This content is exclusively provided by FAO / FAOLEX

Environmental Protection and Management Act 2024.

Country
Type of law
Legislation
Source

Abstract
The principles of the Act are similar to the principles contained in the National Environmental Policy of Somalia. These are: precautionary principle, right to a clean environment, Environmental Impact and Social Assessment, polluters pay principle, sustainable development, waste minimization. The objectives of this Act are: 1. To promote a clean and healthy environment for all Somalis; 2. To prevent, control, monitor and respond to pollution; 3. To enrich the understanding of the ecological systems and natural resources important to the Somali Nation. 4. To protect people, animals and plants, their biological communities and habitats against harmful effects, pollution, nuisances and to preserve the natural foundations of life sustainably, in particular biological diversity and the fertility of the soil. 5. Apply appropriate natural resource management techniques and restoration of lost or damaged ecosystems. 6. To promote sustainable development with respect to the management of the environment and natural resources; 8 7. To reduce the production of wastes, and to promote the environmentally sound management and disposal of all wastes. 8. To define the institutional set up at the Federal and member state levels. 9. To promote international cooperation between Somalia and other states in the field of environment. 10. To assess carefully the environmental impacts that as a result of oil and gas exploitation/extraction and other mineral resources.
Chapter 3 provides for the Institutional Structure. The Ministry of Environment and Climate Change is the national institution responsible for the management and protection of the Somali environment. It is also responsible in addressing the impacts of climate change. The Act also establishes the Environmental Trust Fund and recommends the establishment of the National Environmental Council clarifying responsibilities. Chapter 4 regulates Environmental Audit and Monitoring and powers of inspectors.
Chapter 4 entails Environmental Information, this include: information that owners or operators of installations which may discharge effluents or other pollutants into the environment shall notify the Ministry; freedom of information and duty of Ministry to inform the public adequately about environmental protection and levels of environmental pollution; Ministerial reports on state of the environment of Somalia to be submitted to the Council of Ministers and the House of the Representative and the Senate of the Federal Parliament. Chapter 6 regulates Environmental Pollution and provides for: air quality principles, standards, licensing and taxes; water pollution principles, standards; noise and vibration pollution; noxious smell standards. Chapter 7 is dedicated to control of Hazardous Substances; licences, radiation pollution, oil operations and pollution, environmental emergency management, management of Ozone Depleting Substances. Chapter 8 concerns protection of land and requires the relevant ministries to issue environmental guidelines and prescribe environment protection measures: in the land use planning system to ensure rehabilitation of degraded land, inclusion of traditional and indigenous methods where appropriate; for a sustainable use and protection and management of all forest; for protection of wetlands; for protection of rivers; protection of mountains; protection of natural heritage sites; and management of rangelands.
Chapter 9 is climate change recommendations to the Ministry on programmes to address Climate Change; Chapter 10 recommendations on laboratories and analysis of Environmental Samples. Chapter 11 concerns Environmental and Social Impact Assessments procedures, monitoring system, reporting and licensing. Chapter 12 is Environmental Restoration; obligation to remediate, responsibility of costs and orders. Chapter 13 waste Management and prohibition of solid waste pollution. Chapter 14 requires the Ministry to shall formulate, apply and enforce policies and programs for the protection of the biodiversity of Somalia; this entails control and eradication of invasive species, protection and conservation of Somalia’s endemic species, the recognition, protection and application of traditional knowledge, declaration and management of protected areas, protection of wild animals and birds. Chapter 15 concerns protection of Marine Resources and Coastal Zone. Chapter 16 Offences, Chapter 17 enforcement.
Date of text
Repealed
No
Source language

English

Legislation Amendment
No