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Importance of Law and Policies in the Environmental Management System
Introduction Importance of Law and Policies in the Environmental Management System
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What Is an Environmental Management System (EMS)?
EMS is the combination of people, laws, legislations, policies, procedures, reviews, and plans to help address environmental issues. EMS is that part of an overall management system which includes: Organizational structure and responsibilities, Policies and legislations practices, Procedures, Resources, Planning activities, Awareness
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Purpose of EMS EMS brings together people, laws, policies, plans, review mechanisms, and procedures in order to improve and protect the environment
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The EMS Plan, Do, Check, Act Cycle
Environmental Legal and Institutional Framework Management Review Continuous Improvement Checking/ Corrective Actions Measurement and Monitoring EMS Nonconformance and Corrective Actions Records EMS Audits Planning Environmental Aspects Compliance Objectives and Targets Environmental Mgmt. Programs Implementation Roles and Responsibilities Training and Communication EMS Document Control Emergency Preparedness and Response
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Environmental Legal and Institutional Framework
Legal Aspects Laws Bylaws Policies Institutional Aspects Institutional Structure Responsibilities Institutional Interface
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Types of law The Constitution
A set of fundamental principles according to which a state is governed. Specialized Laws (water law, environmental law, etc.) Principles and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision. Bylaws The rules and regulations enacted by an association to provide a framework for its operation and management.
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The law making process Drafting the law from the relevant ministry
e.g. Ministry of Environment, Water Authority First reading at the legislative council Introducing a bill Second reading (general debate) Committee Stage (detailed discussions) Report Stage (Report of committee, amendment) Third reading (vote on amendments) Legislative council approval Presidential Decree
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The objectives of the Environmental law
Protection of the environment against all forms and types of pollution; Protection of Public health and welfare; Insertion of the bases of environmental protection in social and economic development plans; and encouragement of sustainable development of vital resources in a manner that preserves the rights of future generations; Protection of bio-diversity and environmentally sensitive areas, as well as improvement of environmentally harmed areas; Encouragement of collection and publication of environment-related information to raise public awareness of environmental problems.
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Environmental Policies
Environmental policies are rules or guidelines developed by governments to regulate behavior of individuals, corporations, and government agencies. It contains detailed procedures, standards, guidelines on how to apply law provisions.
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Policy, Law, Bylaw ? A policy is typically described as a principle or rule to guide decisions A Policy can be considered as a "Statement of Intent" or a "Commitment". The term may apply to government, private sector organizations and groups, and individuals. Policy differs from law. While law can compel or prohibit behaviors, policy merely guides actions toward those that are most likely to achieve a desired outcome. Bylaw can refer to a law of local or limited application, passed under the authority of a higher law specifying what things may be regulated, or it can refer to the internal rules of a company or organization.
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International law International law arises from conventions or treaties agreed to among nations. (e.g., Montreal Protocol to protect ozone layer) International law serve as the principal framework for international co-operation and collaboration between members of the international community in their efforts to protect the local, regional and global environment.
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