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VOLUME: XIV
ENVIRONMENTAL ASSESSMENT
CHAPTER: 65:07

ARRANGEMENT OF SECTIONS

     SECTION

 

PART I
Preliminary

                1.         Short title

                2.         Interpretation

                3.         Application of Act

                4.         Requirements to undertake an activity

                5.         Ensuring issuance of authorisation

 

PART II
Preparation of Environmental Impact Assessment Documentation

                6.         Requirements for authorisation

                7.         Public participation and scoping exercise

                8.         Terms of reference

                9.         Environmental assessment and statement

 

PART III
Review Process of Environmental Impact Statement

               10.         Public review of statement

               11.         Conduct of public hearing

               12.         Approval of statement

               13.         Appeals

 

PART IV
Authorisation of a Statement

               14.         Validity of an authorisation

               15.         Revocation or modification of authorisation

               16.         Transfer of authorisation

               17.         Decision making by competent authority

 

PART V
Post Environmental Impact Assessment of Implemented Activities

               18.         Monitoring programme and evaluation report

               19.         Environmental audit by competent authority

 

PART VI
Establishment, Management and Functions of Board

               20.         Establishment of Board

               21.         Seal of Board

               22.         Membership of Board

               23.         Association to elect members

               24.         Powers and functions of Board

               25.         Tenure of office of member

               26.         Minister's power to appoint members required to be elected

               27.         Disqualification, removal and resignation

               28.         Filling of vacancies

               29.         Committees of Board

               30.         Election of Chairperson and Vice Chairperson

               31.         Meeting of Board

               32.         Meetings of committees of Board

               33.         Disclosure of interest

               34.         Validity of decisions and acts of Board

               35.         Reports to the Minister

 

PART VII
Executive Secretary, Registration and Certification

               36.         Executive Secretary, etc.

               37.         Registration

               38.         Register

               39.         Procedures for registration

               40.         Certificate of practice

               41.         Registration of non-residents

               42.         Refusal to register

               43.         Suspension of registration

               44.         Removal from the register

               45.         Restoration of name to the register

               46.         Appeal against refusal to register, etc.

               47.         Return of practising certificate to Executive Secretary

               48.         Register to be prima facie evidence

               49.         Offences in connection with the register

 

PART VIII
Disciplinary and other Inquiry

               50.         Inquiries by Board

               51.         Disregard of summons, etc.

               52.         Powers of Board at inquiry

               53.         Disciplinary powers of Board

               54.         Practitioner becoming unfit to practise

               55.         Appeal against decision of Board at inquiry

               56.         Publication of outcome of proceedings

 

PART IX
Financial Provisions

               57.         Revenues of Board

               58.         Financial year

               59.         Accounts and audit

               60.         Annual report

 

PART X
Miscellaneous

               61.         Enforcement of provisions

               62.         Public documents and register

               63.         Confidentiality

               64.         Conflict of interest by practitioner

               65.         Protection from personal liability

               66.         Powers of entry

               67.         Powers to require information

               68.         Trans-boundary environmental impact

               69.         Effect of registration

               70.         Offence and penalty

               71.         Exemptions

               72.         General penalty

               73.         Regulations

               74.         Repeal of Cap. 65:07

               75.         Transitional provisions

               76.         Act to bind State

 

Act 6, 2005,
Act 10, 2011,
S.I. 57, 2012.

An Act to provide for environmental impact assessment to be used to assess the potential effects of planned developmental activities; to determine and to provide mitigation measures for effects of such activities as may have a significant adverse impact on the environment; to put in place a monitoring process and evaluation of the environmental impacts of implemented activities and to provide for matters incidental to the foregoing.

[Date of Commencement: 25th June, 2012]


Part:I Preliminary ss 15

1.       Short title

            This Act may be cited as the Environmental Assessment Act.

2.       Interpretation

            In this Act, unless the context otherwise requires -

            "activity" includes a project, programme, plan or policy;

            "Association" means a body registered under the Societies Act, which adequately demonstrates to the Minister that it is representative of the majority of Environmental Assessment Practitioners practising in Botswana at any given time;

            "Board" means the Environmental Assessment Practitioners Board established under section 20 of the Act;

            "Chairperson" means the Chairperson of the Board;

            "committee" means a committee of the Board;

            "competent authority", in relation to an activity under this Act, means the Department of Environmental Affairs;

            "developer" means a person intending or planning to undertake a new activity or repair or extend an existing activity;

            "Director" means the Director responsible for environmental affairs;

            "environment" includes the physical, ecological, archaeological, aesthetic, cultural, economic, institutional, human health and social aspects of the surroundings of a person;

            "environmental audit" means work done to identify and evaluate compliance of the statement and the residual environmental impact of an existing activity, the effectiveness of mitigation measures and the functioning of monitoring mechanisms;

            "environmental impact" means any positive or negative effects caused by an activity on the environment;

            "environmental impact assessment" means the process and procedure for evaluating and predicting the likely environmental impact of a proposed activity;

            "evaluation report" means a report on studies carried out to ensure that environmental considerations are taken into account when an activity is implemented;

            "local authority" includes a land board;

            "member" means a member of the Board elected, appointed or nominated under section 22;

            "mitigation measures" means the reduction or control of the adverse environmental impact of an activity and includes restitution for any damage to the environment caused by such activity through engineering works, technological improvements, management measures or compensation to ameliorate any loss suffered by a person;

            "practitioner" means an Environmental Assessment Practitioner registered under section 37;

            "project brief" means a description of the likely environmental impact of an activity provided by the applicant as part of the application;

            "register" means a register of practitioners established under section 38;

            "relevant technical department" means a government department or local authority responsible for monitoring an activity undertaken under this Act, by virtue of that department or local authority having the necessary technical expertise to do so;

            "scoping" means consultations with concerned government departments, local authorities, non-governmental organisations, members of the public and any other interested persons, to determine the extent of the likely environmental impact of a proposed activity;

            "statement" means a report of the environmental assessment study;

            "strategic environmental assessment" means a process for evaluating the environmental consequences of proposed policy, plan or programme initiatives in order to ensure that they are fully included and appropriately addressed at the earliest stage of decision making, on par with economic and social considerations;

            "threshold", in relation to an environmental impact assessment of an activity, means a measurable level or limit of an output resulting from the operation of a proposed activity indicative of the activity's environmental impact; and

"terms of reference" means a document which details the main environmental issues which must be addressed in an environmental impact study.

3.       Application of Act

            (1) This Act applies to the activities in respect of which the Minister may prescribe by regulations.

            (2) Regulations made pursuant to subsection (1) shall prescribe -

     (a)     a list of activities which are likely to cause significant adverse effects on the environment, or the locations that may be environmentally sensitive, in respect of which a statement shall be mandatory;

     (b)     threshold determinations of environmental impact assessment with respect to the activities prescribed under paragraph (a); and

     (c)     criteria which shall be used to determine the likely effects of a proposed activity in order to further determine whether or not a statement is required for the activity.

            (3) The Minister may, in writing, upon application for exemption by a person implementing an activity referred to under subsection (2), exempt the activity from the provisions of this Act.

4.       Requirements to undertake an activity

            (1) No person shall undertake or implement an activity prescribed under section 3 unless -

     (a)     such person has applied to a licensing authority for authorisation to undertake such activity and authorisation has been issued under section 12; and

     (b)     the environmental impact of the proposed activity is fully taken into account in accordance with the provisions of this Act.

            (2) Any person who undertakes or implements an activity in contravention of subsection (1) commits an offence and is liable to a fine not exceeding P100 000, or to a term of imprisonment not exceeding five years, or to both.

            (3) A person who contravenes subsection (1) shall rehabilitate the area affected by the adverse environmental impact of the implemented activity.

            (4) In this section, "rehabilitate" means the reinstatement or restoration to a normal or functional environmental state.

            (5) A person who fails to rehabilitate the area referred to under subsection (3) commits an offence and is liable to a fine not exceeding P1 000 000, or to a term of imprisonment not exceeding 15 years, or to both.

5.       Ensuring issuance of authorisation

            (1) A licensing authority shall, before issuing a permit, licence, consent or approval to any person who has applied to implement an activity prescribed under section 3, ensure that authorisation has been issued for the proposed activity in accordance with this Act.

            (2) In this section, "licensing authority" means any authority vested with the responsibility of issuing permits, licences, consent or approval for any of the activities prescribed under section 3.