1. Effectiveness of Environmental Regulation In Uganda BBI 4204 Environmental Engineering Term 2 2015

3. Environmental law Or "environmental and natural resources law" Collective term describing the network of treaties, statutes, regulations, and common and customary laws addressing the effects of human activity on the natural environment While there is no single agreed-upon taxonomy, the core environmental law regimes address environmental pollution.

4. Categories of Environmental Law A related but distinct set of regulatory regimes, now strongly influenced by environmental legal principles Most focus on the management of specific natural resources, such as forests, minerals, or fisheries.

5. Relatively new area of Impact Assessment Formal process used to predict the environmental consequences (positive or negative) of a plan, policy, program, or project prior to the decision to move forward with the proposed action. An impact assessment may propose measures to adjust impacts to acceptable levels or to investigate new technological solutions. May be subject to judicial review

6. Areas of impact assessment Air quality Water quality Waste management Contaminant cleanup Chemical safety Water resources Mineral resources Forest resources Wildlife and plants Fish and game

7. Core principles Environmental law has developed in response to emerging awareness of and concern over issues impacting the entire world. Laws have developed piecemeal and for a variety of reasons Some effort has gone into identifying key concepts and guiding principles common to environmental law as a whole.

8. Sustainable Development United Nations Environment Programmed (UNEP) defined sustainable development as as "development that meets the needs of the present without compromising the ability of future generations to meet their own needs 1972 United Nations Conference on the Human Environment (Stockholm Conference) and 1983 World Commission on Environment and Development -- modern concept of sustainable development

9. First UN Earth Summit In 1992 issued the Rio Declaration Principle 3 reads: "The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations” Sustainable development has been a core concept of international environmental discussion ever since

10. Equity Intergenerational equity - "the right of future generations to enjoy a fair level of the common patrimony" Intragenerational equity - "the right of all people within the current generation to fair access to the current generation's entitlement to the Earth's natural resources"

11. Transboundary responsibility Obligation to protect one's own environment, and to prevent damage to neighboring environments UNEP considers transboundary responsibility at the international level as a potential limitation on the rights of the sovereign state Laws that act to limit externalities imposed upon human health and the environment may be assessed against this principle.

12. Public participation and transparency Effective protection of the human right to hold and express opinions and to seek, receive and impart ideas Right of access to appropriate, comprehensible and timely information held by governments and industrial concerns on economic and social policies regarding the sustainable use of natural resources and the protection of the environment with out avoid imposing undue financial burdens upon the applicants Adequate protection of privacy and business confidentiality and Effective judicial and administrative proceedings.

13. Precautionary principle Rio Declaration formulated the precautionary principle as follows: In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. VERY CONTROVERSIAL!

14. Prevention Prior assessment of environmental harm Adoption of strategies, policies, licensing or authorization that set out the conditions for operation and the consequences for violation of the conditions Emission limits and other product or process standards Use of best practices

15. Polluter pays principle The environmental costs of economic activities, including the cost of preventing potential harm, should be internalized rather than imposed upon society at large. All issues related to responsibility for cost for environmental remediation and compliance with pollution control regulations involve this principle.

16. Customary international law These are the norms and rules that countries follow as a matter of custom and they are so prevalent that they bind all states in the world. – Duty to warn other states promptly about icons of an environmental nature and environmental damages to which another state or states may be exposed Problems with jurisdiction and determining adequate compensation for environmental damages

17. Major environmental issues in Africa International Network for Environmental Compliance and Enforcement: – Drought and flooding, air pollution, deforestation, loss of biodiversity, freshwater availability, degradation of soil and vegetation, and widespread poverty U.S. Environmental Protection Agency: – Growing urban and industrial pollution, water quality, electronic waste and indoor air from cook stoves

18. Environmental Law in Uganda Before 1995 constitution was enacted, there was no basic legal framework for the management of the environment instead Uganda relied on international Environmental law Leading to the development of the National Environmental Policy for Uganda

19. International Law Affecting Uganda The Stockholm Convention on Persistent Organic Pollutants 2001: The objective of this convention is to protect human health and the environment from persistent organic pollutants as stipulated of the convention. Since Uganda is a signatory to this treaty, it applies so as to enhance the fight against pollution in Uganda. The Vienna Convention on the Protection of the Ozone Layer of 1985. Uganda acceded to this treaty and is embedded into air pollution since its main objective is against human activities likely to endanger the ozone layer henceforth affecting the ozone layer likely to interfere with the environment. The Montreal Protocol on Substances that Deplete the Ozone Layer. This was assented to by Uganda in 1988 as the Vienna convention on the protection of the ozone layer and it was bound by it. It also controls the production and consumption of the most commercially and environmentally significant ozone depleting substances dealing with atmospheric pollution.

20. More International Law United Nations Framework Convention on Climate Change of 1992 imposes an obligation on the state to take precautionary measure and minimize the causes of climate change and mitigate its adverse effect. Kyoto Protocol to the United Nations Framework Convention on Climate Change also sets binding target for the limitation and reduction of greenhouse gas emissions such as carbons methane, sulphur helping to control pollution in Uganda. The Convention on Wetlands of International Importance Especially as Water Fowl. This was ratified in 1988 which basically called for the proper implementation of the principles of the convention. The import of this provision is to the effect that the environment should also be protected against pollution.

21. More International Law Basel Convention on Control of Transboundary-Movement of Hazardous Wastes and their Disposal of 1989 whose global goal is to control human health and environment against adverse effects which may result from trans- boundary movement and management of hazardous wastes across borders and manage the disposal of wastes in an environmentally sound manner. The Bamako Convention on the Ban of Importations into Africa and the Control of the Transboundary Movement and Management of Hazardous Wastes within Africa of 1991. This convention enjoins the parties to strive to adopt and implement the preventative, precautionary approach to pollution.

22. Origin of NEMA 1995 constitution the parliament came up with the National Environmental Act Established the National Environmental Management Authority Policy 3.9 providing the guiding principles which include; minimization in the discharge of substances that can be harmful or where possible prevention, pollution minimization and prevention to be coordinated by a single agency, the adoption “polluter pays” principle, clear linkages between sectoral policies and adequate regulation of hazardous materials which potentially pollute the environment and also provides for strategies of how enforce the principle.

23. The National Environment Act cap 153 S.24 deals with air quality standards requiring use of new technology and redesign of plants and minimize the emission of green house gasses to control air pollution.

24. The National Environment Act cap 153 S.25 provides for establishment of minimum water standards for all the water in Uganda for different users such as industrial use, domestic such as drinking, wild life, fisheries and other uses not prescribed.

25. The National Environment Act cap 153 S.26 provides for the discharge of effluent water the standards which shall be set by authority but all water discharged should be of a quality standard to control pollution. setting up a committee to ensure protection of the environment hence a relevant control tool of pollution in wetlands.

26. The National Environment Act cap 153 S.27 deals with the control of standards of noxious smells for which the authority shall establish the minimum standards and guidelines. The national environment (noise standards and control) Regulations provide detailed noise standards pursuant of this provision.

27. The National Environment Act cap 153 S.28 deals with the standards of noise and vibration and S.29 subsonic vibration and all these have to be controlled with regard to the significance in the impact of the environment so as not to pollute it.

28. The National Environment Act cap 153 S.30 provides for soil standards and NEMA shall regulate the disposal of any substance on the soil and prohibit any practice that will degrade the soil and promote practices that will conserve

29. The National Environment Act cap 153 S.31 provides for standards for minimization of radiation and NEMA shall create standards for minimization of such radiation to the society and control its exposure to other people and its effects too.

30. The National Environment Act cap 153 S.32 provides for other standards such as construction materials, industrial products, solid waste disposal and such other activities that may pollute the environment.

31. The National Environment Act cap 153 S. 2(k) is to the effect that the polluter of the environment is to bear costs for his actions a license may be denied by the granting authority if the polluter is unable to compensate the victims of such pollution and clean up the environment in accordance with the polluter pays principle.

32. The National Environment Act cap 153 S.57 provides that no person shall pollute or lead any person to pollute the environment contrary to any of the standards set in the act no person shall either pollute exceeding the standards set out in the pollution license granted under S.60 of the National Environment Act cap 153.

33. The National Environment Act cap 153 S.60 Environmental Impact study must be carried out in accordance with the act in order to determine the pollution likely to result and considerations necessary for it’s control whereby if the applicant fails to comply with the conditions given then the license will not be granted.

34. The Land Act cap 227 S43 of the land act provides that a person who owns or occupies land shall utilize and manage the land in accordance with the National Environment Act, water act and any other laws relevant for the management, conservation and preservation of the environment hence all land in Uganda is subject to proper use so as to control pollution. S.44 provides for the public trust doctrine that the Government shall hold in trust for the people and protect the natural recourses for the common good of the citizens but the government may grant concessions or licenses or permits.n respect of natural resources referred above. S.70 provides that subject to s.44, all rights in the water of any natural spring, river, spring shall be reserved by the government and no such water shall be polluted except with the permission of the minister responsible for water or natural resources in accordance with the water act.

35. The water act cap 152. S.4(b) and (d) provide that the objective of the Act is to provide clean and safe water supply and control pollution, promote treatment of waste which may be discharged in water in order to control pollution. S.20 further states that a holder of a permit (granted under PART IV) shall not allow water to be polluted and S.29 requires a holder of a water permit to install pollution control or waste discharge treatment equipment.

36. The water act cap 152. S.31 provides for the prohibition of water pollution person committing an offence if without permission (permit) and allows waste to come in to contact with water, discharged directly or indirectly, and to allows water to be polluted shall too be liable under this Act.

37. The Penal Code Act cap 120. This basically criminalizes air and water pollution. S.176 provides that a person commits an offence if he voluntarily corrupts or fouls the water of any public spring or reservoir so as to render it less fit for the purpose S.177 applies to air pollution providing that a person commits an offence if he voluntarily vitiates the atmosphere in any place so as to make it undesirable to health of persons in general dwelling or carrying on business in the neighborhood or passing along a public way hence creating a prohibition to air pollution.

38. (v) The mining act cap 173 S.86 and 109 of the mining act state that in carrying out mining activities in lakes, river banks and other areas the miners are supposed to pollute the environment in accordance with the regulation under the National Environment Act and if they exceed the standards stipulated then liability may incur on the polluters thus a mechanism of controlling pollution.

39. NEMA authority – wetlands Amooti Godfrey Nyakana v NEMA the petitioner constructed a house in a wetland and it was destroyed by NEMA and he petitioned and in the holding the court stressed out the importance of controlling unauthorized activities on the environment and the role of authorities such as NEMA and struck out the case on ground that the petitioner was afforded the chance to be heard but he did not utilize it hence NEMA succeeded in the case.

40. Environmental Impact Assessment. This is a requirement before any developer can proceed with any project to assess the possible impact of such project to the environment hence calling upon Environmental Impact Statement after the review has been done to ensure that the activity going to be done will not compromise the environmental standards set by the law or the permit granted by the law otherwise the developer might be asked to come up with a pollution mitigation scheme in order for his project to be cleared hence if he fails NEMA and the other consultative authorities might deny them the chance to carry out their project.

41. Environmental Impact Assessment. British American Tobacco v Environment Action Network Ltd an action was brought against BAT on grounds that smokers were polluting the society with smoke hence infringing on the right to a clean and health environment. This case points out that public interest litigation may be brought on environmental matters.

42. Inadequate or nonexistent laws in certain areas. Solid waste or garbage which includes paper, plastic, glass, metal cans, food scraps, and yard trimmings, the greater proportion being degradable and is one of the most visible forms of Soil pollution. Both open dumps and landfills may contain toxins that seep into the soil, ground water or flow into streams and lakes. The uncontrolled burning of solid waste creates smoke and other air pollution. Burning waste in incinerators can release toxic chemicals, ash, and harmful metals into the air. Environmental standards and laws on pollution management are still inadequate and/or non-existent in some areas. No adequate waste disposal facilities in place despite the enactment of the National Environment (waste management) regulations

43. Enforcement of protection of the environment and public health Enforcement capacity available at all these levels appears not to be able to match the widespread nature of the problem of pollution. the responsibility for environment management has been also vested under the local authorities, but cases where local authority intervention on environmental management are involved are minimal, implying that even where local authority intervention would have been enough to stop abuses; such cases still continue to be referred to NEMA. In 2003, in GREENWATCH VS AG court issued a judgment banning the use of polyethene bags but the society still uses this today which shows the laxity in enforcing environmental laws against pollution.

44. The “anonymous”, “holiday” and “awkward hour” dumping syndrome It has been extremely difficult to control indiscriminate dumping of materials in wetlands along the roads and other remote areas by anonymous individuals such as truck drivers who probably view wetlands as “good” open space to dump in rather than drive long distances to designated dumping sites.

45. Poverty and wetland resources use relationship Increasing cases of activities being implemented in wetlands in the name of fighting against poverty whereby some of these activities are out-rightly not compatible with wetland conservation Their promoters have vigorously defended them as intended to assist in the fight against poverty. Brick making in wetlands which are done for economic gains have tended to give no regard at all to conservation nor restoration of the affected wetlands so as to control pollution.

46. Corruption. NEMA which is mandated to evict people who are polluting wetlands have ended up favoring the rich and evicting the poor due to illegal considerations advanced to protect the interests of the rich, for example Ntinda industrial area where Britania and pharmaceutical industries have been constructed on wetland areas.

47. RECOMMENDATIONS NEMA should be allowed to reclaim wetlands where the government and local authorities have granted land titles in a goal to control pollution and conserve the environment. Where the law has been breached the penalties are not steep, for this law to be effective polluters should serve jail sentences unlike paying for damages and injunctions which do not encourage deterrence The government should fund these government agencies and authorities with enough resources to enable them run all their duties they are mandated to carry out without corruption. The government should involve the police to help in monitoring the environment since they are “feared” by the community because of their demeanor. The school curriculums should be adjusted to enable people understand the importance of conservation the environment.