This content is exclusively provided by FAO / FAOLEX

Environmental Impact Assessment Act 2003 (Act No. 16 of 2003).

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source

Keywords

Abstract
The Act consists of 24 sections divided into 5 Parts: Preliminary (I); Functions and powers (II); Environmental impact assessment (III); Offences (IV); Miscellaneous (V).
Section 4 makes the Minister of Environment responsible for the proper administration of this Act. The Minister may delegate functions to the Director of the Department of Environment pursuant to section 5. All major projects, i.e. any development activity listed in the Schedule or determined by the Minister under this Act, shall be supported by an appropriate environmental impact assessment, conducted as required under this Act (sect. 6). Foreign impact assessments may be accepted by the Minister under section 7. The Minister shall determine an assessment for a major project taking into account criteria set out in section 8. Sections 10 to 12 deal with applications and procedures of decision making. All major projects shall be referred to the Environmental Assessment Committee established under section 13 (sect. 12). The Environmental Assessment Committee shall review and recommend to the determining authority, i.e. any authority which is responsible for issuing of a license or approval before any development activity proceeds, any conditions to be attached to major projects and the means by which they should be implemented, and shall in particular carry out functions set out in section 14. No major project application shall proceed, unless it has satisfied the appropriate environmental impact assessment requirements under this Act and approved in the prescribed form (sect. 16). Any person who fails to comply with environmental conditions required under this Act commits an offence. Where a person is charged with an offence under this Act, the activity for which that person is charged must cease immediately. Section 22 concerns offences by corporations. Regulation making powers of the Minister are set out in section 24.
Long title of text
An Act to provide for the application of environmental impact assessment to the planning of development projects within the Kingdom and matters related thereto.
Notes
Consolidated version of Act No. 16 of 2003, as last amended by the Act No. 5 of 2012, is attached (2020 Revised Edition).
Repealed
No
Source language

English

Legislation Amendment
No