The Environment Protection Law is a companion Bill to the Environment Protection Agency Act: The Act establishes the Agency and the institutional arrangements that support the Agency. And, it mandates the enactment of a comprehensive set of laws, the legal framework, to protect the environment. The Environment Law enables the Agency to protect the environment through implementing the law.


ENVIRONMENT MANAGEMENT AND PROTECTION LAW OF THE REPUBLIC OF LIBERIA

PART I - PRELIMINARY

Section 1

Title: Environmental Protection Law of the Republic of Liberia 
Preamble -- the underlying policy statements that form the basis of the Law

Section 2

Short Title: Environmental Protection Law

Section 3

Definition of Terms: unfamiliar terms used throughout are defined within the context of this Law

PART II - GENERAL PRINCIPLES AND OBJECTIVES

These are the principles that should guide all activities relating to the environment of Liberia. They are international standards established by international environment conventions, treaties, protocols and agreements to which Liberia is party or is in the process of becoming party to, such as Convention on Biodiversity, Convention UN Framework Convention on Climate Change, Convention to Combat Desertification. They reflect the decisions agreed on by 179 countries, including Liberia, at the Earth Summit in Rio de Jeneiro, in 1992. Known as Agenda 21, the agreement is a blueprint to make the future development of the world economically, socially and environmentally sustainable.

Section 4

Principles of Environmental Management and Objectives

Pre-cautionary principle: assures that when faced with eminent environmental degradation the authorities will take timely preventive measures even where scientific certainty about the impact is lacking;

Principle of intergenerational equity: provides that the present generation should ensure that in exercising its right to beneficial use of the environment, the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations, which means conserving, preserving and/or restoring ecosystems and maintaining ecological processes and life support systems, including conservation of national biological diversity;

Polluter-pays principle: assures that the cost of cleaning up and damages from pollution or environmental degradation are borne by the person convicted of pollution; 

principle of public participation: assures that all segments of the public are educated about environmental issues and are involved in decision making because protecting the environment is everyone's responsibility. If the people are involved they are more likely to help enforce and implement the decisions;

Principle of international co-operation: encourages the pooling of resources in the management of environmental resources shared by two or more states and sharing lessons learned to avoid reinventing the wheel.

Section 5 

Protecting the Right to a Clean and Healthy

A person may assert their right by:
¢ petitioning the Agency;
¢ bringing action before the Environmental Court established under the Agency Act; or
¢ seeking judicial review


PART III - ENVIRONMENT IMPACT ASSESSMENT, AUDIT AND MONITORING

Sections 6-33
Part III institutes the rules regulations and procedures for an internationally recognized effective environmental management tool which helps to attain and maintain a rational balance between socio-economic growth and environmental protection. The environmental protection assessment process (EIA) is a requirement usually imposed by donor agencies for funded projects. The proposed EIA process :-

- provides for a transparent participatory approach that allows all stakeholders to have input into and be informed of all decisions that will lead to activities that are likely to have a negative effect on their health and communities;

- is intended to provide a balance between environmental, economic, social and cultural values for sustainable development of the country;

- requires an assessment of the impact of projects, activities and policies and plans likely to lead to projects and activities that will or are likely to degrade the environment. See Annex I for matters requiring an EIA;

- identify the anticipated impacts of a proposed policy, project or activity--both adverse and beneficial impacts, and predict the extent and scale of the impact;

- determine whether the adverse impacts can be mitigated;

- recommend preventive and/or mitigation measures including alternatives;

- identify a monitoring and evaluation plan; and

- recommends whether or not the proposed policy or project should be implemented or modified.

Anticipating, eliminating and/or mitigating likely adverse effects on the environment up front is likely to be more time and cost effective as well as provide more effective management of the Liberian environment.


PART IV - ENVIRONMENTAL QUALITY STANDARDS
PART V - POLLUTION CONTROL AND LICENING


Sections 34-73

Parts IV and V, of the Law mandate the proposed Environment Protection Agency to establish environmental quality and pollution control standards. Some features:

- The provisions range from medium-specific standards such as water, air, and soil quality, to solid and hazardous waste management; 

- The law establishes procedures whereby a person who must exceed the set standards for unavoidable reasons and for a limited period of time, can apply for the relevant license; 

- Specific permits are required for certain activities such as effluent discharge, disposal of hazardous chemicals, wastes and substances;

- Classification and labeling and a monitoring system that ensures that toxic and hazardous substances are not illegally imported, exported, stored and or used in Liberia to the detriment of the environment and, consequently, to the health of the people.

Parts IV and V, notwithstanding their comprehensive nature, anticipate stand-alone, sector-specific statutes, rules, regulations that may be required to facilitate implementation of the Law.

PART VI - GUIDELINES AND STANDARDS FOR THE MANAGEMENT OF THE ENVIRONMENT AND NATURAL RESOURCES

Sections 74- 82

Part IV establishes the guidelines and standards for managing Liberia's fragile ecosystems. It includes provisions on:- 

- rivers and lakes, wetlands (swamps), forests, wildlife, marine environment and costal zone management (CZM). The coastal erosion, which Liberia is currently experience demonstrates the need for effective CZM;

- conservation of energy, the investigation and use of renewable energy to reduce the cutting down of trees for charcoal and the amount Liberia spends on fuel importation; and

- the sustainable use of Liberia's natural resources.


PART VII - PROTECTION OF BIODIVERSITY, NATIONAL HERITAGE AND THE OZONE LAYER

Sections 83-89

Part VII supports the implementation of the Convention on Biodiversity (CBD) to which Liberia is party. Liberia possesses some of West Africa's greatest diversity of plants and animals. In fact, some of the species exists only in Liberia and are protected by international law. If not protected, once they disappear from Liberia, they will disappear from the face of the earth. Therefore, conservation of biological resources is important not only to Liberia but also to the region and the world. Under this Part, the Law mandates the Agency to:-

- work with government ministries and agencies to establish plans for conserving Liberia's biodiversity

- establish procedures for allowing international access to Liberia's genetic resources such as medicinal plants

- conduct any other activities necessary to meet the requirements of CBD;

- identify and protect Liberia's natural heritage such as Lake Piso;

- promote land use planning as it relates to conservation of biodiversity; and

- work with government ministries/agencies and the private sector to establish standards, guidelines, programmes and activities to reduce the emission of substances that deplete the ozone layer that protects life on earth from the dangerous rays of the sun.


PART VIII - ENVIRONMENTAL RESTORATION ORDER

Section 90-94

Where environment-related activities have degraded the environment, the Agency may, of its own initiative or by action brought by a person, appeal to the Environmental Court (proposed under section (33) of the Agency Act) or to the judicial system through the Minister of Justice for a restoration order the responsible person to:-

- cease the activities; and/or

- restore the environment, as mush as possible, to its original state


PART IX - INSPECTION, ANALYSIS AND RECORDS

Sections 95 - 97

Part IX pertains to the implementation of the Law. It establishes tools by which to determine compliance with the Law. The provisions set forth the powers and the duties of the Environmental Inspectors and spell out the procedure for analyzing evidential data to determine if an offence has occurred.

PART X - INTERNATIONAL OBLIGATIONS

Sections 98 -99

In recognition that pollution does not respect boundaries (for example, garbage that is dumped in St. Paul River in Lofa will end up in Monrovia) and the need for all countries to cooperate to protect the environment, the Law mandates the Agency to:

- Work closely with government ministries and agencies to assist Liberia in meeting its obligations under environment -related conventions, treaties and protocols to which Liberia is a party

- Consult with State agencies in the West African Region to develop Actio0n Plans for the harmonization of management of shared natural resources (such as Mt. Nimba and the Upper Guinea Rainforest) and to exchange lessons learned.


PART XI - INFORMATION, ACCESS, EDUCATION AND PUBLIC AWARENESS

Sections 100-104

Public participation is emphasized throughout the Law. However, without public awareness, the citizens will not have the capacity to assist in the implementation and enforcement of the Law. Under Part XI, the Agency is mandated to:-

- Disseminate environmental information
- Promote environmental outreach programmes nationally
- Ensure that an environmental protection curriculum is integrated into the school system, which will ensure that the public participates in environmental decision-making and enforcement.


PART XII - OFFENCES

Sections 105 -109

This Part contains offences that are not specifically stated under the provisions. While this Law goes beyond the command and sanction approach of criminal law and provides incentives and disincentives for environmental protection, it recognizes the necessity for serious penalties as supplementary measures against infraction of its provisions. Thus, in addition to fines sufficient to act as deterrent, Part XII calls for imprisonment.

PART XIII - MISCELLANEOUS

Sections 110 - 115

This is a catchall part for general provisions that do not easily fit under any one part and pertain to all provisions. (Same as Agency Act).

Section 110
Regulations

Provides that the Agency shall recommend to the Legislature to enact regulations for matters pertaining to the enforcement of the Law and to give full effect to the Law. 


Section 111
Rules of Construction

Establishes the rules for interpreting the provisions of the Law in favor of protecting the environment and managing the natural resources. It provides for the interpretation of pronouns and words that may have alternative meanings.

Section 112
General Penalty

This provision ensures that any person who commits any offences under this Act, whether or not penalties were stated under individual provisions, is subject to criminal and/or civil charges.

Section 113
Consistency with the Provisions of other Laws

Any written laws existing at the effective date of this Law that are inconsistent with the provisions of the Law do not negate compliance with the Law.

Section 114
Severability

Assures that any part or provision of the Law that is found to be invalid or unconstitutional shall not affect the validity of the rest of the Law. In other words, invalid sections can be severed leaving the rest of the Law in tact.

Section 115
Transition

Requires the Agency to establish a transition mechanism for the implementation of the Ac t. This provision is in recognition of the current economic realities, the limited available capacity to implement the Act, and the need to devise a transition plan to ensure the full implementation of the Act in the quickest possible time.

In spite of this provision, the Act has the full force of law as of its effective date.

ANNEXES

Annex I (Section (6)

Projects Requiring an Environmental Impact Assessment-Mandatory List