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Decree No. 338 of 1995 issuing the Implementing Regulation of Environment Law No. 4 of 1994.

Country
Type of law
Regulation
Source


Abstract
The Implementing Regulation is composed of 65 articles divided in IV Sections and 10 Annexes. The Egyptian Environmental Affairs Agency (EEAA) is the main authority and its Chairman is the competent Minister for Environmental Affairs. The EEAA's Board of Directors is the supreme authority in charge of the EEAA and sets its general policy, in particular (i) approves the National Plans for Environmental Protection; (ii) approves the Emergency Environmental Plan for disasters; (iii) prepares draft laws concerning the Environment; (iv) approves experimental projects undertaken by the EEAA; (v) approves norms and standards to ensure that the environment is not polluted; (vi) approves the procedures for the assessment of environmental impacts of projects; and (vii) supervises the Environmental Protection and Development Fund. The Fund's resources are allocated, inter alia, for the following (i) confronting environmental disasters; (ii) pilot projects in the field of natural wealth and environmental pollution protection; (iii) transfer of successful low cost techniques; (iv) financing the manufacture of types of equipment, devices and stations treating environmental pollutants; (v) establishing and operating Environmental Monitoring Networks; (vi) establishing and administering Natural Reserves; (vii) confronting pollution from unknown sources; (viii) financing studies for the preparation of environmental programs and assessing criteria required for preserving the environment; and (ix) participating in financing environmental protection projects undertaken by local administrative agencies and non-governmental organizations.
Section I deals with provisions in matter of soil pollution control, development and environment, dangerous and waste materials. It establishes that the EEAA (i) may resort to any experts so that give their opinions on the assessment of the environmental impact of an establishment intended to be constructed and for which a permit is being requested; (ii) shall take the samples and conduct the appropriate tests that show the impact of establishment activities on the environment; (iii) shall set up an Emergency Plan to confront environmental disasters, divided in 4 phases: prior to the occurrence of disasters, after the immediate occurrence of disasters, clean-up of effects from disasters, and assessing disasters. It states also that (i) handling of hazardous substances and waste shall be prohibited unless a permit (issued against a cash payment) has been issued by the competent body according to the type and use of hazardous substance and waste. This Section deals also with hazardous waste, in particular (i) generation; (ii) collection and storage; (iii) transportation; (iv) treatment and disposal of Hazardous Waste; and (v) packaging of producted or imported hazardous substances.
Section II regards air pollution protection. It establishes inter alia that (i) no machines, engines, or vehicles that produce exhaust waste with pollutants exceeding the maximum limits, established by the EEAA in coordination with the Ministry of Interior, the Ministry of Industry, the Ministry of health, and the Ministry of Petroleum, shall be used; (ii) burning of waste shall be strictly prohibited in residential or industrial areas and it shall take place in special incinerators having provided specifications; (iii) spraying or using pesticides or any other chemical compounds for purposes of agriculture, public health or others shall be prohibited except after complying with the conditions, norms and guarantees set by the Ministry of Agriculture, the Ministry of Health, and the EEAA.
Section III on water pollution control including pollution caused by ships, oil, waste water and discharge; pollution from land-based sources; and legal and administrative proceedings. Section IV contains final provisions. The Regulations are completed by ten Annexes regarding inter alia: Standards and list of permitted discharges into the sea (I); establishments subject to environmental impact assessment (II); environmental impact assessment registration forms (III); protected wild animals and birds (IV); list of forbidden sea discharges (V).
Topics
Chemicals and Waste
Climate and Atmosphere
Date of text
Entry into force notes
This Decree enters into force on the date of its publication in the Official Gazette.
Repealed
No
Serial Imprint
Official Gazette No. 51, 28 February 1995, pp. 2-113.
Source language

English

Legislation Amendment
No
Original title
مرسوم رقم 338 لسنة 1995م بإصدار اللائحة التنفيذية لقانون البيئة رقم 4 لسنة 1994م
Toolkit legislation
Air Quality
Implements