Ecolex Logo
The gateway to
environmental law
Search results » Legislation

Eritrean Environment Protection, Management and Rehabilitation Framework Proclamation, No. 179 of 2017

Country/Territory
Eritrea
Document type
Legislation
Date
2017
Source
FAO, FAOLEX
Subject
Environment gen., Water, Wild species & ecosystems, Waste & hazardous substances
Keyword
Air quality/air pollution Framework law Biosafety Cultural heritage Ecosystem preservation Environmental fees/charges Environmental planning Environmental standards Noise pollution Authorization/permit Policy/planning Polluter pays principle Pollution control Protection of environment Sustainable development Sustainable use EIA Standards Effluent waste water/discharge Hazardous waste Organic waste Recycling/reuse Solid waste Transboundary movement of waste Waste disposal Waste management Waste prevention Freshwater pollution Biodiversity Research
Geographical area
Africa, Eastern Africa, Least Developed Countries, Red Sea & Gulf of Aden
Abstract

This Proclamation is made to apply specifically to environmental matters and provides that this law shall prevail where there are other laws which contain provisions that are inconsistent with this law with regards to environmental matters. The Proclamation is made with the following objectives; to establish the foundation of environmental management and protection laws and provide the institutions and legal instruments for their implementation and enforcement; to advance an environmental policy framework consistent with sustainable development; to guarantee and promote maximum public and community participation in the conservation, protection and enhancement of the environment; and to set up the basis for Eritrea’s effective contribution to and benefit from international cooperation in the global efforts for environmental protection. The Proclamation proclaims certain principles in environmental management, including; an integrated management approach; streamlining environmental protection into sustainable development planning; putting human wellbeing at the forefront; the sovereign right of the State to exploit natural resources; achieving sustainable development through equity and fairness; the polluter pays principle; public participation; sustainable use of natural resources; environmental rights and duties of persons, among others. The 3rd Chapter of the Proclamation provides for the administration of the law. This part states the Ministry’s responsibilities, the powers and duties of the Department of Environment, the functions of the branch offices and the Environmental Unites in Line Ministries, among others. The National Environmental Council is established in the 4th Chapter. This Chapter provides for the composition, administration and functions of the Council. Some of the functions include; to identify national priority goals and objectives on environmental protection and enhancement, with due regard to the recommendations of the Minister; to promote coordination and cooperation among line ministries on any aspect of environmental projects and programmes; and to recommend incentives for the protection of the environment. The Proclamation provides for the basic environmental management tools; to wit, it provides for a national environmental management plan to be established by the Ministry in collaboration with the Council and other appropriate bodies. Similarly, line ministries are to develop environmental plans of action which shall conform to the plan. Another tool is the use of permits to check actions which impact the environment. The Proclamation also provides an environmental action assessment as an instrument to be applied mandatorily for proposed projects and activities that are likely to have a significant adverse social and environmental impact. Some other tools provided in this chapter are the environmental audit, early warning and disaster preparedness, public awareness, protection of natural heritage, biosafety, among others. The Proclamation provides for pollution control and waste management; as such, it prohibits pollutions, seeks to control hazardous and toxic substances, the management and minimization of waste, the prohibition of import/export of waste, etc.

Full text
English

References - Legislation

Implemented by

Environmental Management Regulations, No. 127 of 2017

Legislation | Eritrea | 2017

Keyword: Authorization/permit, Effluent waste water/discharge, EIA, Environmental standards, Hazardous waste, Inspection, Protection of environment, Waste management, Standards, Hazardous substances

Source: FAO, FAOLEX