Environmental Management Act (EMA), Act No.13 of 2002 (Chapter 20:27), revisions under Act No.5 of 2004 (s.23) and Act No. 6 of 2005 (s.28)

Laws and Policies

CCLW

CCLW national policies

Original version

Law passed

This Act outlines provisions for sustainable management of natural resources and protection of the environment. It establishes various environment-related agencies including National Environmental Council, Environmental Management Agency, Environment Management Board, Environment Fund, Environmental Quality Standards and Standards and Enforcement Committee. It specifically refers to greenhouse gas reduction in maintaining the environmental quality standards. 
 
The National Environmental Council consists of the Permanent Secretaries in the Ministries responsible for the matters of areas specified in the Second Schedule, two representatives of universities (appointed by the Minister), two representatives of specialised research institutions (appointed by the Minister), three representatives of the business community (appointed by the Minister), two representatives of local non-governmental organisations active in the environmental field (appointed by the Minister), the Director-General as the secretary to the Council, and other who many be co-opted by the Council with the approval of the Minister. 
 
The functions of the Council are: to advise on policy formulation and give directions on the implementation of this Act; to advise on national goals and objectives and determine policies and priorities for the protection of the environment; to promote co-operation among public departments, local authorities, private sector, non-governmental organisations and such other organisations engaged in environmental protection programmes; to make recommendations to all appropriate persons and authorities regarding the harmonisation of functions related to the environment; to review and recommend to Minister guidelines for environmental management plans and environmental action plans; to review and recommend incentives for the protection of the environment; and to perform other functions as assigned by the Minister under this Act. 
 
The Environmental Management Agency formulates quality standards on air including GHGs. The Agency assists the management of environment by developing a national plan, regulating and monitoring discharge or emission of greenhouse gases and carrying out many other environment-related duties and functions as directed by the Minister. Environmental Management Board consists of nine to 15 members appointed by the Minister after consultation with the President. There should be at least one expert in each of the following areas: environmental planning and management; environmental economics; ecology; pollution; waste management; soil science; hazardous substances; water; and sanitation. One shall be a legal practitioner registered in terms of the Legal Practitioners Act, and another shall be the secretary for the Ministry responsible for the environment. 
 
One of the responsibilities of the Standards and Enforcement Committee is to recommend to the Board guidelines to minimise GHG emissions and identify suitable technologies to minimise them. GHG emissions are seen as a part of air pollution under this Act. 
 
The EMA was introduced in 2002, and it is most commonly referred to as the EMA of 2002 as per 2005 amendment. The original version commenced in 2003, and the third version after second revision commenced in 2006. This Act amended a range of environment and resource related legislation, including the Forest Act of 1949.