NEMA turns to express penalties for environmental breaches

The National Environment Management Authority (NEMA) has set 1st April 2023 to rigorously implement the administrative express penalties for environmental breaches stipulated in the National Environmental Act of 2019.

Some of the enlisted breaches and their penalties are the motorist’s failure to have a dustbin in their vehicle and leaving rubbish outside residential premises, with each of the offences attracting a fine of Shs6m.

In 2019, parliament ably amended the National Environment Act thereby introducing a number of administrative express penalties with a view of tightening the grip on the fight against environmental degradation, noise pollution and wetland loss among others.

After the establishment of the required frameworks to foster the implementation of the Act, Dr Barirega Akankwasa, the executive director of NEMA, says culprits of environmental degradation have up to April 1st 2023 to start facing the wrath of the law.

“Under the express penalty scheme, the offender will be required to pay a fine within a prescribed time frame and in a specified bank account. The penalty notice will specify the dates and nature of the alleged contravention and a summary of the facts that NEMA or an authorized officer alleges and the amount payable,” he noted.

Top on the list of breaches and their corresponding penalties is the destruction of wetlands in an irreversible manner.

Akankwasa notes that this attracts a fine of Shs3m, whereas poor waste disposal in both residential and commercial surroundings attracts a fine of up to Shs6m.

“If one fails to conduct an environment and social impact assessment or environmental risk assessment, the projects that require environment and risk assessment will attract a fine not exceeding one Shs1 billion for individuals or 15 years in prison for those who don’t prefer fines. And Shs.6 billion for corporate bodies,” he noted.

Akankwasa now bunks on the police for full support, in the effective enforcement of these penalties without fear of favour, also noting that the law cannot work retrospectively.

According to NEMA reports, wetland coverage in Uganda has been declining at a worrying rate, reporting that it reduced from 15.6% in 1994, and the wetland cover by 2017 remained only 8.9%.

If not checked, it is feared that by 2040, Uganda’s wetland cover may further reduce to 1.6%.

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