assist environment committees in implementing these Regulations and any other law
that protects wetlands. Every land owner or user in whose land a river bank or lake
shore is situated is under a duty to prevent and repair degraded river banks and lake
shores through agro-forestry; grassing; and control of livestock grazing.
Non-compliance with any of the obligations imposed under the regulations is an
offence.
It follows therefore that whoever is under a specific obligation under the regulations must perform their respective obligations or risk the sanctions under the same
regulations.
The National Environment (Environmental Impact Assessment) Regulations,
1998
The Regulations provide procedures to follow when conducting an environmental
impact assessment. Regulation 3 provides for the application of the regulations to all
projects included in the Third Schedule to the Act. In the third schedule of the NEA,
the projects to be considered for Impact Assessment include agriculture related
activities such as large scale agriculture, use of new pesticides, introduction of
new crops and animals, and use of fertilizers.
The Regulations prohibit developers from implementing projects for which
environmental impact assessment is required under the Act and under the regulations
unless the environmental impact assessment has been concluded in accordance with
the regulations. Regulation 12(2) imposes an obligation on a developer to hold
meetings with the affected communities to explain the project and its effects.
Regulation 19 imposes an obligation on the Executive Director of the lead agency
to invite the general public to make written comments on the environmental impact
assessment. The Executive Director is further enjoined to invite comments of those
persons who are most likely to be affected by the proposed project. The Executive
Director is enjoined to call for a public hearing under regulation 21 where there is a
controversy or where the project may have trans-boundary impacts.
The Executive Director is empowered under Regulation 28 at any time after the
issuance of a certificate of approval of the project, to revoke the same where there is
non-compliance with the conditions set out in the certificate; where there is a
substantial modification of the project implementation or operation which may
lead to adverse environmental impacts; or where there is a substantive undesirable
effect not contemplated in the approval.
The regulations empower an inspector under Regulation 32 to enter onto any
land, premises or other facility related to a project for which a project brief, or an
environmental impact assessment has been made under the regulations, to determine
how far the predictions made in the project brief, or the environmental impact
statement, whichever the case may be, are complied with.
The enforcement of these regulations is through the lead agency and the duties it
imposes on any developers including those in the field of agriculture, breach of
which there are sanctions such as revocation of certificates among others. The
Legal and Regulatory Framework for the Agriculture Sector in Uganda
63
that protects wetlands. Every land owner or user in whose land a river bank or lake
shore is situated is under a duty to prevent and repair degraded river banks and lake
shores through agro-forestry; grassing; and control of livestock grazing.
Non-compliance with any of the obligations imposed under the regulations is an
offence.
It follows therefore that whoever is under a specific obligation under the regulations must perform their respective obligations or risk the sanctions under the same
regulations.
The National Environment (Environmental Impact Assessment) Regulations,
1998
The Regulations provide procedures to follow when conducting an environmental
impact assessment. Regulation 3 provides for the application of the regulations to all
projects included in the Third Schedule to the Act. In the third schedule of the NEA,
the projects to be considered for Impact Assessment include agriculture related
activities such as large scale agriculture, use of new pesticides, introduction of
new crops and animals, and use of fertilizers.
The Regulations prohibit developers from implementing projects for which
environmental impact assessment is required under the Act and under the regulations
unless the environmental impact assessment has been concluded in accordance with
the regulations. Regulation 12(2) imposes an obligation on a developer to hold
meetings with the affected communities to explain the project and its effects.
Regulation 19 imposes an obligation on the Executive Director of the lead agency
to invite the general public to make written comments on the environmental impact
assessment. The Executive Director is further enjoined to invite comments of those
persons who are most likely to be affected by the proposed project. The Executive
Director is enjoined to call for a public hearing under regulation 21 where there is a
controversy or where the project may have trans-boundary impacts.
The Executive Director is empowered under Regulation 28 at any time after the
issuance of a certificate of approval of the project, to revoke the same where there is
non-compliance with the conditions set out in the certificate; where there is a
substantial modification of the project implementation or operation which may
lead to adverse environmental impacts; or where there is a substantive undesirable
effect not contemplated in the approval.
The regulations empower an inspector under Regulation 32 to enter onto any
land, premises or other facility related to a project for which a project brief, or an
environmental impact assessment has been made under the regulations, to determine
how far the predictions made in the project brief, or the environmental impact
statement, whichever the case may be, are complied with.
The enforcement of these regulations is through the lead agency and the duties it
imposes on any developers including those in the field of agriculture, breach of
which there are sanctions such as revocation of certificates among others. The
Legal and Regulatory Framework for the Agriculture Sector in Uganda
63