People who will be driving a car without a dust bin risk paying an express penalty of Shs 6 million as the National Environment Management Authority (NEMA) introduces tough express penalty scheme for environmental breaches.
Fines of up to Shs 1 billion and prosecution have been stipulated for several offences, including breach of provisions of the NEMA certificates, poor waste disposal, and backfilling wetlands.
“The National Environment Management Authority hereby informs the general public that effective April 1 2023 we shall, in addition to existing criminal prosecution measures; commence an administrative penalty scheme for environment breaches,” said Dr Akankwasa Barirega, the executive director in a statement.
The express penalty scheme is intended to deter non-compliance to environment laws and to prevent environmental degradation through payment of monetary penalties, according to the authority.
Under the express penalty scheme, the offender will be required to pay a fine within the prescribed time frame and in a specific bank account.
Barirega said the fines payable for specific environmental breaches are a computation of currency points where one currency point is equivalent to twenty thousand shillings (Shs 20,000).
“Depositing rubbish/waste on a roadside, or ditch attracts a maximum fine of up to Shs 6 million. Depositing rubbish in a river, stream, lake, pond, canal or channel attracts a maximum fine of up to Shs 6 million. Littering from cars or driving a car without a dustbin attracts a maximum fine of up to Shs 6,000,000,”he said.
Failure to conduct an environmental and social impact assessment and environment risk assessment for the projects will attract a fine not exceeding Shs 1 billion for individuals or fifteen years in prison or both and Shs 6 billion for corporate bodies.
Those who fail to conduct an annual environment audit risk paying a penalty of up to Shs 1 billion or imprisonment not exceeding 15 years or both.
“Failure to display the complete certificate of approval of environmental and social impact assessment is up to Shs 1 billion for an individual and up to Shs 6 billion for a corporate entity,” said Barirega.
According to the authority, destroying, damaging or disturbing a wetland in a manner that has or is likely to have an adverse effect on any plant or animal and failing or refusing to protect a lakeshore in accordance with the regulations will attract a fine of up Shs 3 million each.
Under waste management, leaving rubbish outside residential premises and littering from commercial buildings will attract a maximum fine of up to Shs 6 million each.
Under the management of plastics importing, exporting, manufacturing, using or reusing plastic carrier bags or plastic products made of polymers of ethane (polythene) and propylene that are below 30 microns will attract a fine of up to Shs100 million.
Dealing in activities that result in aggravated pollution or polluting the environment contrary to conditions contained in a pollution control license, discharge or emission of pollutants into the environment contrary to approved standards attracts a maximum fine of up to Shs 6 billion.
Emitting noise in excess of the permissible noise levels and failing to immediately reduce noise to a permissible noise level when required to do so, attracts a maximum fine of up to Shs 10 million each.
Barirega stressed that the authority retains the right to suspend operations of a facility, withdraw a certificate, permit, license and other relevant documentation or to commence prosecution until the fine is paid.
“A person who doesn’t prefer a voluntary fine will be subject to prosecution and imprisonment or a fine as determined by the courts of law. We call upon the general public to strictly observe Environment best practices to avoid being penalised,” he said.