PART 1- PRELIMINARY  

Section 1-- Title: The Environmental Protection Agency Act of the Republic of Liberia  

Section 2-- Short Title: Environment Protection agency Act 

Section 3-- Definition of Terms: unfamiliar terms used throughout are defined within the context of the Act 

PART II--ESTABLISHMENT OF THE ENVIRONMENTAL PROTECTION AGENCY OF LIBERIA  

This part of the Act sets up the Environment Protection Agency and the institutional arrangements that support the Agency.  The main bodies created under Part II are the Policy Council, the Agency, the Board of Directors, and County and District Environmental Committees.  

SECTIONS:

4)   Establishment of the Environment Protection Agency of Liberia. The Agency is an autonomous body corporate with perpetual succession; can sue and be sued in its own name  

5)  Powers of the Agency

·     The principle authority to manage the environment in Liberia ;

·     coordinates, monitors, supervises and consults on all activities in the protection of the environment and the sustainable use of our natural resources.  

The Functions of the Agency

·     Ensures implementation of environmental policies, laws and decisions of the Policy Council,

·     proposes policies to the Council,

·     ensures integration of environmental concerns into national development planning,

·     promotes public awareness,

·     helps build capacity of ministries and agencies for dealing with the environment,

·     collects and disseminates environmental data and information,

·     promotes regional cooperation on environmental matters.  

The National Environmental Policy Council & Membership

·    The Council is the environmental policy making body,

·     made up of representatives appointed by the President from all sectors of the population including women and youth. See Annex I

·     facilitates participatory process and interaction between the people and government representatives.  

Functions of the Policy Council

·     include ensuring the implementation of environmental policies and programs and

·     advising the Agency on matters of policy and promoting cooperation between all ministries, agencies and organization on matters relating to protecting the environment of Liberia .  

Tenure of Office for Policy Council Members

·     seven years from date of appointment,

·     are eligible for re-appointment on expiration of  term of office

·     The President may terminate tenure for good cause.  

Meetings of the Policy Council

·     at least once a year, and as often as deemed necessary for the transaction of its business;

·      headed by a Chairman;

·      Executive Director of Agency acts as secretary.

Disclosure of Interest of Policy Council Members

·     Members who have a direct or indirect personal interest in any matter before the Council must disclose their interest,

·     is excused during discussion of the subject matter and is not allowed to vote.  

The Board of Directors of the Agency and Membership

·     The management body of the Agency.

·     nine members appointed by the President to a 5-year term based on knowledge, experience, interest in environmental management and ability to access resources, with attention to gender balancing. See Annex II 

Functions of the Board

·     Reviews and oversees the Agency's performance in implementing the environmental policy and law as established by the Council,

·     Monitors Agency fiscal matters,

·     Sets guidelines for hiring and termination of Agency staff.  

Meetings of the Board

·     At least quarterly and as often as necessary

.     Chaired by Chairman  

Disclosure of Interest of Policy Council Members

Same as Policy Council under section (11)  

PART III--ORGANIZATION AND ADMINISTRATION OF THE AGENCY  

Part III provides the organizational structure and mechanisms for the day-to day function of the Agency.  It provides for the appointment of the Executive Director of the Agency and the management team necessary for the effective functioning of the Agency and the County and District Committees that ensure the flow of environment-related information between the national office and the townships.  

  Executive Director of the Agency

·     Person with wide environmental knowledge and recognized commitment to the sustainable use of the environment,

·     appointed by the President for 7-yr. term

·     enjoys secured tenure with conditions for termination.  

Functions of the Executive Director of the Agency

·     Chief Executive Officer of the Agency,

·     responsible for the day-to-day operations under supervision of the Board,

·     in control of the funds, property and business of the Agency  

Appointment of the Deputy Executive Director and Department Heads

·     A Deputy Director to assist the CEO and heads of the various technical and administrative departments of the Agency to be appointed by the Board.  

Appointment of other Staff of the Agency

·     Management may appoint other officers and employees, which should reflect gender balance

·     Civil servants/public officers may be transferred or seconded to the Agency  

Designation of Environmental Inspectors

·     The agency is mandated to appoint environmental inspectors within districts to monitor the implementation of environmental standards as established under the laws.  

Powers and Duties of Environmental Inspectors

·     Inspect activities, projects and facilities to determine whether the provisions of the Act are being complied with according to rules and regulations established by the Agency

·     They have the power to conduct interviews, review relevant records, take sampling and other monitoring and inspection activities.  

Offences Relating to the Obstructing of Environmental Inspectors

·     Any person who prevents the environmental inspectors from carrying out their duties is subject to criminal charges and/or a fine  

Technical Committees

·     Appointed by the Board, on the advice of the Executive Director,

·     Give technical advice and perform activities based on their expertise.  

County Environmental Committees

·     Agency to set up committees in all 15 counties based on guidelines from the Council

·     Ensure the decentralization of environmental policies and programs

·     Facilitate flow of information between County and Agency;

·     Collaborate with environment-related line ministries and agencies on the county level;

·     prepare county Environmental Action Plan and County State of the Environment Report every 5 years;

·     Ensure the implementation of Agency county projects. See Annex III  

County Environmental Officer

·     Appointed by the Agency and makes reports to the Agency

·      Advises County committees,

·      Conducts public hearings,

·      Promotes environmental awareness,

·      Assists District committees in their functions.  

District Environment Committees

·     Created by the County Committee based on guidelines established by the Agency:

·     carries out Agency functions at the community level;

·     promotes public awareness and mobilizes community for self-help;

·     monitors the environment and reports any adverse impact to the County Environmental Officer.  

District environmental Officer

Functions same as Country Officer except at the District Level.  

Role of Line Ministries and Establishment of Environmental Units

Through its Environmental Units and within its sphere of responsibility, collaborates and cooperates with the Agency in sustainably managing the environment and natural resources.  

Amendment of Existing Sectoral Laws

Mandates that sectoral laws, rules and regulations relating to the management of Liberia 's natural resources and the protection of the environment conform to the national environmental policy and laws following their enactment.  

PART IV – ENVIRONMENTAL PLANNING  

Part IV provides for the formulation and periodic update of a National Environment Action Plan, which shall incorporate county and district environmental action plans.  The National Environment Action Plan is intended to be an integral part of the national plan for sustainable economic development in Liberia.  

Environmental Planning at National Level

Every five years, in consultation with line ministries and County Environment Committees the Agency is to prepare and submit to the Council a National Environmental Action Plan that shall be binding on all ministries, agencies, public organizations, businesses, NGOs, CBOs and individuals.  

Environmental Planning at County Level

County Environmental Committees are to prepare a County Environmental Action Plan in conformity with the National Environmental Action Plan.  This plan is binding on all District Committees and individuals in the County.  

PART V--ENFORCEMENT AND CONTROL  

Part V mandates the institution for enforcing the law and provides the tools through which the environment shall be managed.  It provides for  a quasi-judicial Administrative Court   to hear cases from aggrieved parties;  requirement for an environmental Impact Assessment (EIA) for all activities and projects likely to have an adverse impact on the environment; ·        mechanism for ordering a person responsible to restore degraded environment; formulation of environmental Protection Standards, Guidelines and Procedures; economic incentives to encourage environment-friendly business practices.  

Right to and Responsibility for a Clean and Healthy Environment

·     This provision establishes a person's right to a clean and healthy environment as wells as the individual's responsibility to protect and enhance the environment.

·     It gives any person in Liberia the right to appeal to the Agency or the Court to enforce compliance with the law  

Establishment of the Environmental Administrative Court--Sections 32-35--

·      Mandates a five-member Environmental Court , which has the power to hear cases and render decision on cases relating to the enforcement of the environmental laws; 

·     Calls for Court sittings in Monrovia but shall rotate within counties and districts as appropriate

·     Provides for review of any of the Court's decision by  specially established Intermediate Environmental Court of Appeals from which cases can be appealed to the Supreme Court of Liberia.

36)        Environmental Impact Assessment (EIA)-- Sections 36-38

·     Mandates the Agency to require an environmental impact assessment prior to beginning any projects or activities likely to have adverse effect on the environment;   See Annex I of the Environment Protection and Management Law

·     Mandates the Agency to establish the rules, regulations and procedures for conducting and EIA;

·     Provides for monitoring and auditing for environmental impacts

·     Establishes criminal and civil penalties for violating the EIA requirement

39)            Environmental Restoration Order--  Sections 39-40

·     Establish the terms and conditions for the Agency to appeal to the Court for an Order and the issuance of such an Order to any person degrading the environment to restore to previous condition;

·     Provide for penalty for non-compliance with a Restoration Order.  

41)             The Environmental Easement Order

·     Provides that the Agency, if necessary to protect the environment, may appeal to the Court to create an "easement' or the right over land that may be owned by a person or the State in order for the Agency to make lawful use of the land for the protection of the environment

·     Authorizes the Agency to establish rules, regulations, procedures and conditions for imposing an Environmental Easement Order.

42)        Environmental Protection Standards, Guidelines and Procedures

·     Mandates the Agency to establish standards, guidelines and procedures in accordance with established practices for environmental quality, pollution control, protection of wildlife, handling of toxic and hazardous waste and waste management.

43)        Economic Instruments for Environmental Management

·     Provides for tax incentives to encourage the use of environmentally-sound technology and conservation-minded practices

·     Provides for disincentives  such as bonds and fees to discourage activities that are detrimental to the environment  

 PART VI - FINANCIAL PROVISIONS  

Part VI provides for the establishment and management of a National Environment Fund for all monies that are received by the Agency such as fees for permits, fines, contributions, donations, etc.  It also establishes a Trust Fund for refundable bonds that are deposit for persons engaging in activities requiring performance bonds.

44)        Establishment of the Environment Protection Fund--Sections 44-47

·     The fund is to achieve the objectives of the Act

·     The Board of Directors is responsible for administering the Fund

·     Provides that the fund shall be audited and that records pertaining to the accounts, the audit and annual reports shall be made available to the public upon request

48)         Refundable Performance Bonds --Sections48-49

·     Establish the requirement for a performance bond for activities identified in Annex V of the Act.

·     Establish a Trust Fund for the deposit of the refundable performance bonds

50)        Offences Relating to the Funds Established Under Part VI

·     Provides for penalties for misappropriation and fraudulent appropriation of the proceeds from the Funds.  The penalties may be criminal, civil, restoration, and relief of duty or a combination of any two of the penalties depending on the gravity of the offence.

PART VII-- MISCELLANEOUS  

Part VII is a catch-all part for general provisions that do not easily fit under any one part and may pertain to all provisions.  

51)          Common Seal of the Agency

Provision for a common seal and the procedure for use

52)              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 this Act

52)   Rules of Construction

¨     Establishes the rules for interpreting provisions of the Act in favor of protecting the environment and managing the natural resources

¨      Provides for the contextual interpretation of pronouns and words that may have alternative meanings  

53)    Transition

¨     Requires the Agency to establish a transition mechanism for the implementation of the Act.  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.  

54)    General Penalty

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

55)    Consistency of provisions of the Act with other Laws

¨     Any written laws existing at the effective date of this Act that are inconsistent with the provisions of the Act are invalid. This especially pertains to environment-related laws such as the Forestry Law and the Mining Law.  

56)    Severability

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

ANNEXES

Annex I—Members of the environmental Policy Council (Section 7)

Annex II—Members of the Board of Directors (Section 12)

Annex III— Members of the County Environment Committee (section 24)

Annex IV—Members of the District Environment Committee (section 26)

Annex V—Matters of Environmental Bonds (48)