|Nom:||Environmental Management Act 2002 (Act No. 5 of 2002).|
|Type de loi:||Loi|
|Entry into force:|
|Bibliographie:||Act on-line Food and Agriculture Organization of the United Nations, FAOLEX PDF (consulté le 2011-02-21)
|Résumé/Citation:||The objectives of this Act are to establish a framework for environmental protection and the integrated management of natural resources on a sustainable basis; to transform the Swaziland Environment Authority into a body corporate, to establish the Swaziland Environment Fund; and to provide for various other matters to environment protection.
The Act consists of 90 sections divided into 11 Parts: Introductory Provisions (I); Fundamental Purpose and Principles (II); Administration (III); Integrated Environmental Management (IV); Pollution Control (V); Waste Management (VI); International Matters (VII): Public Participation (VIII); Compliance and Enforcement (IX); Reviews and Appeals (X); General and Transitional (XI).
Section 5 defines environmental principles. Any person or body exercising powers or functions or making decisions under this Act shall give effect to the purpose of this Act and the principles listed in section 5. Within twelve months of the entry into force of this Act, each Cabinet Minister shall ensure that an Environmental Management Strategy for each Government Ministry for which the Cabinet Minister is responsible, is prepared and submitted to the Swaziland Environment Authority for approval (sect. 7). Section 8 defines powers of the Minister responsible for the environment. The Swaziland Environment Authority is established as a body corporate and shall be the successor of Swaziland Environment Authority established under the Swaziland Environment Authority Act, 1992. Functions of the Authority are set out in section 12. The Authority has a Management Board which is the governing body of the Authority. The Minister, in consultation with the Board, shall appoint a Director of the Authority (sect. 17). The Swaziland Environment Fund is established as a body corporate under section 20. Objects of the Fund are set out in section 23. The Minister shall every two years, publish a State of the Environment Report in accordance with section 29 and the Authority shall, within two years of this Act coming into force and every five years thereafter, prepare and publish a National Environmental Action Plan in accordance with section 30. Section 31 concerns Strategic Environmental Assessments of proposed legislation. Section 32 provides for environmental impact assessment. Waste management functions of the Authority are defined in section 44 and the role of Local Authorities in waste management in section 45. The Authority shall create and maintain an environmental information registry under Part VIII (sect. 50). Section 53 provides for public hearings. Any person may pursuant to section 56 request the Director to issue an order under this Act i.e. a Prevention Order (sect. 63), Protection Order (sect. 64), an Emergency Protection Order (sect. 65), a Compliance Order (sect. 66), or a Cost Order (sect. 67). Section 57 provides for prosecutions initiated by the public and section 58 for civil actions. The Minister may, by notice in the Gazette, issue codes of practice for the purposes of this Act under section 88.