Environmental Impact Assessment as a tool for enforcing Environmental Law in the Oil and Gas Industry in Uganda


The Investment Code, No. 18 of 1987



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ENVIROMENTAL LAW COURSEWORK

3.8 The Investment Code, No. 18 of 1987.
This Code empowers the Uganda Investment Authority (UIA) to, among other things, attract and coordinate all local and foreign investments in the country to enhance economic development. Section 19 of the code requires every investment license to take necessary steps to ensure that the operation of its business enterprise does not cause any injury to the ecology or the environment.
3.9 The Wetlands Policy, 1995.
This policy provides that all proposed modifications and restorations on wetlands be subjected to EIA and that damaged wetlands be rehabilitated in accordance with the findings of the EIA.It also requires that all planned new wetland developments be subjected to EIA to determine the environmental controls. Those which have been subjected to EIA will continually be monitored to assess their impact on the environment where the impact is detrimental, government will require that such development be halted.
3.10 The petroleum (exploration, development and production) act, 2013
The Act was established to give effect to article 244 of the Constitution; to regulate petroleum exploration, development and production; to establish the Petroleum Authority of Uganda; to provide for the establishment of the National Oil Company; to regulate the licensing and participation of commercial entities in petroleum activities; to provide for an open, transparent and competitive process of licensing; to create a conducive environment for the promotion of
exploration, development and production of Uganda's petroleum potential; to provide for efficient and safe petroleum activities; to provide for the cessation of petroleum activities and decommissioning of infrastructure; to provide for the payment arising from petroleum activities; to provide for the conditions for the restoration of derelict lands; to repeal the Petroleum (Exploration and Production) Act, Cap 150; and for related matters.
Under section 3 of the act A licensee shall ensure that the management of production,
transportation, storage, treatment and disposal of waste arising out of petroleum activities is carried out in accordance with environmental principles and safeguards prescribed under the National Environment Act62 and other applicable laws.
Under section 47(3) before when a minister carries out an evaluation of new areas which have not been licensed before63 an assessment shall be made of the impact of the petroleum activities on trade, industry and the environment, and of possible risks of pollution, as well as the economic and social effects that may result from the petroleum activities.
Under section 76(1)(f) there the petroleum production license must contain a requirement to carry out an Environmental Impact Assessment. It is also important to note that under section 186 Subject to the Constitution, the National Environment Act and the Access to Information Act, 2005, this Act shall takes precedence overall existing Acts relating to petroleum activities in Uganda and where there is a conflict between the provisions of this Act and any other written law, the provisions of this Act shall prevail.

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