OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA 9th Year No. 7 ADDIS ABABA - 31 " October , 2002 CONTENTS Proclamation No. 295/2002 Environmental Protection Organs Establishment Proclamation Page 1939 PROCLAMATION NO . 295/2002 A PROCLAMATION PROVIDED FOR THE ESTABLISHMENT OF ENVIRONMENTAL PROTECTION ORGANS WHEREAS , assigning responsibilities to separate or possible conflicts of intrests and duplication of efforts ; WHERE AS , it has become necessary to establish a system that fosters coordinated but differentiated respon and regional levels ; NOW , THEREFORE , in accordance with Article 55 ( 1 ) of the Constitution of the Federal Democratic Republic of Ethiopia , it is hereby proclaimed as follows : live , PART ONE General 1. Short Title : This Proclamation may be cited as the “ Environmental Protection organs Establishment proclamation No. 2. Definition Unless the context requires otherwise , in this proclamation : 1 ) “ Authority ” means the Environmental Protection Authority re - established under Article 3 of this proclamation ; Unit Price The African Law Archive 31 “ October , 2002- ~ Page 1940 2 ) “ Competent Agency ” means any federal or regional government organ entrusted by law with a respon sibility related to the subject specified in the provisions where the term is used ; 3 ) “ Environment ” means the totality of all materials whether in their natural state or modified or changed by human , their external spaces and the interactions which affect their quality or quantity and the welfare of human or other living beings , including but not restricted to , land atmosphere , weather and climate , water , living things , sound , odor , taste , social factors , and aesthetics ; Environmental Protection Organs ” means the Authority , the Council , the Sectoral and Regional environmental units and agencies mentioned under Article 14 and 15 of this Proclamation ; 5 ) “ Hazardous substance ” means any substance in the solid , liquid or gaseous state , or any plant , animal or microorganism that is injurious to human health or the environment ; 6 ) “ Protection ” means sustaining of the essential characteristics of nature and enhancing the capactiy of the natural resource base with a view to safeguar ding the interest of the present generations without compromising the opportunity for the future ; 7 ) “ Person " means any natural or juridical person ; 8 ) “ Region ” means any of those parts of Ethiopia specified as Regions under Article 47 ( 1 ) of the Constitution of the FederalDemocatic Republic of Ethioia and for the purpose of this Proclamation , includes the Addis Ababa and Dire Dawa Adminis trations ; 9 ) " Regional Environmental Agency ” means any regional government organ entrusted , by that Region , with a responsibility for the protection or regulation of the environment and natural resources . PART TWO Environmental Protection Authority Establishment 1 ) The Authority is hereby re - established as an autonomous public institution of the Federal Gover nment . 2 ) The Authority shall be accountable to the Prime Minister . The Head office of the Authority shall be in Addis Ababa and it may have branch offices as necessary . 5. Objective of the Authority The objective of the Authority is to formulate policies , strategies , laws and standards , which foster social and economic development in a manner that enhance the welfare of humans and the safety of the environment sustainable , and to spearhead in ensuring the effec tiveness of the process of their implementation . 6. Powers and Duties of the Authority The Authority shall have the powers and duties to : 1 ) coordinate measures to ensure that the environmen tal objectives provided under the Constitution and the basic principles set out in the environmental Policy of Ethiopia are realized ; 2 ) prepare , review and update , or as necessary , cause the preparation of environmental policies strategies and laws in consultation with the competent agen cies , other concernred organs and the public at large and upon approval , nonitor and enforce their im plementation ; The African Law Archive 3 ) liaise with competent agencies in the field of environmental protection and rehabilitation and support them in capacity development ; 4 ) establish a system for environmental impact assess ment of public and private projects , as well as social and economic development policies , strategies , laws , and programmes ; 5 ) where projects are subject to federal licensing , execution or supervision or where they are likely to entail inter- regional impacts , review environmental impact study reports of such projects and notify its decision to the concerned licensing agency and , as may be appropriate , audit and regulate their im plementation in accordance with the conditions set out during authorization ; 6 ) in cooperation with competent agencies , carry out studies to combat desertification and / or mitigate the effects of drought and prepare corrective measures and create favourable conditions for their implemen tation ; 7 ) in consultation with the competent agencies , set environmental standards and ensure compliance with those standards ; 8 ) in consultation with competent agencies , take part in the negotiations of international environmental agreements and , as appropriate , initiate or cause the initiation of a process of their ratification ; 9 ) in consultation with the competent agencies , for mulate , or initiate and coordinate the formulation of policies , strategies , laws and programs to implement international environmental agreements to which Ethiopia is a party ; and upon approval , ensure their implementation ; 10 ) in consultation with competent agencies , formulate environmental safety policies and laws on the production , importation , management utilization of hazardous substances or wastes ; as well as on the development of genetically modified organisms and the importation , handling and utilization of genetically modified and alien species , and upon approval , ensure their implementation ; 11 ) in cooperation with the competent agencies , prepare or cause the preparation of environmental cost benefit analysis formulate and an accounting system to be used in development plans and investment programs and , as the case may be , monitor their application ; 12 ) in consultation with the competent agencies , propose incentives or disincentives to discourage practices that may hamper the sustainable use of natural resources or the prevention of environmental de gradation or pollution ; 13 ) in consultation with the competent agencies , es tablish an environmental information system that promotes efficiency in environmental data collec tion , management and use ; 14 ) coordinate , promote and , as may be appropriate , carry out research on environmental protection ; 15 ) in accordance with the provisions of the relevant laws , enter any land , premise or any other place that falls under the federal jurisdiction , inspect anything and take samples as deemed necessary with a view to discharging its duty and ascertaining compliance with environmental protection requirements ; 16 ) prepare and avail to the government as well as the public a periodic report on the state of the environ ment of the country ; The African Law Archive 17 ) promote and provide non - formal environmental education programs , and cooperate with the com petent agencies with a view to integrating environ mental concerns in the regular educational curricula ; 18 ) promote or assist in the formulation of environmen tal protection action plans and projects and solicit support for such action plans and projects ; 19 ) prepare directives to implement environmental protection laws and , upon approval , ensure their implementation ; 20 ) advise and , as feasible and subject to the consent of the Environmental Council , provide financial as well as technical support to any organization or individual having as its objective the management and protec tion of the environment ; 21 ) provide advice and support to regions regarding the management and protection of the environment ; 22 ) provide advice to competent agencies regarding the discharge of their obligations under Proclamation or under other laws pertaining to environmental protection and , as appropriate , give recommendations to the government regarding measures necessary to ensure compliance ; 23 ) advise the Government on measures necessary to cope with environmental emergency situations ; 24 ) delegate some of its powers and duties , as it may be deemed appropriate , to other agencies ; 25 ) own property , enter into contracts and sue and be sued ; and 26 ) carry out such other activities as are necessary for the fulfillment of its objectives . The Authority shall have : 1 ) an Environmental Council herein after referred to as the " Council " . 2 ) a Director General and a Deputy Director General appointed by the Government ; and 3 ) the necessary staffs . 8. Members of the Council The Council shall have the following members : ( a ) the Prime Minister or his designate ( Chair ( b ) members to be designated by the Federal Government . ( c ) a representative designated by each National Regional State , ( d ) a represetative of the Ethiopian Chamber of Commerce , ( e ) a representative of local environmental non governmental organizations , and ( f ) a representative of the Confederation of Ethiopian Trade Unions , and ( g ) The Director General of the Authority . 9. Responsibilities of the Council The Council shall : 1 ) review proposed environmental policies , strategies , and laws , and issue recommendations to the govern ment ; 2 ) based on report submitted to it by the Authority , evaluate and provide appropriate advise on the implementation of the environmental policy of Ethiopia ; 3 ) review and approve directives , guidelines and en vironmental standards prepared by the Authority . 10. Meetings of the Council 1 ) The Council shall hold its regular meetings once every six months , but it may also , at any time , hold extraordinary meetings whenever deemed neces sary . In Law Ardiamond The African Law Archive 2 ) " There shall be a quorum when a simple majority of the members are present . 3 ) Decisions of the Council shall be passed by a majority vote and , in case of a tie , the Chairperson shall have a casting vote . 4 ) Without prejudice to the provisions of this Article , the Council may draw up its own rules of procedure . 11. Powers and Duties of the Director General 1 ) The Director General shall be the head of the Authority and , as such , shall direct and administer the activities of the Authority . 2 ) Without limiting the generality stated in Sub - Article ( 1 ) of this Article , the Director General shall : ( a ) exercise the powers and duties of the Authority specified in Article 6 of this Proclamation ; ( b ) employ and administer employees of the Authority in accordance with the federal civil service laws ; ( c ) prepare and , upon approval , implement the annual work programme and budget of the Authority . ( d ) effect expenditure in accordance with the approved budget and work programme of the Authority ; ( e ) represent the Authority in all its dealings with third parties ; and ( f ) submit reports on the activities of the Authority . 3 ) The Director General may , to the extent necessary for the efficient performance of the activities of the Authority , delegate part of his powers and duties to the Deputy Director General , and to other officials and employees of the Authority . 12. Powers and Duties of the Deputy Director General 1 ) The Deputy Director General shall , in accordance with directives given by the Director General : ( a ) support the Director General in planning , organizing , directing and coordinating the activities of the Authority ; ( b ) perform other activities directed by the Direc tor General . 2 ) In the absence of the Director General carry out the powers and duties of the Director General . የሂሣብ | 13. Budget and Books of Account 1 ) The Federal Government shall allocate the budget of the Authority . 2 ) The Authority shall keep complete and accurate books of accounts . 3 ) The Authority's books of accounts and financial documents shall be audited annually by the Auditor General or by other auditors designated by him . PART THREE Sectoral and Regional Environmental Units and Agencies 14. Sectoral Environmental Units Every competent agency shall establish or deisgnate an environmental unit that shall be responsible for coor dination and follow - up so that the activities of the competent agency are in harmony with this Proclamation and with other enviromental protection requirements . 15. Regional Environmental Agencies 1 ) Each national regional state shall establish an in dependent regional environmental agency or desig nate an existing agency that shall , based on the Ethiopian Environmental Policy and Conservation Strategy and ensuring public participation in the decision making process , be responsible for ; ( a ) coordinating the formulation , implementation , review and revision of regional conservation strategies , and , ( b ) environmental monitoring , protection and regulation . The African Law Archive 2 ) Regional environmental agencies shall ensure the implementation of federal environmental standards or , as may be appropriate , issue and implement their own no less stringent standards . 3 ) Regional environmental agencies shall prepare reports on the respective state of the environment and sustainable development of their respective states and submit them to the Authority . PART FOUR Miscellaneous Provisions 16 Repealed Laws 1 ) Environmental Protection Authority Establishment Proclamation No. 9/1995 is hereby repealed . 2 ) All laws inconsistent with this Proclamation are inapplicable regarding matters provided herein . 17. Effective Date This Proclamation shall enter into force as of the 31st day of October , 2002 . Done at Addis Ababa , this 31 " day of October , 2002 . PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA The African Law Archive