to personal land interests; holders of leasehold or other land interests must plant trees on their land; if such holders fail to comply the local environment committee may mobilise the community to ensure compliance.

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.
40
Management of the environment - Other measures for the management of hillsides, hilltops and mountainous areas

The authority must, in consultation with the lead agency, issue guidelines and prescribe measures for the sustainable use of hillsides, hilltops and mountainous areas; local environment committees must ensure those guidelines are implemented; contravening the measures or failing to comply with a lawful direction is an offence.

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.
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Management of the environment - Guidelines for conservation of biological diversity

The authority may, and shall in consultation with the lead agency, issue guidelines and prescribe measures for the conservation of biological diversity and must specify strategies, integrate conservation ethics into government and private activities, maintain an inventory, identify threatened components and potential threats, and devise measures.

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.
42
Management of the environment - Conservation of biological resources in situ

The authority must, in consultation with the lead agency, issue guidelines prescribing measures to conserve biological resources in situ and related land-use, protected area, buffer zone, species protection, alien species control, and traditional knowledge integration measures.

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.
43
Management of the environment - Conservation of biological resources ex situ

The authority must, in consultation with the lead agency, issue guidelines for establishment and operation, prescribe ex situ conservation measures (including germ plasm banks, botanical gardens, zoos and orphanages), and ensure threatened species conserved ex situ are reintroduced into native habitats once threats are ended and viable populations achieved.

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.
44
Management of the environment - Access to the genetic resources of Uganda

The authority must, in consultation with the lead agency, issue guidelines and prescribe measures for sustainably managing and utilising Uganda's genetic resources, including arrangements for access by noncitizens and fees, export controls on germ plasm, benefit-sharing, and other necessary matters.

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.
45
Management of the environment - Management of forests

The authority, in consultation with the lead agency, shall issue guidelines and prescribe measures for management of all forests in Uganda, applying sustainable development and protecting traditional indispensable uses; the authority may declare areas specially protected to exclude human activities.

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.
46
Management of the environment - Conservation of energy and planting of trees or woodlots

The authority must promote renewable energy, support research and incentives for renewables, conserve nonrenewable energy and encourage tree and woodlot planting (in consultation with the lead agency for promotion of renewables).

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.
47
Management of the environment - Management of rangelands

The authority must, in consultation with the lead agency, issue guidelines and prescribe measures for the sustainable management and utilisation of rangelands and must be guided by specified factors.

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.
48
Management of the environment - Land use planning

Assigns roles: the authority must issue guidelines and prepare the national land use plan; district and local bodies must prepare plans conforming to higher-level plans with specified assistance and approvals; specified bodies must monitor implementation.

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.
49
Management of the environment - Protection of natural heritage sites

The authority must identify culturally important natural elements, keep a prescribed register of them, and, in consultation or with assistance from specified bodies, issue guidelines and measures for their management or protection.

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.
50
Management of the environment - Protection of the ozone layer

The authority must, in consultation with the lead agency, make regulations, issue guidelines and institute programmes concerning protection of the ozone layer, and must undertake national studies and recognise scientific developments about substances and activities that deplete the ozone layer.

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.
51
Management of the environment - Management of dangerous materials and processes

The authority must, in consultation with the lead agency, identify dangerous materials and processes and must, in consultation with the lead agency, issue guidelines and prescribe measures for their management.

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).
52
Management of the environment - Duty to manage and minimise waste

Individuals must manage and minimise waste from their activities and must not dispose of waste except as permitted by the Act; contravening the section is an offence.

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.
53
Management of the environment - Management of hazardous waste

The authority must adopt criteria to classify hazardous wastes and must make regulations and guidelines for managing each category; discharging such waste without a licence or contrary to regulations or licence conditions is an offence.

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.
54
Management of the environment - Illegal traffic in waste

Imports of hazardous waste into Uganda are prohibited; imports of other non‑determined waste are prohibited unless licensed; contraventions and tampering with information are offences; importers in breach must remove and dispose of the waste.

Section Illegal traffic in waste Section No person shall import into Uganda any hazardous waste falling under any category determined under section 53 . No person shall import into Uganda any waste not determined under section 53 , except under a licence issued by the authority. Any person who contravenes this section commits an offence. A person who imports any hazardous waste or any other waste into the territory of Uganda contrary to subsection (1) or (2) shall be responsible for removal of the waste from Uganda and for its disposal. A person who withholds, falsifies or otherwise tampers with information relating to illegal traffic in hazardous or other waste commits an offence.
55
Management of the environment - Guidelines for management of toxic and hazardous chemicals and materials

The authority must, in consultation with the lead agency, establish classification criteria and issue guidelines and measures for managing toxic and hazardous chemicals and materials, and those guidelines must cover a specified list of topics.

Section Guidelines for management of toxic and hazardous chemicals and materials Section The guidelines issued and the measures prescribed by the authority under subsection (2) shall include guidelines and measures on— The authority shall, in consultation with the lead agency , establish criteria for the classification of toxic and hazardous chemicals and materials in accordance with their toxicity and the hazards they present to human health and to the environment . The authority shall, in consultation with the lead agency , on the basis of the criteria established under subsection (1), issue guidelines and prescribe measures for the management of toxic and hazardous chemicals and materials. registration of chemicals and materials; labelling of chemicals and materials; packaging for chemicals and materials; advertising of chemicals and materials; control of imports and exports of toxic and hazardous chemicals and materials; distribution, storage, transportation and handling of chemicals and materials; monitoring of the effect of chemicals and their residue on human health and the environment ; disposal of expired and surplus chemicals and materials; restricting and banning of extremely toxic and hazardous chemicals and materials.
56
Management of the environment - Prohibition of discharge of hazardous substances, chemicals, oil, etc. into the environment and spiller’s liability

No person shall discharge hazardous substances, chemicals, oil or mixtures containing oil into waters or other parts of the environment except according to guidelines prescribed by the authority; owners/operators must mitigate and notify, and the authority may seize or dispose of facilities if mitigation is not done; discharge contrary to the rule is an offence and, upon conviction, the discharger must pay removal and restoration costs.

Section Prohibition of discharge of hazardous substances, chemicals, oil, etc. into the environment and spiller’s liability Section Upon conviction, the person discharging a hazardous substance, chemical , oil or a mixture containing oil into the environment may, in addition to any other sentence imposed by the court— The owner or operator of a production or storage facility, motor vehicle or vessel from which a discharge occurs contrary to this section shall mitigate the impact of the discharge by— No person shall discharge any hazardous substance, chemical , oil or mixture containing oil in any waters or any other segment of the environment except in accordance with guidelines prescribed by the authority in consultation with the lead agency . A person who discharges a hazardous substance, chemical , oil or a mixture containing oil into any waters or other segment of the environment contrary to subsection (1) commits an offence. pay the cost of the removal, including any costs which may be incurred by any Government agency or organ in the restoration of the environment damaged or destroyed as a result of the discharge; and the costs of the third parties in the form of reparation, restoration, restitution or compensation as may, from time to time, be determined by the authority . giving immediate notice of the discharge to the authority and other Government officers; immediately beginning cleanup operations using the best available cleanup methods; complying with such directions as the authority may, from time to time, prescribe. Until the owner or operator of a production or storage facility, motor vehicle or vessel has taken the mitigation measures prescribed in subsection (4), the authority may seize the production facility, motor vehicle or vessel. Where the owner or operator fails to take the necessary measures under subsection (4) after the passage of a reasonable time in all the circumstances, the authority may, upon an order of court, dispose of the production or storage facility, motor vehicle or vessel to meet the costs of taking the necessary measures under subsection (4) and other remedial and restoration measures. The court in convicting a person of an offence under this section shall take into account the measures taken by that person to comply with subsection (4).

Part VIII

Control of pollution

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Control of pollution - Prohibition of pollution contrary to established standards

No person must not pollute the environment contrary to standards or guidelines under Parts VI and VII; however, a person may exceed those standards if authorised by a pollution licence under section 60.

Section Prohibition of pollution contrary to established standards Section No person shall pollute or lead any other person to pollute the environment contrary to any of the standards or guidelines prescribed or issued under Parts VI and VII of this Act. Notwithstanding subsection (1), a person may exceed the standards and guidelines referred to in subsection (1) if authorised by a pollution licence issued under section 60 .
58
Control of pollution - Pollution licences

A technical committee is established to consider and issue pollution licences (chaired by the executive director). No person may carry out activities likely to pollute beyond prescribed standards except under and in accordance with a pollution licence; the committee must not issue a licence unless satisfied the licensee can compensate victims and clean the environment in line with the “polluter pays principle”.

Section Pollution licences Section The functions of the committee are— The technical committee on the licensing of pollution appointed under section 10 shall be composed of such persons as the authority may determine. The executive director shall be the chairperson of the committee. to consider applications for pollution licences; to issue pollution licences; to perform any other functions assigned to it by the authority . No person shall carry out any activity which is likely to pollute the air, the water or the land in excess of any standards or guidelines prescribed or issued under this Act except under and in accordance with a pollution licence . For the avoidance of doubt, subsection (4) applies to any activity described in that subsection whether commenced before or after the coming into force of this Act. The committee shall not issue a pollution licence unless it is satisfied that the licensee is capable of compensating the victims of the pollution and of cleaning the environment in accordance with the “polluter pays principle” as provided for under section 2 (2)(k).
59
Control of pollution - Application for a pollution licence

Applications for a pollution licence must be made to the committee in the prescribed form and manner; every application must be accompanied by the prescribed fee; proprietary information submitted to the committee will be treated as confidential.

Section Application for a pollution licence Section An application for a pollution licence to carry on an activity which pollutes the land, the water or the air in excess of the standards or guidelines prescribed or issued under this Act shall be made to the committee in the prescribed form and in the prescribed manner. Every application shall be accompanied by the prescribed fee. Any proprietary information submitted to the committee shall be treated as confidential.
60
Control of pollution - Consideration of the application by the committee

The committee may, before granting or rejecting a pollution licence application, notify affected persons, consider representations and departments' views, require an environmental impact study when necessary, and request further applicant information; if it rejects an application it must state its reasons in writing.

Section Consideration of the application by the committee Section Upon receiving the application, the committee shall— The committee may, before granting or rejecting an application under subsection (1)— within sixty days, notify persons who may be affected by the proposed activity of the applicant and invite them to make representations; consider representations made by relevant Government departments; consider the application having regard to all the representations received by the committee; grant or reject the application. require that an environmental impact study be conducted in accordance with Part V of this Act if, having regard to the nature of the activity requested and the pollution likely to result from that activity, it considers it necessary so to do; request the applicant to furnish further information relating to the plant location, materials or technology design. Where the committee rejects an application for a pollution licence , it shall state in writing its reasons for doing so.
61
Control of pollution - Conditions in a pollution licence

A pollution licence must be in the prescribed form; it may contain prescribed or specified conditions; it remains valid for periods prescribed and may be renewed for further prescribed periods.

Section Conditions in a pollution licence Section A pollution licence issued under this Act shall be in the prescribed form and be subject to such conditions as may be prescribed or as may be specified in the licence. A pollution licence issued under this Act shall remain valid for such period and may be renewed for such further periods as may be prescribed .
62
Control of pollution - Fees for a licence

Licensees must pay the prescribed fee to the authority on issue or renewal of a pollution licence; the fee is determined under the "polluter pays principle."

Section Fees for a licence Section The fee to be charged under subsection (1) shall be determined in accordance with the “polluter pays principle” referred to in section 2 (2)(k) and accordingly— For every issue or renewal of a pollution licence under section 60 or 61 , the licensee shall pay to the authority the prescribed fee. the person contributing the greater amount of pollution shall bear the largest burden in paying for cleaning the environment ; the fee shall be used to promote behaviour that conserves the environment by charging smaller fees for activities that reduce pollution .
63
Control of pollution - Renewal of a pollution licence

Licensees may apply to renew pollution licences; the committee must consider renewal applications within three months and must take into account specified factors.

Section Renewal of a pollution licence Section The committee may— In making a decision under subsection (3), the committee shall take into account the following— A licensee may apply to the committee for the renewal of his or her pollution licence in the prescribed form and in the prescribed manner. The committee shall consider each application for renewal of a licence within three months. grant the pollution licence ; reject the application; request further information. whether the applicant has observed the conditions established in the previous licence; whether the applicant has taken measures to abate the pollution ; the effect of the pollution in the area where it is discharged or emitted; any other matter that the committee considers to be reasonably relevant.
64
Control of pollution - Cancellation of a pollution licence

The committee may, in writing, cancel any pollution licence where specified conditions apply.

Section Cancellation of a pollution licence Section The committee may, in writing, cancel any pollution licence — if the holder of the licence contravenes any provision of this Act or of any statutory instrument made under it; if the holder fails to comply with any condition specified in the licence; if the committee considers it in the interest of the environment or in the public interest so to do.
65
Control of pollution - Register of a pollution licence

The authority must maintain a register of all pollution licences; the register may be inspected by any person on payment of the prescribed fee.

Section Register of a pollution licence Section The authority shall maintain a register of all pollution licences issued under this Act in accordance with guidelines issued by the committee. The register shall be a public document and may be inspected at any reasonable hour by any person on the payment of the prescribed fee.
66
Control of pollution - Disaster preparedness

Requires the authority and specified bodies to prepare disaster preparedness guidelines and plans, and makes certain parties liable to compensate victims for negligent acts causing disasters.

Section Disaster preparedness Section In preparing guidelines under subsection (1), the authority shall consult the following— A specific disaster preparedness plan shall be prepared by— The authority shall prepare guidelines or plans for coordinating national responses to environmental disasters. the lead agencies; the Uganda Peoples’ Defence Forces; the Uganda Police Force; the Fire Brigade Service; organisations providing health care, whether nongovernmental or governmental; any other organisation the authority considers necessary. District environment committees and local environment committees shall prepare plans for responses to local environmental disasters with specific reference to known possible disasters within their area of jurisdiction. each employer whose activities are likely to have a significant impact on the environment ; each educational institution; each hotel or recreational facility; and each hospital. A plan prepared under subsection (4) shall take into account the kind of risks faced by the employer or institution preparing it. Any person who negligently carries out any activity that leads to a disaster has a duty to compensate any person adversely affected by the disaster.

Part X

Records, inspection and analysis

77
Records, inspection and analysis - Recordkeeping

Persons conducting environmentally significant activities and activities prescribed by the authority must keep specified records and must make those records available on request to certain environmental bodies.

Section Recordkeeping Section Any person who carries on any activity which has or is likely to have a significant impact on the environment and any person carrying out any other activity prescribed by the authority shall keep records relating to— the amount of waste and by-products generated by the activity; the extent of his or her activities, indicating the economic value of the activity on the area covered, expressed in the monetary value of the product per year; the observable effects of the activity on the environment ; how far in the opinion of that person the provisions of this Act have been complied with. The records kept under subsection (1) shall be made available to an environmental inspector appointed under this Act, the district environment committee, the board or the policy committee upon request.
78
Records, inspection and analysis - Transmission of records to the authority

The authority must keep all records transmitted under subsection (1).

Section Transmission of records to the authority Section The records kept under section 77 shall be transmitted to the authority or its designated representative annually to be received not later than one month after the end of each calendar year. The authority shall keep all the records transmitted under subsection (1). The records transmitted to the authority shall be used as a basis for the preparation of the state of the environment report required by section 86 .
79
Records, inspection and analysis - Designation of environmental inspectors

The authority may, by Gazette notification, designate qualified public officers as environmental inspectors within specified local limits.

Section Designation of environmental inspectors Section The authority may, by notification in the Gazette , designate as many officers as it deems fit from duly qualified public officers, whether by name or by title of office, to be environmental inspectors within such local limits as may be specified in the notification.
80
Records, inspection and analysis - Powers and duties of environmental inspectors

An environmental inspector may enter premises, inspect and copy documents, take samples, carry out inspections, seize items, close polluting plants for up to three weeks, issue improvement notices, cause arrests, and install monitoring equipment; when exercising powers under this section the inspector must suitably identify himself or herself.

Section Powers and duties of environmental inspectors Section An environmental inspector may, in the performance of his or her duties under this Act or any regulations made thereunder, at all reasonable times and without warrant— enter on any land, premises or vehicle to determine whether the provisions of this Act are being complied with; require the production of, inspect, examine and copy licences, registers, records and other documents relating to this Act or any other Act relating to the environment and the management of natural resources; make examinations and inquiries to discover whether this Act is complied with; take samples of any article or substance to which this Act relates and, as may be prescribed , submit the samples for tests and analyses; carry out periodic inspections of all establishments within the local limits of his or her jurisdiction which manufacture, produce as by-products, import, export, store, sell, distribute or use any substances that are likely to have a significant impact on the environment , to ensure that the provisions of this Act are complied with; carry out such other inspections as may be necessary to ensure that the provisions of this Act are complied with; seize any plant, equipment, substance or any other thing which he or she believes has been used in the commission of an offence against this Act or the regulations made thereunder; close any manufacturing plant or other activity which pollutes or is likely to pollute the environment contrary to this Act for a period of not more than three weeks; issue an improvement notice requiring the operator of any manufacturing plant or other activity to cease any activities deleterious to the environment which are contrary to this Act; cause a police officer to arrest any person whom he or she believes has committed an offence under this Act. An environmental inspector may, at any time, install any equipment on any land, premise or vehicle for the purpose of monitoring compliance with this Act. Where an environmental inspector exercises the power to close a manufacturing plant or to order the discontinuation of any activity under subsection (1)(h), he or she may issue an improvement notice under subsection (1)(i). In exercising his or her powers under this section, the environmental inspector shall suitably identify himself or herself.
81
Records, inspection and analysis - Procedure for taking samples for analysis

The authority must, on the advice of the lead agency, prescribe the form and manner for taking samples for analysis.

Section Procedure for taking samples for analysis Section The authority shall, on the advice of the lead agency , prescribe the form and manner in which samples will be taken for analysis .
82
Records, inspection and analysis - Designation of analytical laboratories and reference laboratories

The authority may, by notice in the Gazette, designate laboratories as analytical and reference laboratories.

Section Designation of analytical laboratories and reference laboratories Section The authority may, by notice in the Gazette , designate as many laboratories as it deems necessary and fit to be analytical laboratories and reference laboratories for the purposes of this Act. A notice under subsection (1) shall specify the specific functions of the laboratory and the local limits or subject matter which each laboratory shall serve.
83
Records, inspection and analysis - Designation of analysts and reference analysts

The authority may, by notice in the Gazette, designate persons to serve as analysts and reference analysts for the purposes of this Act.

Section Designation of analysts and reference analysts Section The authority may, by notice in the Gazette , designate as many persons as deemed necessary and fit to serve as analysts and reference analysts for the purposes of this Act. A notice under subsection (1) shall specify the specific functions, the subject matter and the local limits within which each analyst or reference analyst shall serve.
84
Records, inspection and analysis - Certificate of analysis and its effect

Designated analytical or reference laboratories must issue a certificate of analysis for substances submitted, the certificate must state the methods and be signed, and such a compliant certificate is sufficient evidence of the facts stated for all purposes.

Section Certificate of analysis and its effect Section A laboratory designated as an analytical or reference laboratory under section 82 shall issue a certificate of analysis of any substance submitted to it under this Act. The certificate of analysis shall state the methods of analysis followed and shall be signed by the analyst or the reference analyst , as the case may be. A certificate complying with subsections (1) and (2) shall be sufficient evidence of the facts stated in the certificate for all purposes.

Part XI

Information, education and public awareness

85
Information, education and public awareness - Freedom of access to environmental information

Every person has the right to access information about implementing this Act that has been submitted to the authority or a lead agency; a person seeking information must apply to the authority or a lead agency; access does not extend to proprietary information treated as confidential.

Section Freedom of access to environmental information Section Every person shall have freedom of access to any information relating to the implementation of this Act submitted to the authority or to a lead agency . A person desiring the information shall apply to the authority or a lead agency and may be granted access on payment of a prescribed fee. Freedom of access to environmental information does not extend to proprietary information which shall be treated as confidential by the authority and any lead agency .
86
Information, education and public awareness - Gathering, analysis and management of environmental information

The authority must gather, access, analyse, disseminate and coordinate environmental information, publish a state of the environment report every two years, and may publish other educational publications.

Section Gathering, analysis and management of environmental information Section The authority shall— gather information on the environment and natural resources on existing data; subject to any other law, have access to any data collection on the environment and natural resources; analyse information; disseminate information to public and private users; carry out public information and education campaigns in the field of environment ; exchange information with other Ugandan, foreign, international and nongovernmental agencies; coordinate the management of environment information in the lead agencies; advise the Government on existing information gaps and needs; in consultation with the lead agencies, establish guidelines and principles for the gathering, processing and dissemination of environment information; liaise with the district environment committees and district environment officers regarding environmental information. The authority shall publish a state of the environment report every two years. The state of the environment report shall, in addition to other matters as may be prescribed , specify the main activities of the authority and the lead agencies regarding the protection of the environment . The authority may publish such other publications as it considers necessary for public education on the environment and other environmental issues.
87
Information, education and public awareness - Integration of environmental education into the school curriculum

The authority must, in collaboration with the Minister responsible for education, take all measures necessary to integrate environmental education into the school curriculum.

Section Integration of environmental education into the school curriculum Section The authority shall, in collaboration with the Minister responsible for education, take all measures necessary for the integration into the school curriculum of education on the environment .

Part XII

Financial provisions

88
Financial provisions - Fund of the authority

Establishes the National Environment Fund and lists its sources.

Section Fund of the authority Section The sources of the fund shall consist of— There is established the National Environment Fund. disbursements from the Government; all fees charged under this Act; any fees prescribed for any service offered by the authority ; any fines collected as a result of the breach of the provisions of this Act or any statutory instrument made under this Act; gifts, donations and other voluntary contributions to the fund made from any source.
89
Financial provisions - Administration of the fund

The board is responsible for administering the fund; the board may fund government departments on the executive director's advice; the fund may borrow money subject to policy committee limitations; the authority may hold bank accounts in Ugandan or foreign currency.

Section Administration of the fund Section The board shall be responsible for the administration of the fund . The board may, on the advice of the executive director , provide funding for any Government department involved in the field of environmental conservation and natural resources management. Subject to any limitations that may be imposed by the policy committee , the fund may borrow money for the implementation of the objects of this Act. The authority may maintain its own bank accounts in Ugandan currency or in any foreign currency.
90
Financial provisions - Duty to operate on sound financial principles

The board must perform its functions according to sound financial principles, must endeavour to ensure revenue is sufficient to meet properly charged expenditure, and may invest money from the fund in conformity with good commercial practice.

Section Duty to operate on sound financial principles Section The board shall perform its functions in accordance with sound financial principles and shall ensure, as far as possible, that its revenue is sufficient to meet expenditure properly charged to revenue. The board may invest money from the fund in conformity with good commercial practice.
91
Financial provisions - Estimates

The executive director must prepare and submit annual estimates of income and expenditure to the board not later than three months before the end of each financial year; the executive director may also submit supplementary estimates before the end of a financial year.

Section Estimates Section The executive director shall, not later than three months before the end of each financial year, prepare and submit to the board for its approval, estimates of income and expenditure of the authority for the next ensuing year and may, at any time before the end of a financial year, prepare and submit to the board for approval, any estimates supplementary to the estimates of a current year. No expenditure shall be made out of the funds of the authority unless that expenditure is part of the expenditure approved by the board under the estimates for the financial year in which the expenditure is to be made or in the estimates supplementary to it.
92
Financial provisions - Accounts, audits and annual report

The executive director must submit an annual report within thirty days after the end of each financial year and keep proper accounts; the Auditor General must audit the accounts and submit an opinion within two months; and the Minister must lay copies of the report and opinion before Parliament within thirty days of receipt.

Section Accounts, audits and annual report Section The executive director shall, within thirty days after the end of each financial year, submit— to the board an annual report in respect of that financial year containing— to the Auditor General— The executive director shall keep proper accounts and records of all transactions and affairs of the fund and shall ensure that all monies received are properly brought to account, all payments out of its monies are correctly made and properly authorised and that adequate control is maintained over its assets and liabilities. The annual accounts of the fund shall be audited by the Auditor General or an auditor appointed by him or her. such financial statements as the board may require; a report on the operations of the fund ; and such other information as the board may direct in writing; the accounts of the fund for the financial year; and the annual report referred to in paragraph (a). The Auditor General shall audit the accounts of the authority and, within two months after the receipt by him or her of the accounts and annual report, submit his or her opinion on them to the board. The Minister shall cause copies of each annual report, together with a copy of the opinion of the Auditor General, to be laid before Parliament within thirty days after he or she has received them.
93
Financial provisions - Minister’s powers in relation to taxation

The Minister responsible for finance may, on the advice of the board and the policy committee and notwithstanding the Income Tax Act, include in the annual budget tax incentives, user fees, and tax disincentives related to environmental behaviour.

Section Minister’s powers in relation to taxation Section Notwithstanding the Income Tax Act, the Minister responsible for finance may, on the advice of the board and the policy committee , include in the annual budget— tax incentives to encourage good environmental behaviour, including the conservation of natural resources and the prevention or abatement of pollution ; user fees to ensure that those who use environmental resources pay the proper value for the utilisation of the resources; and tax disincentives to deter bad environmental behaviour that leads to depletion of environmental resources or that causes pollution .
94
Financial provisions - Refundable performance deposit bonds

Requires the authority to register high-risk activities and allows the Minister to require refundable deposit bonds from identified activities; deposits are refundable to operators if they observe good environmental practice, while the authority may confiscate deposits or cancel licences for breaches.

Section Refundable performance deposit bonds Section The authority shall identify and create a register for those activities and industrial plants which have or are most likely to have significant adverse effects on the environment when operated in a manner that is not in conformity with good environmental practice . The Minister responsible for finance may, on the advice of the board and the policy committee , prescribe that activities and industrial plants identified under subsection (1) pay such deposit bonds as he or she may determine, to act as security for good environmental practice . The deposit bond determined in accordance with subsection (2) is refundable to the operator of the activity or industrial plant, after such duration as the Minister may determine where the operator has observed good environmental practice to the satisfaction of the authority . The authority may, after giving the operator an opportunity to be heard, confiscate the deposit bond if the authority is satisfied that the operator is responsible for environmental practice that is in breach of the provisions of this Act, and the authority may cancel a pollution licence issued under this Act if it is satisfied that the operator has become a habitual offender. Where the operator is not satisfied with the confiscation of the deposit bond or cancellation of a pollution licence under this section, he or she may appeal to the court. A refundable deposit bond levied under this section shall be paid into the fund and shall be treated as part of the fund until refunded to the depositor. Any interest accruing from monies deposited as part of the refundable deposit bond and invested in accordance with section 90 (2) shall be for the benefit of the fund. In refunding the deposit under this section, the authority may take into account inflation and any other factors that may affect the value of the deposit to the benefit of the depositor.

Part XIII

Offences and penalties

100
Offences and penalties - Offences relating to pollution

Creates offences: any person who pollutes the environment contrary to a pollution licence condition under section 61, or discharges a pollutant contrary to Part VIII of the Act.

Section Offences relating to pollution Section Any person who— pollutes the environment contrary to a condition contained in any pollution licence under section 61 ; or discharges any pollutant into the environment contrary to Part VIII of this Act,
101
Offences and penalties - Offences relating to restoration orders and easements

It is an offence for any person to fail or refuse to comply with an environmental restoration order made under section 67 or to fail to comply with an environmental easement issued under section 72.

Section Offences relating to restoration orders and easements Section Any person who— fails or refuses to comply with an environmental restoration order made under section 67 ; or fails to comply with an environmental easement issued under section 72 ,
102
Offences and penalties - General penalty

Anyone who commits an offence under this Act or a statutory instrument made under it (where no other penalty is specified) is, on conviction, liable to at least three months' imprisonment or a fine between 30,000 and 3,000,000 shillings, or both.

Section General penalty Section Any person who commits an offence against any provision of this Act or of a statutory instrument made thereunder for which no other penalty is specifically provided is liable on conviction to imprisonment for a term of not less than three months or to a fine of not less than thirty thousand shillings and not more than three million shillings or to both.
95
Offences and penalties - Penalties relating to environmental inspectors

Any person who obstructs, misleads, impersonates, refuses entry or access, fails to comply with lawful orders, gives false details to, or fails to carry out an improvement order of an environmental inspector commits an offence and is liable on conviction to at least twelve months' imprisonment or a fine between 120,000 and 12,000,000 shillings, or both.

Section Penalties relating to environmental inspectors Section Any person who— hinders or obstructs an environmental inspector in the execution of his or her duties under this Act; fails to comply with a lawful order or requirement made by an environmental inspector in accordance with this Act; refuses an environmental inspector entry upon any land or into any premises which he or she is empowered to enter by this Act; impersonates an environmental inspector ; refuses an environmental inspector access to records kept in accordance with this Act; fails to state or wrongly states his or her name or address to an environmental inspector in the course of his or her duties under this Act; misleads or gives wrongful information to an environmental inspector under this Act; or fails to carry out an improvement order issued by an environmental inspector under this Act, commits an offence and is liable on conviction to imprisonment for a term of not less than twelve months or to a fine of not less than one hundred and twenty thousand shillings and not more than twelve million shillings or to both.
96
Offences and penalties - Offences relating to impact assessment

Any person must not fail to submit a project brief or fail to prepare an environmental impact assessment contrary to section 19, nor fraudulently make a false statement in an environmental impact statement submitted under section 20.

Section Offences relating to impact assessment Section Any person who— fails to submit a project brief contrary to section 19 ; fails to prepare an environmental impact assessment contrary to section 19 ; or fraudulently makes a false statement in an environmental impact statement submitted under section 20 ,
97
Offences and penalties - Offences relating to records

Any person must not fail to keep records of activities, products, by-products and wastes required by the Act, and must not fraudulently alter any record required by the Act.

Section Offences relating to records Section Any person who— fails to keep records of the activities, products, by-products and wastes required to be kept by this Act; or fraudulently alters any record required by this Act,
98
Offences and penalties - Offences relating to environmental standards and guidelines

Any person who contravenes an environmental standard prescribed in Part VI, contravenes a measure prescribed under this Act, or uses natural resources in a wasteful manner contrary to measures prescribed under Part VII commits an offence.

Section Offences relating to environmental standards and guidelines Section Any person who— contravenes any environmental standard prescribed in Part VI of this Act; contravenes a measure prescribed under this Act; or uses natural resources in a wasteful manner contrary to measures prescribed under Part VII of this Act,
99
Offences and penalties - Offences relating to hazardous waste, materials, chemicals and radioactive substances

Any person who commits listed acts relating to hazardous waste, chemicals or radioactive substances (including improper management, improper import, disposal contrary to the Act, mislabeling, withholding information, or aiding illegal traffic) is implicated by this provision.

Section Offences relating to hazardous waste, materials, chemicals and radioactive substances Section Any person who— fails to manage any hazardous waste in accordance with sections 52 and 53 ; imports any hazardous waste contrary to section 54 (1); imports waste which has not been determined as hazardous waste without a permit contrary to section 54 (2); fails to manage any chemical in accordance with section 55 ; fails to manage any radioactive substance in accordance with section 31 ; disposes of any chemical or hazardous waste contrary to this Act; knowingly mislabels any waste , chemical or radioactive substance; withholds information about the management of wastes, chemicals or radioactive substances; or aids or abets the illegal traffic in wastes, chemicals or radioactive substances,

Part XIV

Judicial proceedings

103
Judicial proceedings - Immunity of officials

Officials (policy committee, executive director, board, inspector, analyst or other official) are exempt from suits, prosecutions or other legal proceedings in their personal capacity for actions done in good faith under this Act or related instruments.

Section Immunity of officials Section No suit, prosecution or other legal proceeding may be brought against the policy committee , the executive director , the board, an inspector, an analyst or other official in their personal capacity for anything done in good faith under this Act or statutory instruments, guidelines and standards made thereunder.
104
Judicial proceedings - Appeal from a decision of the authority

Decisions by the authority (or its organs) are generally not to be questioned by any court, though the High Court retains supervisory jurisdiction.

Section Appeal from a decision of the authority Section Unless otherwise expressly provided in this Act— where this Act empowers the authority or any of its organs to make a decision, the decision may be subject to appeal within the structure of the authority in accordance with such administrative procedures as may be established for the purpose, and the decision shall not be called into question by any court; nothing provided for in this section impairs the High Court in the exercise of its supervisory jurisdiction.
105
Judicial proceedings - Forfeiture, cancellation, community service and other orders

The court may, on conviction or if satisfied an offence was committed, order forfeiture, require disposal costs to be borne by the accused, cancel licences/permits, require community service for environmental improvement, and issue environmental restoration orders.

Section Forfeiture, cancellation, community service and other orders Section The court before which a person is prosecuted for an offence against this Act or any statutory instrument made thereunder may, in addition to any other order— upon the conviction of the accused; or if it is satisfied that an offence was committed notwithstanding that no person has been convicted of the offence, In making an order under subsection (1), the court may also order that the cost of disposing of the substance, equipment and appliance referred to in that subsection be borne by the accused. The court may further order that any licence, permit or other authorisation given under this Act and to which the offence relates be cancelled. The court may, in addition to any fine it may impose upon an accused person, require him or her to do community work which promotes the protection or improvement of the environment . The court may also issue an environmental restoration order against the accused in accordance with Part IX of this Act.

Part XV

International obligations

106
International obligations - Conventions and treaties on the environment

The Minister may, by statutory order and with Parliament's approval, set out or give force of law to environmental conventions or treaties, amend enactments (other than the Constitution) to implement them, and make other necessary provisions; the Minister may also make provision for penalties, fees or charges under such orders.

Section Conventions and treaties on the environment Section Where Uganda is a party to any convention or treaty concerning the environment , after the convention or treaty has been ratified under article 123 of the Constitution where such ratification is required, the Minister may, by statutory order, with the approval of Parliament by resolution— set out the provisions of the convention or treaty; give the force of law in Uganda to the convention or treaty or any part of the convention or treaty required to be given the force of law in Uganda; amend any enactment other than the Constitution for the purpose of giving effect to the convention or the treaty; make such other provision as may be necessary for giving effect to the convention or treaty in Uganda or for enabling Uganda to perform its obligations or exercise its rights under the convention or treaty. This section applies to any convention or treaty whether adopted before or after the coming into force of this Act and whether Uganda became a party to it before or after the coming into force of this Act. Without prejudice to the general effect of subsections (1) and (2), a statutory order under this section may make provision for the imposition of penalties not exceeding such fine or imprisonment or both as may be prescribed by the Minister and may prescribe the payment of such fees or charges as the Minister thinks necessary in respect of any service or other thing to be done or given under the order. The provisions of any convention or treaty set out in any order made under this section shall be evidence of the contents of the convention or treaty in any proceedings or matter in which the provisions of the convention or treaty came into question.

Part XVI

Miscellaneous provisions

107
Miscellaneous provisions - Power to make regulations

The Minister may make regulations (on recommendation) to prescribe matters required or permitted by the Act and may adopt or modify rules and administrative procedures prescribed by lead agencies.

Section Power to make regulations Section The Minister may, on the recommendation of any Minister , the policy committee or the board, make regulations prescribing all matters that are required or permitted by this Act to be prescribed , or are necessary or convenient to be prescribed , for giving full effect to the provisions of this Act. Regulations made under subsection (1) may adopt wholly or in part or with modifications any rules, standards, guidelines, regulations , byelaws, codes, instructions, specifications or administrative procedures prescribed by any lead agency either as in force at the time of prescription or publication or as amended, from time to time, thereafter.
108
Miscellaneous provisions - Existing laws

Laws existing before this Act that relate to the environment continue to have effect but must be modified as necessary to give effect to this Act; where they conflict, this Act's provisions prevail.

Section Existing laws Section Any law existing immediately before the coming into force of this Act relating to the environment shall have effect subject to such modifications as may be necessary to give effect to this Act; and where any such law conflicts with this Act, the provisions of this Act shall prevail.

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