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Environmental Management Act (EMA) 2005 Regulations Overview

Learn about the status and highlights of EMA regulations in this brief overview. Discover key sections like Environment Impact Assessment (EIA) and Waste Management and Pollution Control. Stay informed on the progress and consultation process.

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Environmental Management Act (EMA) 2005 Regulations Overview

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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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