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Somaliland Environmental Management Law No. 79 of 2018.

Country
Type of law
Legislation
Source

Abstract
This Law consisting of 81 articles aims at (i) governing environmental issues by establishing institutions and regulations suitable for the environment); (ii) improving the capacity and rules of local planning and administration to develop the capacity of national management. Article 3 establishes the general principles of environmental management, of which the main ones are (i) right to life, liberty, and security; (ii) erosion prevention and restoration; (iii) elimination of conflicts at all levels; (iv) community awareness and participation; (v) use of renewable resources; (vi) equitable utilization in a sustainable and non-hazardous manner; (vii) preservation of the cultural and natural heritage; (viii) promotion of the most beneficial approach to society or the least harmful to the environment to reduce waste and pollution; (ix) recycling improvement; (x) penalty for the damage caused to the environment; (xi) prevention of environmental damage; (xii) cooperation with other governments to improve the environment; (xiii) precautionary principle.
Responsible body for the protection of the environment is the Ministry of Environment and Rural Development (art.4) whose main tasks are (i) determining the policy to manage, protect the use of the environment; (ii) preparing policies, strategies, objectives and standards for environmental management; (iii) coordinating environmental management issues. Article 6 establishes the Sustainable Development Advisory Committee with the following main functions (i) proposing guidelines and coordinating environmental policies; (ii) liaison with the ministry and local stakeholders; (iii) recommending to the Minister policies and strategies for managing the environmental and biodiversity protection as well as the utilization of the country's resources. The Law provides in Section V for an Environmental Impact Assessment to be carried out for a series of projects, detailed in Appendix 2, and all the procedures to be followed are indicated in the Section. A Standards Implementation and Review Committee shall be established at the Ministry with the following main tasks (i) advise the Ministry to develop a water quality measurement system; (ii) suggest the quality level of water different types (drinking water, industrial water, water used for agriculture, water used for recreational purposes); (iii) establish measures to protect fish and wildlife; (iv) establish rules for sustainable both marine and freshwater fishing; (v) advise the Ministry on issues related to the study of water pollution and its impact on the environment, humans, plants and animals; (vi) establish a system for detecting water quality and pollution. To implement land irrigation projects, sewer systems, manufacturing industries, or other activities that may result in wastewater discharge into the environment, it is necessary to provide accurate information to the Ministry and report in writing on the amount and quality of that liquid waste (art.23). Furthermore, article 25 establishes that no one may be allowed to emit liquid waste without a permit and the payment of legal fees.
Air quality issues are dealt with in article 28, including the measures to be taken by the Standards Implementation and Review Committee in this regard. Article 29 establishes that protected areas can be declared by the Ministry. A big part of the Law is dedicated to the waste, managed by the Standing Committee on Standardization and Review, including licenses, hazardous waste and its import and transport, and release into the water, while article 41 distinguishes between toxic and hazardous chemicals and their risk to human and environmental health. The Law concerns also pesticides and applications for their and other toxic substances registration (art.44 and following). An order for the restoration of the environment can be issued by the Ministry as for article 55 (i) against someone to repair (restore) the environment and make it as it was before the damaging act took place; or (ii) to prevent the recipient from taking any action that could harm the environment.
The Law deals also with the following items (i) noise and permissible sound levels; (ii) iodine and other radiation rates; (iii) bad odor levels; (iv) violations.
Date of text
Entry into force notes
This Law enters into force on the date of its publication in the Official Gazette.
Notes
The English text attached contains only the translation of the Index.
Repealed
No
Source language

English

Legislation Amendment
No
Original title
Xeerka Maareynta Deegaanka Xeer Lr. 79/2018.