Environmental Management (Amendment) Act, 2023

This amendment adds a new paragraph saying low carbon emissions, resource efficiency, and social inclusiveness must be integrated into development programmes.

This section amends section 9(2) of the principal Act by replacing paragraph (h), adding new paragraphs on green economy planning, climate change action, greenhouse gas inventory, and benefit sharing, and renumbering paragraph (p) as paragraph (s).

This provision amends section 11 of the principal Act to change who makes up the Board of the Agency and who appoints its part-time members.

This provision amends the principal Act by inserting a new section titled “Delegation of functions” immediately after section 12.

The Board may delegate any of its functions under the Act to the Director-General, but only by written direction and on conditions the Board considers necessary.

The Director-General may delegate functions in writing, except those under section 12A. The Board must appoint the Secretary and other necessary staff. The Emoluments Commission must set emoluments on the Board’s recommendation, and the Board must set other service conditions.

This amendment creates an offence for a person who contravenes subsection (1), with a penalty of up to 700,000 penalty units, up to 7 years’ imprisonment, or both. It also says the Agency must not grant project approval in specified adverse-effect or legal-contravention situations, and changes a word in subsection (5) from “fourteen” to “thirty”.

The principal Act is amended by adding new sections immediately after section 29.

A person must not prepare an environmental assessment report unless registered with the Agency as an environmental assessment expert.

A person or firm seeking registration as an environmental assessment expert must apply to the Agency and pay the prescribed fee; the Agency must decide within 30 days and issue a certificate if it grants the application.

The Minister may, with advice from the Agency and by statutory instrument, make regulations for environmental assessments.

The Minister may make regulations, on the Agency’s recommendation, for the importation, exportation, and consumption of controlled substances, ozone-depleting substances, and related equipment.

Listed owners or operators must connect the Agency to their online monitoring system when the Agency requests it, and must do any other action the Agency requires.

This section amends section 40 of the principal Act so that the Agency must work with an appropriate authority and a conservancy authority to promote cleaner production, sustainable consumption, the green economy, eco-labeling, and any other prescribed matter.

The section replaces the definition of “waste” with a new definition.

Section 56(1) is amended so that a local authority acts within its area of jurisdiction subject to the Solid Waste Regulation and Management Act, 2018.

This section amends the principal Act by repealing section 61 and replacing it with new text.

The Agency must take appropriate measures to protect people and the environment if an environmental emergency occurs.

This section amends the principal Act by repealing section 65 and replacing it with new text.

People planning to handle certain pesticides or toxic substances must apply to the Agency for a licence and pay the prescribed fee.

This section amends the principal Act by inserting a new section immediately after section 65.

People who plan to deal with certain pesticides or toxic substances must apply to the Agency for registration and pay the prescribed fee.

Section 66 is amended to add a new paragraph requiring environmental standards to be enforced for equipment used to apply pesticides and toxic substances, and to renumber a later paragraph.

The Agency must keep and maintain registry copies and information documents in physical or electronic form, and the registry must be open for public inspection during normal office hours.

Section 105(2)(g) is changed so the referenced waste or refuse must be removed from the specified land or aquatic environment and disposed of according to the order and the Solid Waste Regulation and Management Act, 2018.

This section amends the principal Act by repealing section 111 and replacing it with new text.

If a court convicts a person under this Act, it must not set a penalty below half the maximum. The court may also order remedial measures and, if those are ignored, let the Director-General carry them out at the person’s cost.

This provision replaces subsection (1) of section 112 so that an aggrieved person may apply to the Board for review of an Agency decision or direction, except where the decision or direction is made by the Board.

The provision changes section 113(5) so that “an appeal” is replaced with “a review application.”

This section repeals section 115 of the principal Act and substitutes new text in its place.

The Minister must consider an appeal received under the Act and may allow it, dismiss it, or send it back to the Board.

This section changes the marginal note to section 117, replacing the words “hazardous waste materials, chemicals” with “environmental impact assessment”.

An inspector may, in some offence cases, summarily demand payment of a fine.

This section amends paragraph 1(4) of the First Schedule to the principal Act by replacing “six” with “four”.