By Insight Post-Uganda
Kampala
In preparation for the enforcement of the Express Penalty Scheme intended to deter environmental law violations as well as prevent the degradation of the environment, the Uganda Police Force through its environmental police in partnership with the National Environment Management Authority (NEMA) and other stakeholders have launched a joint awareness campaign to alert the public of what they face in case they breach the law.
The Administrative Penalty shall commence effective April 1, 2023, in line with Section 172 of the National Environment Act, No.5 of 2019 in addition to existing criminal prosecution measures.
Before the actual enforcement of laws and regulations on littering and noise pollution begins, the awareness campaign will last until March 31, 2023, according to Fred Enanga, spokesperson for the Uganda Police Service.
As a result, he adds, partygoers, pedestrians, and drivers remain cautioned about littering streets, highways, gardens, compounds, and drainage systems. “CCTV cameras installed in different corners of the city and other places will be used to monitor and apprehend all litterbugs,” he said.
“We further urge the general public and foreign visitors to abide by these rules because failure to comply may result in arrests and fines,” he warns.
Still, the police and NEMA will engage Kampala Capital City Authority (KCCA), Uganda People’s Defense Forces (UPDF), Civil Society Organisation/NGOs, religious leaders, and Local Governments in a comprehensive education programme on how to combat waste and noise pollution.
The offender will be obliged to pay a fine under the Express Penalty System within the specified time limit and to a particular bank account. The notice will contain the time and details of the alleged violation, a summary of the allegations made by NEMA or the authorised officer, and the payment due.
Key Offences
The most serious offences listed in the statute include littering from vehicles and operating a vehicle without a trashcan, both of which carry a maximum fine of UGX 6,000,000.
Other offences under waste management include the maximum fine for leaving trash outside of residential buildings is UGX 6,000,000.
The highest fine for littering from commercial structures is UGX 6,000,000 and the maximum fine of UGX 6,000,000 for disposing of trash or waste in a ditch or by the side of the road.
The maximum penalty for dumping trash in a river, stream, lake, pond, canal, or channel is UGX 6,000,000.
Management of plastics
A fine of up to UGX100,000,000 may be imposed for importing, exporting, manufacturing, using, or recycling plastic carrier bags or other items made of polymers of ethane (polythene) and propylene that are smaller than 30 microns.
Pollution
Dealing in activities that cause increased pollution, pollute the environment in violation of the terms of a pollution control license or permission, or discharge or emit pollutants outside of permitted limits is punishable by a maximum punishment of UGX6 billion.
If found guilty, emitting noise beyond the allowable noise levels could result in a fine of up to UGX10,000,000.
When obliged to do so, failure to immediately reduce noise to an acceptable level might result in a fine of up to UGX10,000,000.
Environmental and Social Impact Assessments and Audits
Failure to conduct an Environmental and Social Impact Assessment and an Environment Risk Assessment for projects that need either an ESIA or ERA will result in fines of up to UGX 1 billion for individuals and up to UGX 6 billion for corporate bodies, as well as a maximum penalty of 15 years in prison or both.
Still, failure to do a yearly environment audit may result in fines of up to UGX 1 billion, incarceration for a maximum of 15 years, or both.
In addition, the fine for failing to display the entirety of the Environmental and Social Impact Assessment certificate of approval might reach UGX 1 billion for a person and UGX 6 billion for a business entity.
Wetlands River Banks and Lake Shores
Destroying, damaging or disturbing a wetland in a manner that has or is likely to have an adverse effect on any plant or animal attracts a fine of up to UGX 3,000,000
Failing/neglecting or refusing to protect a lakeshore in accordance with the regulations attracts a fine of up to UGX 3,000,000
Waste Handlers
As of March 6, 2023, Uganda had 164 licensed Waste Handlers. These are professionals with expertise in handling and managing waste. Their jobs come in a variety of fields, such as construction, waste management, sanitation, and healthcare. The main objective of trash handlers is to dispose of waste quickly and safely in a way that respects the environment and complies with local laws.
The task of collecting waste from homes or companies, transporting it to a landfill or recycling facility, and seeing to it that it is properly sorted and disposed of may fall to waste handlers. To move and transport big volumes of material, they might also operate powerful equipment like bulldozers, excavators, or rubbish trucks.
Waste handlers may also be in charge of repairing broken equipment and cleaning up spills in addition to processing waste. They could be compelled to wear protective equipment when working outdoors to keep them safe.
In general, by disposing of waste in a secure and efficient way, waste handlers play a crucial part in maintaining the cleanliness of our communities and safeguarding the environment.
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