NEMA to commence Administrative fines for Environmental Breaches – How to avoid the penalty

What you need to know:

The National Environment Management Authority (NEMA) by public notice dated 8th February 2023, informed the general public of the commencement of administrative fines for environment breaches under the National Environment Act 2019 with effect from 1st April 2023, in addition to existing criminal prosecution measures.     

The administrative fines are intended to deter non–compliance to environmental laws; and in turn to prevent environmental degradation.     

The basis of implementing these fines is Section 172 of the National Environment Act 2019. Under this provision, the National Environment Management Authority (NEMA) has the mandate to impose administrative fines, where there are reasonable grounds to believe that a person or entity has contravened the provisions of the Act. 

This fine is imposed by way of serving a notice on the person or entity breaching the law. The notice issued; 

• specifies the date and nature of the alleged contravention;
• contains a summary of the facts which NEMA or authorised officer alleges;
• is endorsed with a statement setting out the provisions of the law contravened;
• specifies the penalty payable; and
• states the bank details of the bank account of NEMA in which the payment is to be made.
   

The person on whom a notice is served will pay the fine specified in the notice in the time prescribed in the notice. It is important to note that these administrative fines apply to everyone; both individuals and entities.

The fines payable for specific environmental breaches are computed following the currency points system, where one currency point is an equivalent of UGX. 20,000/= (Uganda Shillings Twenty Thousand only). 

NEMA enjoys the right to suspend operations of a facility, withdraw the Environmental and Social Impact Assessment (ESIA) Certificate, Permit, License and other relevant documentation or to commence prosecution until the fine is paid. A person who doesn’t settle the fine will be subject to prosecution and possible imprisonment or fine as will be determined by the courts. 

How we can help you: 

The need for legal guidance is paramount in order to navigate the compliance web, and avoid the potential fines that are colossal in nature with a high likelihood to disrupt business. For starters, it is important to establish whether there exist monitoring mechanisms for measuring the level of compliance during the operations of your business. These may come in form of policies and procedures that guide the business in order to stay compliant. 

The areas of concern are around ESIAs and audits, waste management, management of plastics and pollution. There are set standards or conditions to follow as laid out by NEMA. Failure to do so, would amount to a breach attracting a fine or prosecution as the case may be. The fines range from Ugx 3,000,000/= (Uganda Shillings Three Million only) up to Ugx 6,000,000,000/= (Uganda Shillings Six Billion only). 

The categories affected are; financial institutions, manufacturers, property developers, project developers, hospitality, petroleum companies, logistics companies and property owners just to mention a few. 

It is evident that NEMA is set to take action. It is imperative therefore that you take the necessary measures required to comply, and as a result, avert the possible huge losses.     

Sustainability is a responsibility for all of us not only to conserve the environment but also to promote healthy living. 

The content of this article is intended to provide a general guide to the subject matter. Should you want specialist advice for specific circumstances, please get in touch with our Mr. Kefa Kuteesa Nsubuga on email: k.k.nsubuga@maa.co.ug or Tel No. +256 393 256 620.

Photo Credit: Davis Buyondo (Insight Post Ug)