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ENVIRONMENT MANAGEMENT ACT (EMA) 2005

ENVIRONMENT MANAGEMENT ACT (EMA) 2005. STATUS OF REGULATIONS. BRIEF OF EMA.

deirdre-wilson
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ENVIRONMENT MANAGEMENT ACT (EMA) 2005

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  1. ENVIRONMENT MANAGEMENT ACT (EMA) 2005 STATUS OF REGULATIONS

  2. BRIEF OF EMA • It is an Act for the protection of the natural resources and for the control and management of developments, waste management and pollution control and for the establishment of a National Environment Council and for related matters.

  3. BRIEF cont’ • The Act was passed in 2005 and has not been enforced yet. • Section 1 (2) of the Act provides that the “Minister may appoint different dates for the coming into force of different sections or parts of this Act.” • These sections and parts will be enforced through the Regulations

  4. STATUS OF EMA REGULATIONS • The Ministry contracted two Legal Consultants to draft the EMA Regulations. • They are namely Mr. John Wilson and Mr. Nicholas Barnes of Munro Leys Law Firm. • Mr. Wilson is our former First Parliamentary Council with the Office of the Solicitor General and is now based in the UK. • Mr. Barnes is a partner at Munro Leys and was also with the Office of the Solicitor General before going into private practice.

  5. STATUS cont’ • Our Consultants were contracted in May to begin the drafting of the Regulations. • They work closely with the Ministry and the Ministry advises the First Parliamentary Counsel of the progress of the drafting. • Prior to the drafting priority sections and parts were identified upon the advise of the First Parliamentary counsel.

  6. STATUS cont’ • Two of the main parts that the Regulations is concentrating on is Part 4 and Part 5 of the Act. • Part 4 – ENVIRONMENT IMPACT ASSESSMENT (EIA) • Part 5 – WASTE MANAGEMENT AND POLLUTION CONTROL • Regulations is at its second draft and Consultations are to take place next month.

  7. Part 5 – Waste Mgt. & Pollution Control • Permits to discharge waste or pollution. • Power to issue permits • Facilities without permits • Power to inspect and issue notices • Order to stop work • Environmental Emergency Declaration/Appeal

  8. EMA Solid & Liquid Waste Regulations 2007 • Part 1- Preliminaries • Part 2- Waste & Pollution Permits • Part 3 – Issuing of Permits • Part 4 – Inspection & Compliance • Part 5 – Miscellaneous • Schedule 1 – Forms • Schedule 2 -- Fees • Schedule 3 – National Liquid Waste Stand. • Schedule 4 – Criteria for Significant Disposal/Discharges.

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