Environment Protection Act

Chapter number: 
71
In force: 
Yes

 

EDITORS' NOTE: The digital versions of legislation accessible through SeyLII are UNOFFICIAL and provided solely in the interests of increasing access to legal information.  Their currency and accuracy cannot be warranted.  Official versions of Seychelles legislation can only be obtained in hard copy from the Attorney-General’s Chambers, Department of Legal Affairs

 

CONSOLIDATED TO 30 JUNE 2012

 

LAWS OF SEYCHELLES

CHAPTER 71

 

Act 9 of 1994

Act 15 of 1998

S.I. 73 of1994

 

ENVIRONMENT PROTECTION ACT

[1st March, 1995]

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

1.   Short title and application

2.   Interpretation

3.   Object of the Act

PART II

ADMINISTRATION

4.   The Authority for environment protection and its functions

5.   The National Environmental Advisory Council

PART III

PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUTION

6.   Standards

7.   Water quality management, protection of surface water, ground water and soil

8.   Air

9.   Noise

10.Ozone Protection

11.Coastal Zone its management and protection

12.Waste

13.Minimization of waste

14.Hazardous substances

PART IV

ENVIRONMENT IMPACT ASSESSMENT

15.Environment Impact Assessment Study and authorisation for particular projects and activities

PART V

ENFORCEMENT

16.Enforcement notice

17.Prohibition notice

18.Variation notice

19.Withdrawal notice

20.Appeals

21.Enforcement powers and authorised officers

22.Powers of entry, inspection and seizure

23.Declaration of environmental emergency

24.Power of arrest

25.Power to take samples

26.Laboratories

27.Government Analyst

28.Reports of Government Analyst

PART VI

OFFENCES, PENALTIES AND PROCEDURES

29.Fixed penalty

30.Failure to comply with specific provisions

31.Penalty for certain acts

32.Civil Liability

33.Offences by companies

34.Savings

PART VII

MISCELLANEOUS PROVISIONS

35.Delegation of powers

36.Furnishing of information to the authority in certain cases

37.Authority empowered to collect information

38.Confidentiality of information

39.Protection of officers for action taken in good faith

40.Power to make regulations

----------------------

PART I

PRELIMINARY

1.      (1)     This Act may be cited as the Environment Protection Act.

(2)     This Act binds the Republic.

2.      In this Act, unless the context otherwise requires:

"abatement" means the reduction or removal of environmental pollution to the permitted or prescribed levels;

"activity" means  any process or operation whether commercial , industrial, domestic or agricultural on premises or by means of a mobile plant.

" Administrator" means the  administrative head of the Authority as notified by the Minister;

"Ambient Air Quality" means the average atmospheric purity as distinguished from discharge measurements taken at the source of pollution.

"Agency" means the Agency designated under section 12;

"Authority" means the Authority referred to in section 4;

"Council" means the National Environment Advisory Council established under section 5;

"dumping"  means   any deliberate disposal of wastes or other matter from vehicles, vessels, aircraft,  platforms or  other man?made structures at sea;

"effluent" means waste water or any other liquid with or without particles of matter in suspension therein of domestic, agricultural, trade or industrial origin, treated or untreated, and discharged directly or indirectly into the environment.

"emission" means the act of passing into the atmosphere of any solid or liquid or gaseous substance coming out of  any chimney, duct or flue or any other outlet or from a known source;

"environment" means air, water and land and the inter?relationship which exists among and between air, water and land, and human beings, other living creatures, plants, micro?organisms and property;

"hazardous substance"  means any substance or preparation which by reason of its chemical or physico?chemical properties or handling , is liable to cause harm to human beings, other living creatures, plants, micro?organisms, property or the environment;

"hazardous waste" means waste which is poisonous, corrosive, irritant, noxious, explosive, inflammable, toxic or harmful to the environment;

"pollutant" means any solid, liquid or gaseous substance or energy present in such concentration as may be, or tend to be, injurious to environment;

"pollution" means the presence in the environment of  one or more pollutants;

"polluter"  means a person who contributes to or creates a condition of pollution;

"prescribed" means prescribed by regulations under this Act.

"wastes" means garbage, refuse, sludges, construction debris and other discarded substances resulting from industrial and commercial operations or from domestic, individual and community activity.

"water quality" means the characteristics of water which define its use in terms of  physical, chemical and biological contents;

"watercourse" includes any river, stream, dam, reservoir, water catchment and wetlands;

"wetland" includes all freshwater and tidal areas that are or may be submerged or periodically submerged under fresh or salt water, including all bodies or areas commonly referred to as marshes, swamps, beaches and flats.

3.      The principal object of this Act is  to provide for the protection, improvement and preservation of the environment and for the prevention, control and abatement of environmental pollution.

PART II

ADMINISTRATION

4.      (1)     The Authority for the purposes of this Act shall be the Ministry or Department of the Government under the Minister having the Portfolio responsibility for Environment or a corporate body set up under subsection (2), as the case may be.

(2)     Subject to subsection (3), the Minister may by order published in the Gazette constitute an Authority which shall be a body corporate, with such name and for carrying out such of the powers and functions under this Act as may be specified in the order.

(3)     The Minister, in the exercise of the powers under subsection (2), may constitute different Authorities as bodies corporate for carrying out different powers and different functions under the Act as may be specified in the orders constituting such Authorities.

(4)     An order made under subsection (2) or subsection (3) may provide for ?

(a)     any matter relating to the assets, capital, funds, finance, administration and management of the Authority constituted by such order;

(b)     any matter necessary for better carrying out the functions of such Authority.

(5)     Functions of the Authority are to ?

(i)      implement policies and programmes in pursuance of the national objectives on environment protection.

(ii)     co?ordinate the activities of other agencies concerned with the protection of the environment –

(a)     under this Act; or ;

(b)     under any other law for the time being in force which is relatable to the objects of this Act.

(iii)    evolve standards for the quality of the environment in its various aspects and for emission or discharge of environmental pollutants from various sources whatsoever;

(iv)    commission research and sponsor studies on problems relating to environmental pollution;

(v)     examine such manufacturing processes, materials and substances as are likely to cause environmental pollution;

(vi)    identify areas in which any activity shall not be carried out or shall be carried out subject to certain safeguards;

(vii)   evolve procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents;

(viii)  collect and disseminate information in respect of matters relating to environmental protection;

(ix)    co?ordinate actions required in a state of environmental emergency or any other situation which may pose a serious threat to the environment.

(x)     prepare manuals, codes or guidelines relating to environmental protection and for the  prevention, control and abatement of pollution and;

(xi)    carry out such other matters as the Minister may assign for the purpose of securing the effective implementation of the provisions of this Act.

(6)     The Authority shall be responsible to the Minister for carrying out the functions under this Act  and for the discharge of any other functions that may be assigned to it by the Minister.

(7)     There shall be appointed within the Authority  such officers as may be necessary for the proper discharge of the functions of the Authority under this Act.

(8)     The officers of the Authority shall be under the direct administrative control of the Administrator.

(9)     The Authority may establish as and when deemed necessary, such Technical or Advisory Committee or Committees as it thinks fit, to advise on matters pertaining to the scientific and technical aspects of environmental protection and management.

(10)   The Authority shall not, in any matter relating to public health under the Public Health Act, exercise its functions under this Act, except in consultation with the Ministry responsible for health and in accordance with the advice of that Ministry.

(11)   Subject to subsection (10), the Authority shall not, in any matter that is under the control or supervision of any Ministry, Government Department or Public Authority, act except with prior consultation with that Ministry, department or body.

(12)   Any matter that cannot be resolved by prior consultation under subsection (11) shall be referred to the President whose decision on the matter shall be final.

5.      (1)     There is established by this Act the National Environmental Advisory Council.

(2)     The Council shall consist of such members as are appointed by the Minister from among persons representing the Government Departments, Non?Governmental Organisations and Associations having environment related functions or who in the opinion of the Minister are knowledgeable in matters relating to environment.

(3)     The functions of the Council shall be to ?

(a)     consider any matter affecting the quality of the environment and report to the Minister;

(b)     advise the Minister on the state of the environment and make recommendations regarding actions and measures for environment protection and for improvement of the quality of the environment;

(c)     consider any other matter that may be referred to it by the Minister.

(4)     The Minister shall appoint one of the members of the Council as its Chairman.

(5)     A member of the Council, other than a representative of a Government Department, Non?Governmental Organisation and Association shall hold office for a period of three years and shall be eligible for re?appointment.

(6)     The Council may co?opt any person as a member whose membership is considered necessary by virtue of the knowledge and experience of that person in environmental matters.

(7)     The Council shall meet at such time and at such places as the Chairman may determine.

(8)     One third of the members of the Council shall constitute a quorum.

(9)     The Council shall regulate its own proceedings in such manner as it thinks fit.

(10)   The Secretary of the Council shall be nominated by the Administrator.

PART III

PREVENTION, CONTROL AND ABATEMENT OF ENVIRONMENTAL POLLUTION

6.      The Minister may, on recommendations from the Authority, prescribe standards for ?

(a)     quality of air, water or soil for various areas and purposes.

(b)     effluent limitations for existing and new point sources.

(c)     emissions of air pollutants from mobile and stationary sources;

(d)     noise emissions from various sources including construction sites, plants, machinery, motor vehicles, aircraft, industrial and commercial activities;

(e)     odours as are required to preserve and maintain public health and the environment;

(f)     pesticide residues in the environment.

7.      (1)     The Minister may by regulations provide for ?

(a)     the preservation of fishing areas, aquatic areas, drinking water sources and reservoirs, recreational and other areas where water may need  special protection and;

(b)     carrying out works which appear to be necessary to prevent, control or abate water pollution from natural causes or from abandoned works or projects or activities.

(2)     (a)     The Minister may, on the recommendation of the Authority, classify all waters in Seychelles based on their best usage.

(b)     The Authority shall in making its recommendations have regard to section 4(10) and (11) and take into consideration the following factors?

(i)      the existing quality of the body of water at the time of classification;

(ii)     the size, depth, surface area covered, volume, direction and rate of flow, gradient of stream; and

(iii)    the most beneficial use and value for public water supplies, propagation of fish, recreational purposes, agricultural, industrial and other legitimate uses.

(c)     Where the public interest so requires the Minister on the recommendation of the Authority, may re?classify a body of water based on intended beneficial use and take such  steps as may be necessary to upgrade the quality of such water.

(d)     Where the quality of the water has deteriorated to a degree where its state shall adversely affect its best usage, the Authority, in co?ordination with other public bodies associated with water quality management may take measures as deemed necessary to upgrade the quality of such waters to meet the prescribed water quality standards.

(3)     (a)     The Minister may, in consultation with the Minister in charge of water resources, by notice in the gazette declare a protection zone for the purposes of protecting the catchment areas used for abstracting water for supplying to the Community.

(b)     The Minister may by regulations prohibit or regulate in the protection zone activities which may affect the quality of the water directly or indirectly.

(4)     (a)     No person shall, without an authorisation from the Authority, discharge or place into the ground or dispose of in the sub?soil or dig into the ground any  polluting or hazardous substance or waste.

(b)     An authorisation issued under paragraph (a) above may be modified or revoked at any time by the Authority, if there is a risk of pollution of the water?supply source or for any other consideration for the protection of the environment.

(c)     An owner or user of any land shall immediately notify to the Authority any incidents of pollution of the soil or sub?soil owned or used by such owner or user.

(5)     No person shall, without an authorisation from the Authority, discharge any effluent or throw , deposit, or place any polluting or hazardous substance or waste or any obstructing matter into in any watercourse or in the territorial waters.

(6)     A person who contravenes subsection (4)(a) or (5) is guilty of an offence under this Act.

8.      (1)     The Minister, on the recommendations of the Authority may, declare by notice in the gazette any area as an air pollution control area for the purposes of this Part.

(2)     No person shall, without an authorisation from the Authority , cause any emission in an air pollution control area.

(3)     No person shall, without an authorisation from the Authority, establish or operate any industrial plant in an air pollution control area.

(4)     The Authority may grant the authorisation for such period and with such conditions as it may specify.

(5)     An authorisation may be revoked at any time if the conditions under which it was granted are violated.

(6)     The Minister may by regulations ?

(a)     prescribe controls for the use of any fuel or any appliance which may cause or is likely to cause air pollution;

(b)     prohibit the burning of any material (not being fuel),

in an air pollution control area.

(7)     For the purpose of this Part the Authority may establish monitoring stations or networks to locate sources of atmospheric pollution.

(8)     A person who contravenes subsection (2) or (3) is guilty of an offence under this Act.

9.      (1)     The Minister may, on the recommendations of the Authority, by regulations, establish  noise emission standards and such noise abatement measures as may be necessary to preserve the environment.

(2)     No person shall emit noise in excess of the noise emission standards established under this Part, except where an authorisation has been granted by the Authority allowing excessive emission of noise under such terms and conditions as it may determine.

(3)     The terms and conditions of an authorisation under sub?section (2) shall include compliance with such measures required to adequately protect persons exposed to excessive levels of noise.

(4)     A person who contravenes subsection (2) is guilty of an offence under this Act.

10.    (1)     The Authority may undertake to study data and recognize national and international developments regarding the cumulative effect of any substance, practice or activity  on the stratosphere and which may reasonably be anticipated to endanger the environment.

(2)     The Authority may make recommendations to the Minister and undertake programmes for the control of any substance, practice, or activity which may reasonably be anticipated to endanger the environment.

(3)     The Minister may by regulations provide for the control of any substance, practice,  or activity which may reasonably be anticipated to endanger the environment.

(4)     For the purposes of this section, "stratosphere" means the part of the atmosphere above the troposphere.

11.    (1)     The Minister may by order published in the Gazette declare one or more Coastal Zones.

(2)     (a)     The Authority shall make or cause to be made a survey of the Coastal Zone and prepare or cause to be prepared an Integrated Coastal Zone Management Plan based on the report of such a survey. 

(b)     The Authority shall, from time to time, review the Coastal Zone Management Plan prepared under paragraph (a), as the circumstances may require.

(3)     The report of a survey shall include ?

(a)     an inventory of all structures, roads, excavations, harbours, outfalls, dumping sites and other works located in the Coastal Zone;

(b)     an inventory of the state of the coral reefs, mangroves and marshes found within the coastal zone;

(c)     an inventory of all commercially exploitable mineral deposits, both proven and suspected, located within the Coastal Zone;

(d)     an inventory of all areas within the Coastal Zone of scenic value or of value for recreational purposes;

(e)     an inventory of all estuarine or wetland areas within the Coastal Zone with an indication of their significance as fisheries or wildlife habitat;

(f)     an inventory of all areas within the Coastal Zone of special value for research regarding coastal phenomena, including fisheries and  sea erosion, littoral movements and related subjects;

(g)     an estimate of the quantities of sand, coral, sea shells and other substances being removed from the Coastal Zone;

(h)     an estimate of the impact of  erosion on the Coastal Zone;

(i)      an estimate of the extent, nature, causes and sources of coastal pollution and degradation;

(j)      any other relevant data or information that may be deemed  necessary.

(4)     No person shall release or cause to be released into the Coastal Zone such polluting or hazardous substances by dumping or through the atmosphere.

(5)     (a)     The Minister may make such regulations as deemed necessary to ensure that activities in the Coastal Zone are so conducted as not to cause damage to the environment and to provide for such measures as are necessary to prevent, reduce and control pollution in the Coastal Zone.

(b)     Notwithstanding the generality of paragraph (a), the regulations may provide for ?

(i)      the control and prevention of pollution of the marine environment from land?based sources, including rivers, estuaries, pipelines and outfall structures;

(ii)     such other matters relating to the preservation and conservation of the Coastal Zone.

(6)     A person who contravenes subsection (4) is guilty of an offence under this Act.

12     (1)     The Minister shall prescribe –

(a)     standards for the classification and analysis of wastes and on standard treatment and disposal methods;

(b)     regulations on the introduction, production, possession, handling, storage, transportation, segregation and disposal of hazardous waste;

(2)     The Minister shall designate the Agency responsible for the management of wastes.

(3)     No person shall deposit or discharge  waste on any land or cause or permit waste to be deposited or discharged on any land, except in a case where waste is deposited or discharged ?

(a)     the site on which it is deposited or discharged, is a designated waste dump for the type of waste and the waste has been deposited or discharged in accordance with the authorisation from the Agency;

(b)     the waste has been placed in a receptacle adapted for this purpose and there is an arrangement or arrangement has been made for the collection and disposal of the waste; or

(c)     the waste ?

(i)      is of a type which under this Act may be deposited in a public waste bin:

(ii)     has been placed in a receptacle or a public waste bin which is approved by the Agency responsible for the collection and disposal of waste in accordance with the instructions of the Agency:

(4)     No person shall ?

(a)     throw, deposit or place any waste on or in any street or public place;

(b)     drive any vehicle on any street or public place unless any load which is likely to result in the littering or damage of the street or public place is so secured and packed that no part or content of the load may fall, escape or blow on to the street or public place.

(5)     Where part or the content of any load of a vehicle has fallen, escaped or been blown on to a street or public place it shall be presumed unless the driver proves the contrary that the driver  of the vehicle has failed to secure the load as provided in sub?section  (4)(b).

(6)     No person shall dispose of any hazardous waste except in accordance with the authorisation from the Agency.

(7)     No person shall import any hazardous waste into Seychelles.

(8)        (a)     No person shall transport hazardous waste within or through Seychelles without an authorisation from the Agency.

(b)     No person shall export hazardous waste to any country without obtaining an authorisation from the Agency and the prior informed consent of the receiving country.

(9)     The Agency shall ?

(a)     designate, monitor and regulate waste disposal sites;

(b)     monitor the contamination and degradation of the environment arising from the operation of any waste disposal site;

(c)     monitor the safety and health of workers at waste disposal sites;

(d)     maintain the statistical data on the nature, quantity and volume of  waste generated, and on sites and waste processing, where waste disposal is taking or has taken place;

(e)     do all such things as appear to be reasonably necessary for the monitoring and control of waste.

(10)   A person who contravenes subsection (3) or subsection (4)(a) or (b) or subsection (6) or subsection (7) or subsection (8)(a) or (b) is guilty of an offence under this Act.

13.    With a view to promote recycling and cleaner technology and minimizing waste disposal problems, the Minister may by regulations ?

(a)     specify raw materials, additives or auxiliary substances that shall not be present or shall only be present in quantities as may be prescribed in materials and products sold or used in the Seychelles;

(b)     specify materials and products that shall contain specified proportions of recycled or recyclable material or products;

(c)     prohibit or regulate the use of specified materials or types of materials in products or goods for specific purposes, including packaging;

(d)     prescribe a fee to be paid to the designated Agency  under Section 12(2) by importers or manufacturers of specified materials, products or goods including packaging material to cover costs in respect of disposal of the materials, products or goods.

14.    (1)     No person shall handle or cause to be handled any hazardous substance except in accordance with such procedures and after complying with such safeguards as may be prescribed.

(2)     "Handling", in relation to any substance , means the manufacture, processing, treatment, package, storage, transportation, importation, use, collection, destruction, conversion, offering for sale, transfer or the like of a substance.

(3)     A person who contravenes subsection (1) is guilty of an offence under this Act.

PART - IV

ENVIRONMENT IMPACT ASSESSMENT

15.    (1)     Notwithstanding any license, permit or approval granted under any other enactment any person who commences, proceeds with , carries out, executes or conducts or causes to commence, proceed with, carry out, execute or  conduct any prescribed project or activity or any project or activity  in a protected or ecologically sensitive area as may be prescribed under  this Act or under any other Act for the time  being in force ?

(a)     without carrying out an Environmental Impact Assessment Study and  obtaining the authorisation from  the Authority; or

(b)     in breach of any conditions imposed by the Authority,

is guilty of an offence.

(2)     The Minister may, for the purposes of this Part appoint an Environmental Appraisal Committee or Committees to advise the Authority on any proposal for a project or activity.

(3)     An Environmental Impact Assessment Study shall contain a true statement and description of ?

(a)     the location, size and scope of the project or activity and description of the original state of the environment prior to  implementation of the project or activity;

(b)     the principle, concept and the purpose of the project or the activity;

(c)     the technical aspects relating to the project or the activity;

(d)     the direct or indirect effects that the activity is likely to have on the population, flora and fauna, soil, air, water, landscape, and other physical assets including historical, artistic and archeological;

(e)     any actions or measures which may avoid, prevent, change, mitigate or remedy the likely effects of the activity or the project on the environment;

(f)     the inevitable adverse effects that the project or the activity is likely to have on the environment if it is implemented in the manner proposed by the proponent; 

(g)     the irreversible and irretrievable impact on the commitments  of resources which will be involved by the project or the activity;

(h)     the actions or measures proposed for compensating physically or financially for any resulting loss or damage to the environment.

(i)      a study of the feasible alternatives considered, including a summary of all the expected impacts;

(j)      an environmental monitoring programme;

(k)     such other information as may be necessary to a proper review of the potential environmental impact of the project or the activity.

(4)     (a)     The project proponent shall be responsible for the preparation of the Environmental Impact Assessment Study and its submission to the Authority.

(b)     The procedures for submission of the Environmental Impact Assessment Study and for the grant of authorisation by the Authority shall be as prescribed by regulations.

(5)     (a)     An Environmental Impact Assessment Study shall be open for public inspection at all reasonable times .

(b)     The time limit for the submission of public comments  shall be notified by the Authority by giving a notice to that effect in two issues of the daily newspaper with an interval of at least seven days between the first and the second publications.

(c)     A notice published under paragraph (b) shall state?

(i)      a summary description of the activity;

(ii)     the location where the activity is to be carried out;

(iii)    the place where the Environmental Impact Assessment Study may be inspected.

(6)     The Authority shall be responsible for the monitoring of the conclusions of the Environmental Impact Assessment Study and to ensure that the necessary conditions are complied with.

(7)     If work on a project or activity  is commenced in contravention of the provisions in this Part, the  Authority may direct the owner to suspend the project or the activity.

(8)     A direction to suspend the project or activity may also be issued if,

(a)     the proponent has concealed,  given false information  or manipulated data in the course of the assessment procedure with the intent to mislead the Authority;

(b)     fails to comply with or contravenes any of the conditions  upon which the implementation of the project depends.

(9)     Wherever project implementation as referred to in this part brings about a change in the physical environment, the project proponent shall restore  the matters specified by the Authority. 

(10)   Where the project proponent fails to do so the Authority may itself perform the work and recover the cost from the project proponent who, in any event, shall compensate for any resulting loss or damage to the environment.

(11)   The Minister may, with the approval of the Cabinet, in exceptional circumstances and by notification  giving grounds on which the decision is based, exclude a prescribed project from the Environment Impact Assessment process.

(12)   The notification under subsection (11) shall be made public and shall state the measures which are deemed to be necessary in order to reduce the environmental impact of the activity or the project.

(13)   Any person aggrieved by the decision or order of the Competent Authority may appeal to the Minister  in the prescribed manner, and the Minister may affirm, revoke or vary the decision or order.

(14)   A person who fails to comply with a direction given under subsection (7) is guilty of an offence.

PART V

ENFORCEMENT

16.    (1)     Where the Administrator is of the opinion that a person is contravening, or is likely to contravene any provision of this Act, the Administrator may cause to be served on the person an enforcement notice ?

(a)     stating that the Administrator is of the said opinion;

(b)     specifying the matter constituting the contravention or the matters making it  likely that the contravention will arise, as the case may be;

(c)     specifying the measures that shall be taken to remedy the contravention or eliminate the likelihood of a contravention as the case may be and

(d)     specifying the period within which the measures shall be implemented.

(2)     Any person who fails to comply with an enforcement notice under subsection (1) is guilty of an offence.

17.    (1)     Where the Administrator is of the opinion that any project or activity or the manner in which a project or activity is carried on, involves an imminent risk of serious pollution of the environment, the Administrator may cause to be served on the person owning, or managing, or in charge of, or in control of the project or activity a prohibition notice.

(2)     A prohibition notice may be served whether or not?

(a)     the activity, or the manner in which the project or activity is carried on, constituted a contravention of this Act,

(b)     there is in force in relation to that project or activity, a licence, permit or approval issued under this Act or under any other Act.

(3)     A prohibition notice shall?

(a)     state the opinion of the Administrator;

(b)     specify the risk of serious pollution involved as well as the way in which the project or activity or the manner in which the project or activity is carried on, is suspected to give rise to the risk;

(c)     specify the measures that shall be taken to remove the risk of pollution and the period within which they shall be implemented;

(4)     A prohibition notice shall not be a bar to a prosecution for any offence, even if there are consultations with the person served with the notice.

(5)     Any person who fails to comply with a prohibition notice, is guilty of an offence.

18.    (1)     Any person affected, or any person empowered under Section 21, may apply to the Administrator for an amendment of a notice served under this Act.

(2)     The Administrator, on the initiative of the Administrator, or on an application, may amend a notice served under this Act by causing to be served on the person affected a variation notice.

(3)     A variation notice shall?

(a)     refer to the notice which is amended;

(b)     specify the amendment to the notice;

(c)     where necessary, vary the date specified in the notice.

(4)     A variation notice shall supersede the notice to which it refers to the extent of the amendment and shall be deemed to be a notice served under section 16 or section 17, as the case may be.

19.    (1)     Where the Administrator  is satisfied that ?

(a)     the measures required to be taken in a notice have been implemented;

(b)     there exists no further pollution or risk of pollution to the environment by that project  or activity;

the Administrator may withdraw the notice.

20.    Any person aggrieved by a notice made under this part, may appeal to the Minister in the prescribed manner and the Minister may affirm, vary or revoke the notice.

21.    (1)     The Minister may empower any person appointed under this Act or under any other law for  the purpose of implementation of  specific provisions of this Act and shall issue to such person a certificate of his authority so to act.

(2)     A person empowered under subsection (1) shall hereafter be referred to as an authorised officer.

22.    (1)     Any authorised officer shall have a right to enter, at all reasonable times with such assistance as the officer considers necessary, any place or premises for the performance of any of the functions entrusted to the officer under the Act and for the purpose of determining whether any provisions of this Act or any notice, order, direction or authorisation served, made, given or granted under this Act is being or has been complied with and for the purpose of examining and testing any equipment, industrial plant, record, register, document or any other material object or for conducting a search of any building in which the officer has reason to believe that an offence under this Act has been or is being or is about to be committed and for seizing any such equipment, industrial plant, record, register, document or other material object if the officer has reasons to believe that it may furnish evidence of the commission of an offence punishable under this Act or that such seizure is necessary to prevent or mitigate pollution.

(2)     Every person carrying on any project or activity shall be bound to render all assistance to an authorised officer for carrying out the functions stated above and is, if the person fails to do so without any reasonable cause or excuse, guilty of an offence under this Act.

(3)     If any person willfully delays or obstructs any authorised officer in the performance of the functions of that officer, the person is guilty of an offence under this Act.

(4)     An authorised officer shall, if so requested, by any person affected, produce the certificate of authority referred to in section 21. 

23.    The Minister may declare an environmental emergency?

(a)     where pollution occurs or is apprehended to occur due to any accident  or other unforseen act or event; or

(b)     where in the opinion of the Minister there is an imminent risk of serious pollution of the environment.

in case of an environmental emergency declared under section 23, an authorised officer may, without warrant, arrest a person reasonably suspected of  the contravention of this Act.

24.    (1)     Any authorised officer shall have the  power to take, for the purpose of analysis, samples of air, water, soil or other substance from any factory premises or other place in such manner as may be prescribed.

(2)     The result of any analysis of a sample taken under subsection (1) shall be admissible in evidence in any legal proceeding provided the procedure set out in subsections (3) and (4), as the case may be, is followed. 

(3)     In exercising the powers under subsection (1) the authorised officer shall ?

(a)     serve on the owner or the agent of the owner or person in charge of the place, a notice, then and there, in such form as may be prescribed, of the intention of the officer to have it so analysed;

(b)     in the presence of the owner or the agent or person in charge of the place, collect a sample for analysis;

(c)     cause the sample to be placed in a container or containers which shall be marked and sealed and shall also be signed both by the authorised officer and the owner or the agent or person in charge of the place;

(d)     send without delay, the container or the containers to the laboratory established or recognized under the Act.

(4)     When a sample is taken for analysis and the authorised officer taking the sample serves on the owner or agent of the owner or person in charge of the place, a notice under subsection (3)(a) then ?

(a)     in a case where the owner, the agent or person in charge of the place willfully keeps away from the places, the authorised officer shall collect the sample for analysis to be placed in a container or containers which shall be marked and sealed and shall also be signed by the authorised officer taking the sample, and

(b)     in case where the owner or the agent or person in charge of the place present at the time of taking the sample refuses to sign the marked and sealed container or containers of the sample as required, the marked and sealed container or containers shall be signed by the authorised officer taking the samples, and the container or containers shall be sent without delay by the authorised officer taking the sample for analysis to the laboratory established or recognized under the Act and the authorised officer shall inform the Government Analyst appointed or recognized under the Act in writing about the willful keeping away of the owner or the agent or person in charge of the place or, as the case may be, the refusal to sign the  container or containers.

25.    (1)     The Minister may, by notice in the Gazette ?

(a)     establish one or  more environmental laboratories;

(b)     recognize one or more laboratories or institutes as environmental laboratories,

to carry out the functions entrusted to the environmental laboratory under this Act.

(2)     The Minister may, make Regulations specifying:?

(a)     the functions of the environmental laboratory;

(b)     the procedure for the submission to the said laboratory of samples of air, water, soil or other substance for analysis or tests, the form of the laboratory report thereon and the fees payable for such report;

(c)     such matters as may be necessary or expedient to enable that laboratory to carry out its functions.

26.    The Minister may by notice in the Gazette, appoint or recognize such person or persons as the Minister thinks fit and having the prescribed qualifications to be Government Analysts for the purpose of analysis of samples of air, water, soil or other substance sent for analysis to any environmental laboratory established or recognized under the Act.

27.    Any document purporting to be a report signed by the Government analyst may without proof of signature, be used as evidence of the facts stated therein in any proceeding under this Act.

PART VI

OFFENCES,  PENALTIES AND PROCEDURES

29.    (1)     Subject to subsection (2), a person who is guilty of an offence under section 12(4) (a) or (b) is liable on conviction to a fine of Rs. 5000.

(2)     Where on any occasion, an authorised officer finds a person who the officer has a reason to believe has on that occasion committed an offence under section 12(4) (a) or (b), the officer may give that person a notice offering the person the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

(3)     Where a person is given a notice under this section in respect of an offence ?

(a)     no proceedings shall be instituted for that offence before the expiration of  fourteen days following the date of the notice;

(b)     the person shall not be convicted of that offence if the person pays the fixed penalty before the expiration of that period.

(4)     A notice under this section  shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state ?

(a)     the period during which, by virtue of subsection (3) proceedings will not be taken for the offence;

(b)     the amount of fixed penalty; and

(c)     the person to whom and the address at which the fixed penalty may be made or paid.

(5)     A fixed penalty specified in a notice under subsection (4) may be paid in cash to the person specified in the notice or by cheque enclosed in a letter addressed to that person at the address specified in the notice.

(6)     Where a letter is sent in accordance with subsection (5), the payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

(7)     The form of notices under this section shall be such as may be prescribed under the regulations.

(8)     The fixed penalty payable in pursuance of a notice under this section shall, subject to subsection (9), be R 100.

(9)     The Minister may  by order substitute a different amount for the time being specified as the amount of the fixed penalty in subsection (8).

(10)   In any proceedings a certificate which  purports to be signed by or on behalf of the person receiving the fixed penalty stating that the payment of a fixed penalty was or was not received by a date specified in the certificate, shall, without proof of signature, be evidence of the facts stated therein.

30.    (1)     Any person who commits an offence under section 16(2) or section 17(5) or section 22(2) or section 22(3) is liable on conviction, to imprisonment for one year and a fine of R50,000 and, if the offence is continued after conviction, is liable to a further fine of R5000 for each day during which the offence is so continued.

(2)     A person who commits an offence under sections 7(4)(a) or section 7(5) or section 8(2) or section 8(3) or section 9(2) or section 11(4) or section 12(3) or section 12(6) section 12(7) or section 12(8)(a) or section 12(8)(b) or section 14(1) or section 15(1) or section 15(14) is liable, on conviction, to imprisonment for 6 years and a fine of R250,000 and, if the offence is continued after conviction, is liable to a further fine of R5000 for each day during which the offence is so continued.

(3)     Where an offence specified in subsection (2) is continued beyond a period of one year after conviction by the person so convicted the person is guilty of an offence and liable on conviction to imprisonment for not less than 2 years and not exceeding 7 years.

31.    Any person who ?

(a)     destroys , pulls down, removes, injures or defaces any pillar, post or stake fixed by the Authority or any notice or other matter put up, inscribed or placed by or under the order of the Authority; or

(b)     obstructs any person acting under the orders or directions of the Authority from exercising the powers and performing the functions under this Act; or

(c)     damages any works or property belonging to the Authority, or

(d)     fails to furnish to any officer or other employee of the Authority a report or any information required by the officer or employee for the purpose of this Act, or

(e)     fails to intimate the occurrence of any accident or other unforeseen act to the Authority, or

(f)     in giving a report or any information which the person is required to give under this Act, makes a statement which is false or misleading in any material particular,

is guilty of an offence and  is liable on conviction to imprisonment for 6 months and  a fine of R10,000.

32.    In addition to imposing a penalty for an offence arising under the provisions of this Act, the Court may order the person convicted to compensate for any loss or damage to the environment and to take such steps as may be specified in the order and within such time as may be specified, to pay damages and to prevent, control, abate or mitigate any harm to the environment caused by the commission of the offence or to prevent the continuance or recurrence of the offence.

33.    (1)     Where any offence under this Act has been committed by a company, every person who, at the time of offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company is guilty of the offence and  liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub?section shall render any such person liable to any punishment provided in this Act, if the person proves that the offence was committed without the knowledge of that person or that the person exercised all due diligence to prevent the commission of such offence.

(2)     Where an offence under this Act has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer is guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(3)     For the purposes of this section ?

(a)     "company" means any body corporate and includes a partnership or other association of individuals;

(b)     "director" in relation to a partnership, means a partner in the firm.

34.    (1)     The provisions of this Act shall be in addition to and not in derogation of the provisions of the Public Health Act.

(2)     Subject to sub?section (1), in case of inconsistency between any of the provisions of this Act or the Regulations made thereunder and any other law for the time being in force, the provisions of this Act shall apply.

PART VII

MISCELLANEOUS PROVISIONS

35.    The Minister may, by notification in the official gazette, delegate, subject to such conditions and limitations as may be specified in the notification, such of the powers and functions under this Act ( except the power to make regulations) as the Minister may deem necessary or expedient , to any person or public authority.

36.    (1)     Where the discharge of any pollutant in excess of the prescribed standards occurs or is apprehended to occur due to any accident or other unforeseen act or event, the person responsible for such discharge and the person in charge of the premises shall be bound to prevent or mitigate the pollution caused as a result of such discharge and shall also forthwith ?

(a)     intimate the fact of such occurrence or apprehension of such occurrence; and

(b)     be bound, if called upon, to render all assistance,

to the Authority or such other authorities or agencies as may be prescribed.

(2)     A person who fails to comply with subsection (1)  is guilty of an offence and is liable on conviction to a fine of R10,000 and to imprisonment for one year.

37.    (1)     The Authority may, in relation to its functions under this Act, from time to time, require any person, officer or other authority to furnish to it or to any prescribed authority or officer any reports, returns, statistics, accounts and other information that may be required for the purposes of this Act and such person , officer, or other authority shall be bound to do so.

(2)     A person who fails to comply with subsection (1), on being required by the Authority to do so, is guilty of an offence and is liable on conviction to a fine of R10,000.

38.    Where any officer of the Authority or any person appointed on a committee or any person discharging any function or duty under this Act discloses otherwise than in the performance of the duty of the officer or such person any information relating to any trade secret used in carrying on a particular project or activity and the information has been given to the officer or such person by virtue of this Act, the officer or such person is guilty of an offence and is liable on conviction, to a fine of R10,000 and to imprisonment for one year.

39.    No suit or prosecution or other legal proceedings shall lie against the Minister or an officer of the Authority or an officer empowered under this Act,  for anything that is done or intended to be done in good faith in pursuance of this Act or the regulations made thereunder.

40.    (1)     The Minister may make regulations under this Act for all such matters as are to be prescribed  under the Act and for any other matter that may be deemed necessary in pursuance of the objects of this Act, for the protection of any aspect of the environment and for the prevention, control and abatement of environmental pollution.

(2)     Regulations made under this section may provide for offences and penalties not exceeding R20,000 by way of fine and 2 years by way of imprisonment in respect of those offences.

 

_____________

 

LAWS OF SEYCHELLES

ENVIRONMENT PROTECTION ACT

 

CHAPTER 71

SUBSIDIARY LEGISLATION

Section 40

The Environment Protection (Miscellaneous) Regulations

SI. 84 of 1995

SI. 118 of 1995

SI. 74 of 1996

SI. 84 of 1996

SI. 29 of 2000

S.I. 12 of 2010

 

 

1.      These regulations may be cited as the Environment Protection (Miscellaneous) Regulations, 1995

2.      In these regulations, unless the context otherwise requires:

(a)     "Authority" means the Division of Environment of the Ministry of Foreign Affairs, Planning and Environment ;

(b)     "Form" means a form set forth in the Third Schedule;

(c)     "Government Analyst" means a person specified in Column 2 of the Second Schedule;

(d)     "person" in relation to any factory or premises from where a sample is taken for analysis, means a person or occupier or his agent who has control over the affairs of the factory or premises and includes in relation to any substance, the person in possession of the substance;

(e)     "section" means a section of the Act.

3.      (1)     Every application for authorisation under section 7(4)(a) and7(5) shall be made in Form I and shall be accompanied by a fee of R100.

(2)     Every application for authorisation under section 8(2) or 8(3) shall be made in Form II and shall be accompanied by a fee of R100.

(3)     On receipt of an application for authorisation under subregulation (1) or subregulation (2) the Authority may depute any of its officers accompanied by as many assistants as may be necessary, to visit and inspect any place or premises under the control of the applicant or the occupier, for verifying the correctness or otherwise of the particulars furnished in the application or for obtaining such further particulars or information which in the opinion of such officer are essential.

(4)     Any officer deputed under subregulation (3) may inspect any place or premises where solid, liquid or gaseous emissions from any location within the premises are discharged and may require the applicant or the occupier to furnish the officer any plans, specifications or other data related to control equipment or system or any part thereof that the officer considers necessary.

(5)     The officer referred to in subregulation (3) shall, before visiting under that subregulation any place or premises of the applicant, give notice to the applicant of the intention to do so in Form III and the applicant shall furnish to such officer all information and provide facilities for inspection.

(6)     The officer may, before or after carrying out the inspection under subregulation (3) require the applicant to furnish to the officer orally or in writing such additional information or clarification or to produce before the officer such document as the officer may consider necessary for the purpose of investigation of the application and may for that purpose summon the applicant to the office of the Authority;

(7)     The Authority shall communicate its decision to an applicant under subregulation (1) or subregulation (2) within one month of the receipt of the application by the Authority.

(8)     A decision of the Authority under this regulation may be subject to such conditions as the Authority may impose and be revoked by the Authority at any time for any breach of the conditions.

(9)     Any person aggrieved by the decision of the Authority under this regulation may within fourteen days of the communication of the decision under subregulation (7) appeal to the Minister in Form IV and the Authority shall comply with the decision of the Minister on such appeal.

(10)   A fee of R50 shall be deposited by every appellant in the office of the Authority and an authenticated copy of the receipt obtained thereof shall be annexed to every appeal.

4.      Each person specified in column 1 of the First Schedule is appointed as an authorised officer and shall perfom the functions specified in the corresponding entry of column 2 of that Schedule.

5.      The laboratories specified in column 1 of the Second Schedule are recognised as environmental laboratories for the purpose of section 26(1);

6.      The following shall be the functions of environment laboratories-

(i)      application of standardisation methods for sampling and analysis of various types of effluents and pollutants;

(ii)     to analyse samples sent by the authorised officer under sub-section (1) of section 25;

(iii)    to carry out such other functions as may be entrusted by the Minister from time to time.

7.      (1)     A person shall not be qualified for appointment or recognised as a Government analyst unless he has experience in environmental investigation, testing or analysis.

(2)     Each person specified in column 2 of the Second Schedule is appointed a Government Analyst for the purpose of analysis at the environmental laboratory specified in the corresponding entry in column 1 of that Schedule.

8.      The notice required to be served under section 25(3)(a) shall be in analysis Form V.

9.      (1)     An authorised officer empowered to take samples under section 25 shall collect the sample in sufficient quantity to be divided into two uniform parts and effectively seal and suitably mark the same and permit the person from whom the sample is taken to add the seal of the person or mark , to all or any of the portions so sealed and marked.

(2)     The authorised officer shall after complying with subregulation (1) hand over one part of the sample to the person from, whom the sample is taken under acknowledgement and send the other part forthwith to an environmental laboratory for analysis.

10.    (1)     Sample taken for analysis shall be sent by the authorised officer to an environmental laboratory along with Form VI.

(2)     The findings of the Government Analyst shall be recorded in Form VII in triplicate and signed by the Government Analyst and sent to the authorised officer who had sent the sample for analysis.

(3)     On receipt of the report of the findings of the Government Analyst, the authorised officer shall send one copy of the report to the person from whom the sample was taken for analysis, the second copy shall be retained by the officer for record and the third copy shall be kept by the officer to be produced in the court before which the proceedings, if any, are instituted.

11.    The Notice under section 29(7) shall be issued by an authorised officer in Form VIII.

____________________

FIRST SCHEDULE

(REGULATION 4)

AUTHORISED OFFICERS AND FUNCTIONS

Officer                                                                                   Functions

I.       (1)     Director, Assistant Director, Biochemist,               Section 22(1) and

                  Senior Project Officer, Project Officer,                  Section 25(1)

                  Environment Officer, Project Technician,

                  Senior Laboratory Technician, Laboratory

                  Technician, Environment Inspectors not

                  below the Grade IV level Senior Enforcement

                  Officers not below Grade III and Inspectors

                  not below Grade IV from the Environment

                  Assessment and Pollution Control of the

                  Department of Environment.

(2)     Managing Director, Senior Parks Officers,

         Parks Officers, Assistant Parks Officers and

         Rangers from the Seychelles National Parks Authority.

(3)     Commissioned Officers of the Seychelles

         Coast Guard;

(4)     Police Officers of and above the rank of

         Sub-Inspector;

(5)         Coxswain and Marine Mechanics of the

         Port and Marine Services Division.

II.         Any Police Officer or any Environment                      Section 24

         Inspector from the Department of Environment

         not below the Grade I Level.

III.(1)     Principal Secretary of the Ministry                            Section 29(2)

               of Environment and Transport;

(2)     Director General of the Department

         of Environment;

(3)     Director, Assistant Director, Biochemist,

         Senior Project Officer, Project Officer,

         Environment Officer, Project Technician,

         Senior Laboratory Technician, Laboratory

         Technician, Inspectors not below the Grade

         IV level and Inspectors not below Grade

         IV from the Department of Environment

         from the Department of Environment;

(4)     Director, Senior Conservation Officer, Conser-        Section 29(2)

         vation Officer, Assistant Conservation Officer,

         Senior Research Officer, Project Officer, Ranger

         not below the Grade II level from the

         Conservation Section of the Department of

         Environment.

(5)     Director, Assistant Director, Forestry                        Section 29(2)

         Officer, Assistant Forestry Officer,

         Senior Project Officer, Project Officer,

         Forester, Forest Ranger (Grade I & II)

         from the Forestry Section of the Department

         of Environment

(6)     Any Senior or Assistant Education                           Section 29(2)

         Officer from the Education and Information

         Unit of the Department of Environment.

(7)     Principal Environmental Health Officer and

         Environmental Health Officers from the

         Ministry responsible for Health;

(8)     District Administrators;

(9)     Director, Amenity Officers from the

         Landscape and Waste Management Agency;

(10)   Director General, Pier Master from the

         Port and Marine Services Division;

(11)   Director General, Officers of the Legal

         Unit, Marsh Unit Supervisors of the

         Policy, Planning and Services Division;

(12)   Assistant Market Keepers                                         Section 29(2)

         (Grade I & II) of the Ministry of

         Agriculture & Marine Resources.

(13)   Police Officer                                                           Section 29(2);

(14)   Wardens and Rangers from the

         Seychelles Islands Foundations;

(15)   Director General, Highway Patrol

         Officers, Specialised Highway Patrol

         Officers, Traffic Wardens from the

         Land Transport Division;

(16)   Fishing Port Manager, Assistant

         Fishing Port Manager, Senior Supervisor,

         Chief Security Guard, Pier Master from

         the Seychelles Fishing Authority;

(17)   Managing Director, Manager, Project

         Co-ordinator, Project Officers, Senior

         Park Officer, Parks Officer, Assistant

         Parks Officers, Ranger Grade 3 & 4

         from the Seychelles National Parks Authority;

(18)     Managing Director Administration Officers

         Driver Senior Inspector Chief Task Force

         Supervisor Task Force Supervisor Task

         Force Worker Administration and Finance

         Manager Senior Education Officer of the

         The Agency responsible for the management

         Of wastes designated under section 12(2) of the

         Environment Protection Act                                      Section 29(2)

_________________

SECOND SCHEDULE

(REGULATIONS 5 and 7)

 

ENVIRONMENTAL LABORATORIES AND GOVERNMENT ANALYSTS

Environmental                                                            Government

Laboratory                                                                 Analyst

1.      Public Health Laboratory                                                Director of Public Health

Ministry of Health Laboratory

MontFleuri Biochemist

Environmental Chemist

Director Plant Genetic

Research Section

2.      Laboratory Section                                                         Ian Charlette

Public Utilities Corporation

Unity House

Mahe

3.      Environmental Laboratory                                              Vivian Radegonde

SeychellesBureau of Standards

Pointe Larue

Mahe

4.      Soil and Plant Diagnostic                                                José Lousteau Lalanne

Laboratory

Ministry of Agriculture &

Marine Resources

IndependenceHouse, Mahe

____________________

THIRD SCHEDULE

(Regulations 2 and 3)

FORMS

FORM1

APPLICATION FOR AUTHORISATION FOR DISCHARGE OF

EFFLUENT ON LAND OR IN ANY WATERCOURSE

From :                                                                                      Date: _____________________

_______________________________

_______________________________

_______________________________

To:

_______________________________

_______________________________

_______________________________

Sir,

I/We hereby apply for authorisation / renewal of authorisation under section 7(4)(a) / 7(5) of the Environment Protection Act (Cap 71) for establishing or taking any steps for establishment of an industry / operation / process or any treatment / disposal system to bring into use any new / altered outlet for discharge* sewage / trade effluent* from land / premises owned by ........................

The other relevant details are below:-

1.      Name of owner / occupier

2.      (a)     Individual

(b)     Partnership firm

(Whether registered or unregistered)

(c)     Proprietary Limited Company

(d)     Public Limited Compay

(e)     Government Company

(f)     Foreign Company

(if a foreign company, the details of registration, incorporation, etc.)

(g)     Any other association or body:

3.      Name and address of the unit & location.

4.      Details of Commissioning etc.:-

Approximate date of production:

5.      Details of licence, if any, obtained under the provisions of any other law.

6.      Name of the person authorised to sign this form (the original authorisation is to be enclosed in case the application is for renewal)

7.      (a)     Attach the list of raw materials and chemicals used per month

(b)     Licenced annual capacity of the Unit.

8.      State daily quantity of water in kilolitres utilised and its source.

9.      (a)     State the daily maximum quantum of effluent discharge and mode of disposal. Also attach analysis report of the effluents.

(b)     Quality of effluent currently being discharged or expected to be discharged.

(c)     Is there any effluent treatment plant? If yes, a brief description of unit operations with capacity. Attach information on the quality of treated effluent vis-a-vis the standards.

(d)     What monitoring arrangement is currently there or proposed.

10.    State details of solid wastes generated in the process or during waste treatement

Description         Quantity           Method            Method of disposal

11.    Whether the unit is handling any hazardous substances as defined under the Act. If yes, whether emergency plans are prepared for taking on-site / off-site measures.

12.    Whether the unit is generating hazardous wastes as defined under the Act. If yes, indicate the quantum and method of disposal.

13.    I/we further declare that the information furnished above is correct to the best of my/our knowledge.

14.    I/we hereby submit that in case of change either of the point of discharge or the quantity of discharge or its quality, a fresh application for authorisation shall be made and until authorisation is granted no change shall be made.

15.    I/we hereby agree to submit to the Authority an application for renewal of authorisation one month in advance of the date of expiry of the authorised period for outlet/discharge if be continued thereafter.

16.    I/we, enclose herewith cash receipt no/bank draft no .................. dated ........................ for SR .................. (Seychelles Rupees .......................................................) in favour of the ......................................... towards the fees payable under the Act.

Yours faithfully          

Signature of applicant

1.      Any applicant knowingly giving information or suppressing any information pertaining thereto shall be liable to be punished under the Act.

2.      *Strike out which is not relevant

_____________________

 

 

 

FORMII

APPLICATION FOR AUTHORISATION FOR EMISSION/CONTINUATION OF EMISSION

From:   ............................................

............................................

............................................

To:       ............................................

............................................

............................................

Sir,

I/we hereby apply for Authorisation/Renewal of Authorisation under section 8 of the Environment Protection Act (Cap 71) to bring into use a new/altered stack for the discharge of emission/ to begin to make new discharge of emission/to continue to discharge emission* from stack in industry owned by .............

The other relevant details are:

1.      (a)     Name of owner/occupier

(b)     Name and Address of the unit location

2.      (a)     Number of stack and vents with height and diametre

(b)     Quality and quantity of stack emission from each of the above stacks - Suspended Particulate Matter (SPM) and Sulphur Dioxide (SO2)

Additional parameters as specified by the Authority.)

(c)     A brief account of the air pollution control unit to deal with the emission.

(d)     Parameters and Frequency of self monitoring.

I/we enclosed herewith Receipt No ..................../ Bank Draft No ............... dated ....................... for SR ................... (Seychelles Rupees .......................) in favour of the ................................... towards the fees payable under the Act.

Yours faithfully

__________________

Signature of Applicant

Note:    1.      Any applicant knowingly giving incorrect information or suppressing an information pertaining thereto shall be liable to the punished under the Act.

2.      *Strike out which is not relevant.

__________________

FORMIII

NOTICE OF INSPECTION

To

_______________________

_______________________

_______________________

Take Notice that for the purpose of enquiry under section ......... the following officers of the Authority, namely:

(i)      ------------------------------------------

(ii)     ------------------------------------------

(iii)    ------------------------------------------

and the persons authorised under the Act to assist them shall inspect -

Any system of your industrial Plant

Any other parts thereof or pertaining thereto under management / control of ............................. on date ............................ between .............................. hours when all facilities requested by them for such inspection should be made available to them on the site.

Take notice that refusal or denial to above stated demand made under the functions of the Authority shall amount to obstruction punishable under section 31 of the Act.

Copy to:Administrator

1. --------------------------------

2. --------------------------------

_________________

 

 

 

FORMIV

MEMORANDUM OF APPEAL

Memorandum of Appeal under section 20 of the Environment Protection Act (Cap. 71)

.......................................................

.......................................................

.......................................................

........................................................

(here furnish complete postal address)....................... Appellant

Vs.

.......................................................

.......................................................

.......................................................

(here mention the name and designation

of the Authority) ................... Respondent

(1)     The appellant named above, begs to prefer this memorandum of appeal against the notice dated ................... passed by .........................

(2)     The facts of the case are as under:

(here briefly mention the facts of the case)

(3)     The grounds on which the appellant relies and the purpose of this appeal are as below.

(here mention the grounds on which the appeal is made)

(4)     In the light of what is stated above the appellant respectfully prays that the notice is unreasonable and be set aside / varied.

(5)     The amount of SRs ............................ (Seychelles Rupees .............................) as fee for this appeal has been paid to .................................. Vide receipt No ......................... dated .......................................

Place:

                                                                        Signature of the Appellant

Date:

                                                                       Name:

Occupation:

Address:

Verification

I ................................. (appellant's name) in the above Memorandum of appeal/or/duly authorised agent do/does hereby declare that what is stated therein is true to the best of my knowledge and belief.

Signature .....................................

Name .......................................

(in block letters)

Occupation ..................................

Address .......................................

.......................................

.......................................

Dated:

________________

FORMV

NOTICE OF INTENTION TO HAVE SAMPLE ANALYSED

To

................................................

.................................................

Take notice that it is intended to have analysed the sample of ............................. which has been taken today, the ................ day of ........................ 19 .................... from* ..................... ... by .............................................................................................

(Name and designation of the person who takes the sample)

______________________________

*Specify the place where the sample is taken

AUTHORISED OFFICER

DATE .............................

______________________

FORMVI

MEMORANDUM TO GOVERNMENT ANALYST

From

..............................................

..............................................

To

The Government Analyst

..............................................

..............................................

The portion of sample described below is sent herewith for analysis under Regulation 10(1) of the Environment Protection (Miscellaneous) Regulations.

The portion of the sample has been marked with the following mark:

Details of the portion of sample taken.

.....................................

Date ......................                  Name and designation of person who

sends sample

______________

FORMVII

REPORT BY GOVERNMENT ANALYST

Report No:       .....................................................

Date:                ......................................................

I hereby certify that I ............................................................ Government Analyst duly appointed under section 27 of the Environment (Protection) Act (Cap 71) received on the ............. day of .................... 19 ......... from

1.         .............................................................................................

            ............................................................................................

a sample of ................................. for analysis ..................

The sample was in a condition fit for analysis as reported below:

I further certify that I have analysed the aforementioned sample on ........................................ and declare the result of analysis to be as follows:

2.         .........................................................................................

            .........................................................................................

The condition of seals, fastening of sample on receipt was as follows: .....................................................................................

..................................................................................................

signed this ....................... day of ....................... 19 ..................

______________________________________

1.      Here write the name of the officer/authority from whom sample was obtained.

2.      Here write full details of analysis and refer to method of analysis

____________________

FORMVIII

FIXED PENALTY NOTICE

No. ..................

To

............................................

I have reason to believe that on ..................... at ................ am/pm at ................ you committed the offence of ....................

You may discharge your liability to conviction for that offence by paying a fixed penalty of SR 200.00 to the Registrar of the Supreme Court at the Registry of the Supreme Court, Victoria or the Sub-Accountant, Grand Anse, Praslin within 14 days of the date of this notice.

...................................... ..................................................

Date Signature of the authorised officer

Note: Failure to pay within the time stipulated may result in your being prosecuted before the court for the offence.

__________

 

SI. 83 of 1995

Sections 6 and 40

Environment Protection (Standards) Regulations

(21st August 1995)

1.      These Regulations may be cited as the Environment Protection (Standards) Regulations.

2.      In these Regulations -

"recipient system" means the part of the environment such as soil, water or air or other medium which receives an effluent.

3.      The Effluent Quality Standard specified in the Schedule is hereby prescribed as the Standard for the discharge of effluents to a recipient system from any industry, operation or process.

SCHEDULE

1.      In this Schedule-

(a)     Effluent Quality Standard means the maximum acceptable concentrations in an effluent as specified in paragraph 2.

(b)     BOD5 means Biochemical Oxygen Demand, which is a measure of the organic matter content of a sample that is susceptible to oxidation by micro-organisms at an incubational temperature of 20°c over a period of five days.

(c)     COD means Chemical Oxygen Demand, which is a measure of the oxygen equivalent of the organic matter content of a sample that is susceptible to oxidation by a strong chemical oxidant.

2.      Effluent Quality Standard

Parameters                                         Maximum concentration in

milligram per litre (mg/1)

unless otherwise stated

(except ph)

Temperature                                      30°C measured at the point of discharge

pH                                                       5.5 - 8.5

Suspended Solids                                 30

BOD5 at 20°c                                   30

COD                                                   80

Free Chlorine (as Cl²)                        0.5

Phosphorus (as PO4)                           5

Nitrate (as NO3)                                  15

Nitrite (as NO2)                                   1

Phenols                                                0.1

Chromium (total)                                 1.0

Arsenic (total)                                      0.1

Mercury (total)                                     0.05

Cadmium (total)                                   0.2

Lead (total)                                          0.9

Copper (total)                                      1

Zinc (total)                                           2

Iron (total)                                           5.0

Nickel (total)                                        1

Aluminium (total)                                1

Tin (total)                                             0.1

Manganese (total)                                2.0

Oil and grease                                      10

Total coliforms                                    500/100 ml

Faecal coliforms                                  100/100 ml

Faecal streptococus                              100/100 ml

Salmonella                                           Must not be detectable in any

                                                            100 ml sample

Pesticides                                             In accordance with the law relating

                                                            to pesticides which may be in force.

3.      Sampling

         For the purpose of this Standard sampling shall be carried out in accordance with the British Standards 6068 - Guidance on Sampling of Waste Waters : Section 6.10:1993, unless otherwise specified by the Authority.

4.      Reference Methods Of Analysis

         For the purpose of this standard, the Reference Methods of Analysis shall be based on the methods, as adopted by the Laboratory established or recognised under section 26 of the Act.

_____________________

 

SI. 48 of 1995

SI. 108 of 1995

Sections 12(2) and 40

Environment Protection (Designation of Solid Waste Agency) Regulations

(15th May 1995)

1.      These Regulations may be cited as the Environment Protection (Designation of Solid Waste Agency) Regulations.

2.      In these Regulations -

"Agency" means the Solid Waste and Cleaning Agency established under regulation 4.

"Board" means the Board constituted under these Regulations for the Management of the Agency.

3.      The Agency established under regulation 4 is hereby designated as the agency responsible for the management of wastes.

4.      There is hereby established an agency to be called the Solid Waste and Cleaning Agency which shall be a body corporate.

5.      (1)     The Agency -

(a)     shall be responsible for the management of wastes;

(b)     shall designate, monitor and regulate waste disposal sites;

(c)     shall authorise the deposit and discharge of waste at the waste disposal sites designated under paragraph (b);

(d)     shall approve the receptacles and public waste bins in which waste may be placed or collected prior to collection for disposal at the waste disposal sites;

(e)     shall issue instructions as to the manner in which waste may be placed in receptacles or in public waste bins approved under paragraph (d);

(f)     shall designate the location where receptacles or public waste bins may be placed prior to collection for disposal at waste disposal sites;

(g)     shall collect, clean and dispose waste;(h)may charge such fee for the collection cleaning and disposal of waste as may be prescribed by the Minister;

(h)     may charge such fee for the collection cleaning and disposal of waste as may be prescribed by the Minister;

(i)      shall authorise and regulate the disposal, transport within or through Seychelles, and the export of hazardous waste;

(j)      shall monitor the contamination and degradation of the environment arising from the operation of any waste disposal site designated under paragraph (b);

(k)     shall monitor the safety and health of workers at waste disposal sites;

(l)      shall maintain the statistical data on the nature, quantity and volume of waste generated, and on sites and waste processing where waste disposal is taking or has taken place;

(m)    may advise the Minister on regulations the Agency may consider it reasonably necessary for carrying out its functions.

(2)     The Agency may enter into contracts or agreements with any other persons for the collection, cleaning and disposal of waste and other matters relating thereto.

6.      (1)     The Agency shall be managed by a Board consisting of-

(a)     a representative of the Ministry responsible for Environment, nominated by the Minister responsible for Environment;

(b)     a representative of the Ministry responsible for Health nominated by the Minister responsible for Health;

(c)     a representative of the Ministry responsible for Tourism nominated by the Minister responsible for Tourism;

(d)     a representative of the Seychelles Chamber of Commerce and Industry nominated by that Chamber; and

(e)     a representative of the Consumers' Association nominated by that Association.

(2)     The representative nominated under subregulation (1)(a) shall be the Chairman of the Board.

(3)     Where a Minister referred to in subregulation (1) is responsible for more than one subject matter referred to in that subregulation, the representative of that Ministry nominated by that Minister shall represent on the Board all such subject matters.

(4)     The Minister shall publish in the Gazette the names of the members of the Board nominated under subregulation (1) and the members shall hold office for a period of 2 years from the date of publication.

(5)     In case of a vacancy in the membership of the Board, other than on the expiration of the period of office, the Minister who nominated the member who vacated membership shall nominate another person to fill the vacancy and on the publication in the Gazette of the name of the person so nominated, the person shall hold office for the unexpired period of membership of the member who vacated membership.

(6)     The Board shall meet at least once each month and at such other times as the Chairman may determine.

(7)     One half of the number of members of the Board shall constitute a quorum for any meeting of the Board.

(8)     The Chairman or, in the absence of the Chairman, a member elected by the members present to preside at the meeting shall preside at a meeting of the Board.

(9)     Subject to the preceding subregulations, the Board shall regulate its own proceedings.

(10)   The members of the Board may be paid such allowances as the Minister may determine.

7.      (1)     The Minister shall appoint a person to be the Managing Director of the Agency on such terms and conditions as may be applicable to employees of public bodies.

(2)     Subject to the directions of the Board, the Managing Director-

(a)     shall have supervision over and direction of the day to day affairs of the Agency and shall be its chief executive officer;

(b)     shall perform the functions of Agency;

(c)     shall have power to sign the documents on behalf of the Agency;

(d)     may delegate any of the powers of the Managing Director to any other employee of the Agency.

(3)     On appointment under sub-regulation (1) the Managing Director of the Agency shall be an ex-officio member of the Board.

(4)     The Agency may employ such persons as are necessary to assist the Managing Director in the performance of its functions on terms and conditions and according to the procedures applicable to employees of public bodies.

8.      (1)     The funds of the Agency shall consist of -

(a)          moneys appropriated by the Appropriation Act and paid to the Agency;

(b)     moneys lawfully charged by the Agency.

(2)     The funds of the Agency may be applied by the Agency-

(a)          in payment of expenses incurred by the Agency in the performance of its functions;

(b)     in payment of salaries payable to its staff including the Managing Director and the allowances payable to the members of the Board.

9.      (1)     For each financial year the Agency shall prepare and submit to the Minister and the Minister responsible for finance the estimates of income and expenditure of the Agency.

(2)     The Minister may, acting after consultation with the Minister responsible for finance, approve with or without modification the estimates submitted under sub-regulation (1).

(3)     After the Minister approves the estimates under sub- regulation (2), the estimates so approved shall be the estimates of the Agency for the financial year for which it is prepared.

(4)     The financial year of the Agency shall be a period of 12 months ending on the 31st December of any year:

Provided that the first financial year of the Agency shall end on 31st December next following the date of publication of these Regulations.

10.    (1)     The Agency shall keep proper accounts and records in relation to the accounts and shall prepare in respect of each financial year of the Agency a statement of accounts in such form as the Minister, acting after consultation with the Minister responsible for finance, may direct.

(2)     The accounts and the statement of accounts of the Agency shall be audited by an auditor appointed by the Minister.

(3)     As soon as the accounts are audited under sub-regulation (2), the Agency shall send to the Minister and the Minister responsible for finance a copy of the statement together with a copy of any report made by the auditor on that statement or the accounts of the Agency.

_______________

 

SI. 39 of 1996

Sections 15 and 40

Environment Protection (Impact Assessment) Regulations

(3rd June, 1996)

1.      These Regulations may be cited as the Environment Protection (Impact Assessment) Regulations.

2.      In these regulations unless the context otherwise requires -

"Authority" means the Authority as defined in regulation 2(a) of the Environment Protection (Miscellaneous) Regulations;

"proponent" means the owner of, or a person who has the charge, management or control of, the project or activity or any proposal, plan, or programme in respect of a project or activity whether in the public or in the private sector;

"EIA" means an Environment Impact Assessment Study;

"environmental authorisation” means an authorisation under section 15(1) of the Act

3.      (1)     For the purposes of section 15(1) of the Act-

(a)     a project or activity specified in Schedule I; or

(b)     any other project or activity which for reasons to be stated in writing is, in the opinion of the Authority, likely to have a significant impact on the environment, is a prescribed project or activity.

(2)     For the purposes of section 15(1) of the Act any area specified in Schedule 2 is a protected area or an ecologically sensitive area, as the case may be.

4.      (1)     An application for an environmental authorisation of a project or activity shall be made by its proponent-

(a)          where the project or activity is a development within the Town and Country Planning Act, to the Minister responsible for the administration of that Act or to the Town and Country Planning Authority established under that Act, as the case may be, who or which shall forward a copy of the application to the Authority; or

(b)     where the project or activity does not fall within paragraph (a), to the Authority.

(2)     Where the Minister or the Town and Country Planning Authority referred to in sub-regulation (1) (a) forwards a copy of an application under that sub-regulation to the Authority, the Minister or the Town and Country Planning Authority shall, in exercising the powers under the Town and Country Planning Act, have regard to a grant or refusal of an environmental authorisation in respect of that application.

5.      (1)     On receipt, under regulation 4, of an application for environmental authorisation, or a copy of the application, as the case may be, the Authority shall, subject to sub-regulation (2) determine whether the project or activity requires -

(a)     an EIA class I; or

(b)     an EIA class II.

(2)     In making a determination under sub-regulation (1), the Authority shall have regard to the guidelines laid down by the Authority and the likely impact that the project or activity may have on the environment.

(3)     The Authority shall inform its determination under sub-regulation (1) requiring an EIA class 1 to the proponent of the project or the activity and, where applicable, to the Minister or Town and Country Planning Authority referred to in regulation 4(1)(a) within 14 days after the receipt of the application or its copy by the Authority.

6.      (1)     Where the Authority determines under regulation 5 that a project or activity requires an EIA class I, the Authority shall define the terms of reference of the EIA and forthwith notify the proponent and, where applicable, the Minister or the Town and Country Planning Authority referred to in regulation 4(1)(a).

(2)     Where the Authority determines under regulation 5 that a project or activity requires an EIA class II, the Authority may-

(a)          on behalf of the proponent undertake the preparation of the EIA; or

(b)     direct the proponent to prepare the EIA and define its terms of reference, and forthwith notify the proponent and, where applicable, the Minister or the Town and Country Planning Authority referred to in regulation 4(1)(a).

(3)     Where the Authority undertakes the preparation of the EIA under sub regulation (2) (a), the Authority shall direct the proponent of the project or activity to submit to the Authority such information as may be necessary and obtain such other assistance from the proponent or any other organisation or agency in the public or private sector.

7.      (1)     A proponent of a project or activity shall, after the preparation by of the EIA in accordance with the terms of reference defined under regulation 6(1) or 6(2) (b), as the case may be, submit the EIA to the Authority along with other documents as may have been requested by the Authority.

(2)     The Authority-

(a)          shall make a preliminary review of the EIA and the documents submitted under sub-regulation (1); and

(b)     may require the proponent to carry out further study or submit additional information for the purpose of ensuring that the EIA is as accurate and exhaustive as possible.

(3)     On receipt of all the completed documents, in respect of an EIA class I the Authority shall give an acknowledgement to the proponent.

(4)     The Authority may, for the purpose of the review under sub-regulation (2)(a), request any person or organisation or agency in the public or private sector to submit their observations in writing on the EIA.

(5)     Any person, organisation or agency requested under subregulation (4) to submit observations on an EIA shall not divulge or communicate any information contained in the EIA to any other person, organisation or agency except with the consent in writing of the proponent in relation to that EIA or of the Authority.

(6)     Any contravention of sub-regulation (5) is an offence punishable by a fine of R5000 and imprisonment for a period of 6 months.

8.      (1)     An EIA class I prepared by a proponent of a project or activity shall be open for public inspection at such place and such time as may be specified in a notice published by the Authority under this regulation.

(2)     The notice under sub-regulation (1) shall state-

(a)     the summary description of the project or activity;

(b)     the location where the project or activity is to be carried out;

(c)     the place where the EIA may be inspected;

(d)     the period within which the EIA is open for inspection.

(3)     The notice shall be published in 2 issues of a local newspaper with an interval of not less than seven days between the first and second publication.

(4)     Any member of the public being a citizen or a resident of Seychelles may make in writing comments on the EIA or the project or activity relating to the EIA within the period specified in the notice under sub-regulation (1) or record the comments in the register kept by the Authority at the place of inspection specified in the notice under sub-regulation (1).

9.      (1)     Where it is considered necessary by the Authority, the Authority may refer the EIA to an Environmental Appraisal Committee appointed under section 15(2) of the Act.

(2)     The Environmental Appraisal Committee, hereafter referred to as “EAC”, shall consist of not less than 5 and not more than 7 technical experts in the relevant development sector and representatives of the concerned Ministries or departments.

(3)     One half of the members of EAC shall constitute a quorum for any meeting of the EAC.

(4)     The EAC, in relation to a referred project or activity, shall have a right of entry and inspection of the site, or as the case may be, premises, at any time prior to, during, or after the commencement of the operations relating to the project or activity.

(5)     The EAC, in relation to a referred project or activity, may seek any additional information from the proponent or any other assistance that may be necessary for the purposes of examining the EIA.

(6)     The EAC shall examine the EIA referred to it by the Authority along with the comments and observations made by it, and any public comments that may have been received.

(7)     The EAC shall make its recommendations to the Authority.

(8)     Subject to sub-regulation (3), the EAC shall regulate its meetings and proceedings.

10.    (1)     In granting an environmental authorisation for a project or activity, the Authority shall have regard to-

(a)          made under regulation any comments 8(4); and

(b)     any recommendations made by the EAC.

(2)     The Authority may require the proponent of the project or activity to furnish any additional information as may be required any time before granting the environmental authorisation for the project or activity.

(3)     An environmental authorisation granted for a project or activity may be subject to such terms and conditions as may be specified by the Authority.

(4)     Where the Authority -

(a)          approves the EIA in respect of a project or activity it shall grant an environmental authorisation to the proponent of the project or activity;

(b)     does not approve the EIA in respect of a project or activity, it shall refuse to grant an environmental authorisation to the proponent of the project or activity.

(5)     The Authority shall notify its decision -

(a)     to grant an environmental authorisation; or

(b)     to refuse an environmental authorisation,

for a project or activity to the proponent of the project or activity and, as the case may be, to the Minister or the Town and Country Planning Authority referred to in regulation 4(1) within 56 days after the date of acknowledgement of the documents given by the Authority under regulation 7(3) if the project or activity falls under the category requiring an EIA class I and within 28 days after the receipt of the application if it falls under the category requiring an EIA class II.

11.    (1)     Any person aggrieved by a decision given by the Authority under regulation 10(4) may appeal to the Minister in Form I in Schedule 3 within 30 days from the date of receipt of the decision or order.

(2)     An appeal under sub-regulation (1) shall be accompanied by a fee of R250.

12.    (1)     Where any development of land, not being a development falling within regulation 4(1)(a), requires permission of the Town and Country Planning Authority established under the Town and Country Planning Act, an application for such permission shall be referred to the Authority.

(2)     The Authority shall consider the application referred to it under subregulation (1) within a period of 2 weeks after the referral and make its observations to the Town and Country Planning Authority.

(3)     In granting permission for any development referred to in subregulation (1), the Town and Country Planning Authority shall have regard to the observations made under subregulation (1).

SCHEDULE 1

Regulation 3(1)

PROJECTS OR ACTIVITIES REQUIRING ENVIRONMENTAL AUTHORISATION

CATEGORY OF PROJECT OR ACTIVITY

1  Mining:

1-1 Quarries and deposit sites.

1-2 Rock crushing, splitting, blasting and excavating.

1-3 Commercial production of aggregates and other materials.

1-4 Earthworks.

2.  Agricultural production:

2-1 Commercial rearing of livestock, including pigs, cattle and poultry.

2-2 Drainage or irrigation for commercial purposes.

3  Forestry:

3-1 Logging operations and vegetation clearing.

3-2Foresttracks or trails: construction or improvement.

3-3 Sawmills: construction.

4  Fish and associated products farming:

4-1 Fish farming works and extension, aquaculture.

4-2 Fish processing plants and equipment.

5  Chemical industries:

5-1 Manufacture, handling, storage and transportation of hazardous chemicals

      or substances.

6 Industry:

6-1 Construction of industrial buildings.

6-2 Installation of industrial equipments.

6-3 Transportation equipment of industrial products: (classified dangerous as

      per UNEP specifications)

7 Food and agricultural industries.

8 Energy production and distribution:

8-1 Power plant.

8-2 Electric line.

8-3 Gas storage.

8-4 Pipeline.

8-5 Bottling plant.

9 Water:

9-1 Dams and reservoirs.

9-2 Water treatement plant.

9-3 Public water supply network.

9-4 Desalinization plant.

10 Sewage and waste water:

10-1 Sewerage treatment plants.

10-2 Sewage networks and outfall.

11 Solid waste:

11-1 Dumping sites.

11-2 Treatment plant.

11-3 Collecting equipment.

12 Hotels, Restaurants, and Tourism :

12-1 New hotels or extension of existing hotels.

12-2 Facilities such as golf, swimming pools.

12-3 Restaurants.

13 Fishing vessels and fleet construction:

13-1 New industrial vessels.

14 Transport, Harbour and Marine:

14-1Harbourconstruction and development.

14-2 Construction of airfields aviation strips and landing grounds.

14-3Harbourdredging operations.

14-4 Equipment purchase and installation.

14-5Seadefenses and sea walls.

14-6 Dry docks.

15 Land reclamation.

16 Habitat:

16-1 Housing development and/or land subdivision that would give rise to the

        creation of a large housing estate.

16-2 Housing development and/or land subdivision that would result in

        increase pressure on existing infrastructure and or environment.

17 Road network:

17-1 New roads.

17-2 Extension out from existing bank.

17-3 Surfacing of earth tracks or roads.

17-4 Water drainage networks.

 

SCHEDULE 2

regulation 3(2)

PROTECTED AND ECOLOGICALLY SENSITIVE AREAS

A)     Protected areas

A.1.  National parks, special nature or wildlife reserves and other protected areas:

(i)      All areas designated under section 5 of the National Parks and Nature Conservancy Act (Cap 141)

(ii)     Shell reserves as designated under the Fisheries Act. (Cap 82 Sub. Leg. pg 16)

(iii)    Protected areas designated under the Protected Areas Act: African banks, - Ile Coco , -Ile la Fouche, -Ilot Platte, -Bel Ombre. (Cap. 185 Sub. Leg. pgs 9, 10 and 11)

(iv)    Sainte Anne Island land use plan conservation area. NRC 95/13.

(v)     Anse Lazio coastal belt (Landscape of outstanding beauty). CAB 95/54.

A.2.  Historical sites and areas surrounding the National Monuments:

The area within a radial distance of fifty metres around each of the National Monuments which are protected by a declaration order under the National Monuments Act (Cap 140) or any other law and around those sites, buildings and monuments which are given in the list below (A3), except however, in the case of those historical sites, buildings or monuments located in any of the districts of Mount Buxton, English Rivers, St. Louis, Bel Air, Plaisance and Mont Fleuri in which case the radial distance shall be 30 meters instead of 50 meters.

A.3.  Sites, buildings, monuments: ( see A2 for conditions).

Fiennes Esplanade, F. Rachel Av., Victoria

Original Landing of the French, Baie Lazare.

Signal Hill Look out Post, Mt. Signal,

Riv. Anglaise

Original site of Pierre de Possession,

La Poudrière

Lenstiti kreol, Anse aux Pins.

Water Mill, Cascade.

Victoria Market, Victoria.

Carnegie Building, Victoria.

ex. St John Bosco School, Belonie,Victoria.

Lighthouse ,Victoria Harbour.

Camion Hall, CODEVAR,Victoria.

Northolme Hotel, Glacis.

Léproserie, Ile Ronde.

Old Pirogue Sheds, Anse aux Pins.

Syna Adeline plantation house, Anse Kerlan.

Regina Mundi School, MontFleuri.

Léproserie, Curieuse

Salles d’oeuvres, Victoria.

Seychelles College, MontFleuri.

Seychelles Hospital, Victoria

BatteryGuns, Sainte Anne

Four à graisse de baleine, Sainte Anne.

Queau de Quincy Building, Mont Fleuri.

Bagatelle House and gardens.

Jardin du Roi House and gardens.

Anse Royale, Church of England, Anse Royale

Queau de Quincy Tomb, State House.

Remains of l’etablissement du Roi, State House.

War Memorial, Mont Fleuri Cemetery, Mont Fleuri.

Anse Boileau Catholic church.

Grande Anse Catholic church.

Port Glaud Catholic church.

St. Louischapel, Saint Louis.

Sainte Anne chapel, Cerf Island.

Beauvoir church, La Misère.

Cathedral of the Immaculate Conception, Victoria

St Francis Catholic church, Baie Lazare

St Roch Catholic church, Bel ombre.

St Johnthe Baptist Catholic church, Glacis.

St Matthew's church, Grand'Anse Praslin.

St. Joseph Catholic church, Grand'Anse Praslin.

Pentecostal church, Mont Fleuri.

AnseDéjeuner Churchof England.

St Anthony Catholic chuch, Anse étoile.

Sr Theresa Catholic church, Plaisance.

Cathedral of the Immaculate Conception, Victoria

St Francis Catholic church, Baie Lazare

St Roch Catholic church, Bel ombre.

St Johnthe Baptist Catholic church, Glacis.

St Anthony Catholic chuch, Anse étoile.

Sr Theresa Catholic church, Plaisance.

St Michael Catholic church, Anse aux pins.

Sr Joseph Catholic church, Anse Royale.

St Mary Magdalena Catholic church, Takamaka.

Seven's day adventist chapel, St Louis.

New Apostolic church, Mont Fleuri.

Hindu temple, Victoria.

Islam Mosque, Victoria.

Francis Rachel street.

Market street.

Albert street.

Revolution avenue

A.4.  Remarkable natural landscapes:

All areas listed below are sites of outstanding natural and physical beauty, either natural or developed.As designated on maps deposited with the Division of Environment and certified by the Director General of Environment..

MAHE:

 

-Mont Sebert - Les Dents.

-Rock at Anse Louis, "teapot".

-Castle peak.

-Rocks at Le Rocher

-Glacis du Cap at Anse aux pins.

-Danzille to Anse Major.

-Fairyland, Ile Souris et plages.

-Cascade de Grande Anse.

-Anse Parnel et Cap Lascars.

-Cascade de Bel ombre.

-Rochers d'Anse Forbans.

-Rocks at Baie Lazare beach.

-Anse Capucins.

 

-Anse Petite Boileau.

PRASLIN:

-Pointe Police.

-Anse Lazio and Baie Chevalier.

-Pointe du Réduit

-Anse Georgette.

-Pointe Maravi.

- Petite Anse Kerlan

-Glacis de Val Mer.

-Anse Matelot.

-Pointe Gouvernement.

-Ilot Chauve Souris.

-Pointe Petit Gouvernement.

-Ilot Saint Pierre.

-Pointe Petite Anse.

-Rocher du Comédien

-Falaises des Remparts.

 

-Pointe Barbarons.

LA DIGUE:

-Cascades de Souvenir, la Misére.

- Southern coast from pointe Source d`Argent

to Grand l'Anse.

-Petite ile.

- Grande Anse and Petite Anse.

-Pointe Escalier.

- Western coastal strip from pointe Turcy to

Anse Patate

-Cascade de Port Glaud.

- Pointe Cap Barbi.

-L'Ilot.

- La Passe rocks.

-Falaise de Danzille.

 

-Pointe sud d'Anse Boileau.

 

-La Réserve.

 

A.5.  Viewpoints:

The area extending upto 50 meters downwards, away from the road, around viewpoints indicated below:

- Forêt Noire road down "Tea factory" -altitude from 80 to120 m, and 160 to 180m.

- Forêt Noire road at "Sans Soucis" -altitude from 200 to 210m, and 420 to 430m.

- Mission Lodge car park.

- La Misère road before "Grande Anse" -altitude from 100 to 150 meters.

- La Misére road at "la Misére" -altitude from 170 to190 meters.

- Grand Fond at Praslin -altitude above 300 meters.

A.6.  Inter-urban buffer zones:

The areas as defined in the indicative land use plan (PAT June 1992).

A.7.  Water catchment areas:

Those areas located upstream of dams that are used for public water catchment and water storage, and the following areas that are potential water catchment basins:

Rivière Mare aux cochons. Above 50 meters altitude.

Rivière les Mamelles. Above 80 meters altitude.

Rivière Pasquière. Above 50 meters altitude.

La Digue: 150 meters radius around the wells at "le Plateau"

A.8.  Industrial risk areas:

Areas in the viccinity of industrial equipments or activities, with a high risk potential in case of an accident or an hazard.

Mahé:-200 meters around Fuel and LPG storage at Newport Victoria.

-200 meters around Fuel storage at Mahé airport:

-50 meters each side of river Anse Etoile, downstream of La Gogue Dam:

-25 meters each side of river Rochon downstream to Rochon dam.

-Mahe Airport landing path:

1000 m. radius from the end of the airstrip in both directions, in a 10° Angle.

-200 metres around Anse Royale dumping site.

-200 meters around Petit Paris dumping site.

-200 meters around Pointe Larue quarry.

-200 meters around Providence quarry.

Praslin:-200 meters around Fuel storage at Baie Sainte Anne

-Airport landing path:

500 m. radius from the end of the airstrip in both directions, in a 10° Angle.

-200 m. Around La Jalousie dumpimg site.

-200 m. Around La Jalousie quarry.

-200 m. Around Anse Citron quarry.

La Digue: -200 m. Around L'Union dumpimg site.

A.9.  Natural risk areas:

Areas with a risk potential, by natural hazards, especially landslides and fall of boulders, on granitic and red earth steepest slopes and surroundings, such as:"Trois Freres Estate",

"Pied du Morne" area, North east of "Copolia","Le Rocher" and "Brillant" area,"Anse Talbot" and "Riviere Bayonne" area, Mont Buxton area. As designated on corresponding maps...

A.10.   Steep slopes:

Any area where the average slope within 50 meters on each side of the proposed development is higher than 1:2 gradient.

A.11.   Earth erosion areas:

Areas which are highly eroded, particularily as a consequence of the destruction of the vegetation. An area is considered as eroded when the vegetation covers less than 50 % of the ground, on an average basis.

A.12.   High elevations:

Areas located at an altitude of more than 200 meters above the sea level, except in the following districts viz: English River, Mont Buxton, St Louis, Bel Air, Plaisance, Anse Etoile and Grande Anse, where the altitude is set at 300 m. above the sea level.

A.13.   Skyline:

Skyline is the line at which earth and sky appear to meet. It has an altitude higher than 50 meters above sea level and a water flow descending in two different directions. The sensitive area includes a 50 meter radius or strip from the skyline.

(B)    Ecologically sensitive areas:

B.1.   Natural Habitats for rare, protected or endemic species of fauna and flora:

The areas categorised below are based on one or more of the following considerations:

-        to protect the endemic species

-        to protected species according to national or international (CITES) conventions, laws or regulations.

-        to protect endangered species which need special attention because of particular uses which threaten their population.

Extension as designated on maps deposited with the Division of Environment and certified by the Director General of Environment

MAHE:

-        Montagne Glacis.

-        Mont Josephine .

-        Mt. Planeau -L`Abondance -Grand Bois -Varigault.

-        Mont Sebert -Les Dents.

-        Montagne Brulee -Castle Peak .

-        Mont Parnel.

-        Le Desert.

-        Mont Signal.

-        Montagne Corail -Mont Cauvin -Giraffe.

-        Riviere Dauban, Bardeau.

-        Copolia.

-        Anse Capucin

-        Anse Bazarca.

-        Glacis between Anse Louis and Souvenir.

-        Glacis at Barbarons

-        Glacis Béolière.

-        L'Islette.

-        Sainte Anne, Grande Anse.

-        Souvenir.

-        Roche Caiman, Bird Sanctuary.

-        Endangered birds nesting areas.

PRASLIN:

-        Nouvelle decouverte.

-        Consolation.

-        Fond Ferdinand, Fond d'Albaretz.

-        Cap Jean Marie.

-        Rivière Pelissier.

-        Mont Cabris.

-        Pointe Badamier.

-        Newcome.

-        Savoie.

-        Petite Cour glacis.

-        Grande Anse, Fond de l'Anse.

-        Baie Pasquière.

-        Endangered birds nesting areas.

LA DIGUE

-        Nid d'Aigle.

-        Woodlands of le Plateau- nesting territories for La Veuve

-        Belle Vue

-        Endangered birds nesting areas.

B.2. Marshes and Wetlands habitats:

Areas where the water table enables specific vegetation to thrive, whether the area is permanently or temporarily flooded, or fresh or salt water, including all mangroves.

The relevant areas may show some of the following characteristics:

-        contributes to decrease in water pollution before it outflows to the sea

-        decreases excessive flooding of lands

-        contains specific fauna habitats and contributes to nesting and breeding of this type of fauna.

B.3.   Streams and Surroundings:

Areas as categorised in Schedule A of the State Land and River Reserves Act. (Cap 228)

B.4.   Coastal Strip:

The area extending upto a distance of 100 meters towards landward side from the high water mark except in the following cases:

-        Where a paved and regularly used vehicular road alongside the sea has been built nearer than 100 meters towards land. In this case, the road defines the boundary of the coastal strip.

-        Where the area is already developed, including a 20 meter radius around the existing development.

-        Where the area has been scheduled in an approved development plan for the proposed development.

-        Where an integrated coastal zone management plan (ICZM) has defined the delineation of the coastal strip under section 11 of the Environmental Protection Act.

-        On the eastern coast of Mahé from North east Point to Ile du Suète.

B.5.   Beaches and intertidal zones:

All areas between the lowest low tide and the dune crest plus 20 meters on the landward side. If a dune crest does not exist, the landward boundary will be 30 meters from the high water mark.

B.6.   Seabed:

All lands that are regularly flooded by the sea within the territorial waters fall in this category. For estuary and mangroves, the sea bed boundary is defined by a junction line across the outflow at the high water mark.

B.7.   Small islands and outlying islands:

All Seychelles islands except the main islands of Mahe, Praslin, La Digue where the sensitive areas are defined based on specific considerations.

SCHEDULE 3

FORM I

(Regulation 11)

(FORM OF MEMORANDUM OF APPEAL)

Memorandum of Appeal under Regulation 11 of the Environment Protection (Impact Assessments) Regulations.

................................................................

................................................................

................................................................

................................................................ .................................. Appellant

(here furnish complete postal address)

Vs.

...............................................................

...............................................................

(here mention the name and designation of

the Authority)

.................................. Respondent

(1)     The appellant named above, begs to prefer this Memorandum of Appeal against the decision /order dated ........................................ passed by...................................

(2)     The facts of the case are as under:

(here briefly mention the facts of the case)

(3)     The grounds on which the appellant relies for the purpose of this Appeal are as below:

(here mention the grounds on which the appeal is made)

(4)     In the light of what is stated above the appellant respectfully prays that the decision/ order is unreasonable and be set aside/varied in the following manner.

(here mention the manner in which the objections are made)

(5)    The amount of Rs ....................(Seychelles Rupees.......................................) as fee for this Appeal has been paid to.................................................................. vide receipt No. .......................................... dated ..............................................

Place:                                                                                      Signature of the Appellant:

Date:                                                                                       Name:

                                                                                               Occupation:

                                                                                               Address:

                                                           Verification

I ............................................................. (Appellant’s name) in the above Memorandum of Appeal/or/duly authorised agent do/does hereby declare that what it stated therein is true to the best of may knowledge and belief and nothing has been hidden thereunder.

Signature ......................................

Name ...........................................

               (in block letters)

Occupation ...................................

Address ........................................

......................................................

....................................................

............................................Date:

_____________________

 

SI. 49 of 1999

Sections 6 and 40

Environment Protection (Noise Emission Standards) Regulations

 

1.      These Regulations may be cited as the Environment Protection (Noise Emission Standards) Regulations.

2.      The limits of noise level in respect of areas and times referred to in the Schedule are hereby prescribed as the noise emission standards for the purpose of sections 6 and 9 of the Act

3.      These Regulations shall not apply to noise generated by aircraft, or vehicular traffic or animals.

SCHEDULE

1.      In this Schedule -

"Authority" means the Authority within the meaning of section 4 of the Act;

"noise" means the vibration of a frequency within the range of 0 - 20,000 Hertz;

"dB(A)" means decibels on the A-weighting scale;

"Leq" means the continuous sound level which gives the same total energy as the varying sound level;

"L(10)" means the sound pressure level exceeded 10% of the time;

"pristine" used with reference to an area denotes a natural environment of particular value because of its quietness, beauty or natural sounds;

"impulse" means an abrupt variation of short duration of noise level followed by a rapid return to the initial state;

"industrial" used with reference to an area means an area of land developed for the sitting of trade and manufacturing enterprises;

"residential" used with reference to an area means an area mainly occupied by private houses.

2.      Noise Emission Standards

Description of Area

Time

Limits in Decibel dB(A)

Residential

0600 hrs - 2300 hrs

2300 hrs - 0600 hrs

60 Leq

55 Leq

Industrial

At all times

(L10) 75

Measurement shall be done at boundaries of industrial site

Audible intrusion in pristine acoustic environment

 

60 Leq

3.      Testing

Testing shall be carried out in accordance with Appendix A of SS43: 1998 or any other test methods approved by the Authority.

Equipment used for measurement of noise level shall be approved by the Authority.

A sampling time of 15 minutes shall be adopted for test unless the Authority decides otherwise

_________________________

Section 29(9)

[2nd November 1999]

_______________

SI. 51 of 1999

Environment Protection (Fixed Penalty) Order

 

1.      This Order may be cited as the Environment Protection (Fixed Penalty) Order, 1999.

2.      With effect from the date of publication of this Order, the fixed penalty payable in pursuance of a notice under section 29 of the Environment Protection Act shall be R200.

_______________

Section 10(3)

 

 

SI. 24 of 2000

Environment Protection (Ozone) Regulations, 2000

[15th May 2000]

 

1.      These Regulations may be cited as the Environment Protection (Ozone) Regulations, 2000.

2.      In these Regulations -

"Administrator" means the Administrator of the Authority under section 2 of the Act.

3.      These Regulation shall apply to -

(a)     the substances specified in the Schedule and goods containing, made with or designed for, such substances (hereinafter referred to as "controlled products"), and

(b)     persons who, in the course of any licensed activity or otherwise, import, export, sell, purchase or use controlled products (hereinafter referred to as "persons to whom these regulations apply").

4.      No person shall produce or manufacture controlled of products.

5.      No person shall sell any controlled products -

(a)     except under, and otherwise than in accordance with the conditions of, a permit issued under these Regulations;

(b)     except to persons who are, by a permit issued in that behalf under these regulations, authorised to purchase controlled products.

6.      No person shall use controlled products for any purpose including the purpose of installing, servicing, or operating any led products such products, except under, and otherwise than in accordance with the conditions of, a permit issued under these Regulations.

7.      (1)     No person shall decommission controlled products except under, and otherwise than in accordance with the condition of, any licence issued by the Seychelles Licensing Authority.

(2)     A licence referred to in sub-regulation (1) shall be issued to a person only if such person has satisfied the Administrator that he has completed a course of training approved by the Administrator.

8.      Every application for a permit under these Regulations shall be made to the Administrator in the form provided by the Ministry of Environment and shall be accompanied by such documents as may be specified in the form.

9.      (1)     On receipt of an application under regulation 8, the Administrator may use a permit or may refuse to issue a permit.

(2)     A permit issued under these Regulations shall -

(a)     be subject to any conditions set out therein;

(b)     remain in force for such period as may be specified therein and shall be renewable;

(c)     not be transferable.

10.    Any person aggrieved by the decision of the Administrator to refuse to issue or renew a permit may within thirty days of such decision appeal to the Minister against the decision. The decision of the Minster on such appeal shall be final and conclusive.

11.    (1)     The Administrator may cancel a permit if any of the conditions specified in the permit is contravened, after giving the holder of the permit an opportunity to show cause why the permit should not be cancelled.

(2)     A person aggrieved by the decision of the Administrator to cancel a permit may within thirty days of the decision appeal to the Minister against the cancellation and the Minister's decision on such appeal shall be final and conclusive.

12.    A person to whom the regulations apply shall be required to make arrangements for the recovery of controlled products -

(a)     from refrigerators and air conditioners;

(b)     from equipment containing such products;

(c)     from fire protection systems;

(d)     before recycling and reclamation of such products during servicing or maintenance of goods; or

(e)     before dismantling or disposal of goods.

under the supervision of an officer authorised in that behalf by the Ministry responsible for Environment and Transport.

13.    Persons to whom these regulations apply shall be responsible for taking all practical measures to prevent leakage of substances constituting controlled products whenever they handle controlled products.

14.    (1)     The Minister may empower any officer of his Ministry to be an authorised officer for the purpose of ensuring compliance with these Regulations.

(2)     The provisions of section 22 of the Act shall mutatis mutandis apply to an authorised officer empowered under this regulation.

15.    Any person who contravenes Regulations 4, 5, 6, 7, 12, 13 of these Regulations is guilty of an offence and is liable on conviction to imprisonment for a period not exceeding 2 years and to a fine not exceeding R20,000.

SCHEDULE

1.      Any substance mentioned below or a compound containing any such substance and all isomers of such substances

Substance

CFC     11

CFC     12

CFC     113

CFC     114

CFC     115

Halon   1211

Halon   1301

Halon   2402

CFC     13

CFC     111

CFC     112

CFC     211-217

Carbon Tetrachloride

Mathyl Chloroform

HCFC's

HBFC's

Methyl Bromide

2.   Goods containing, made with, or designed for the substances referred to in paragraph 1.

______________________

SI. 14 of 2001

Section 40

 

Environment Protection (Containers) Regulations

[30th April 2001]

 

1.      These Regulations may be cited as the Environment Protection (Containers) Regulations.

2.      In these Regulations -

“Administrator” means the Director General of the Environment Division of the Ministry of Environment and Transport or such other officer as may be so designated by the Minister;

“Container” means a large receptacle of standard design used for transportation of goods.

3.      (1)     These Regulations shall apply to all containers except those that are being used for the transportation of goods and those that are kept at container yards.

(2)     In the event of any dispute as to the applicability of these Regulations to a particular container the Administrator’s determination shall be final and conclusive.

4.      (1)     No person shall have in that person’s custody, or possess or use, a container to which these Regulations apply otherwise than under and in accordance with the conditions of a permit issued under these Regulations.

(2)     The conditions of a permit shall relate to the siting, use, maintenance and disposal of the container in respect of which the permit is given.

(3)     This regulation shall not be enforced until thirty days have passed after the coming into operation of these Regulations.

5.      A person may apply to the Administrator for a permit under these Regulations stating -

(a)          the name and address of the applicant;

(b)     the premises where the container is kept;

(c)     the purpose for which the container is used or its proposed to be used;

(d)         the manner of disposal of the container.

6.      Where, on the coming into operation of these Regulations, a person has in that person’s custody or possesses or uses a container to which these Regulations apply, that person shall be deemed to have complied with Regulation 4, if an application is made by that person within 30 days after the coming into operation of these Regulations, and a written acknowledgement of the application is obtained by that person.

7.      (1)     If an application for a permit under these Regulations is not granted, the Administrator may by written notice, direct the applicant to dispose of the container in such manner and within such period as may be specified in the notice.

(2)     If a container is not sited, used or maintained in accordance with the conditions of a permit, the Administrator may by written notice direct the permit holder to dispose of the container within the period specified in the notice.

(3)     The Administrator may by written notice direct -

(a)          a person who appears to be in contravention of regulation 4(1) to comply with that regulation within such period as may be specified in the notice;

(b)     the owner of any abandoned container to remove or dispose of the container in such manner and within such period as may be specified in the notice.

8.      A person who contravenes regulation 4 or a direction under regulation 7 shall be guilty of an offence, and shall on conviction be liable to a fine not exceeding R20,000.

__________________

 

SI. 39 of 2008

Section 13 and 40

 

Environment Protection (Restrictions on Plastic Bags) Regulations

[16th June 2008]

 

1.            These Regulations may be cited as the Environment Protection (Restrictions on Plastic Bags) Regulations.

2.            In these Regulations, unless the context otherwise requires:

“commercial distribution” means making plastic bags directly or indirectly available for packaging or carrying of goods;

“plastic bag” means a type of flexible packaging made of thin, flexible, plastic film used for containing and transporting foods, produce, powders, ice, chemicals ,waste, etc.

“plastic film” means a continuous, thin, non-woven membranous skin or layer of flexible material made of thermoplastic materials;

“trade” means the sale of plastic bags and to any person, including, but not limited to, wholesalers and retailers of goods, for use within the Republic of Seychelles.

3.            (1)     The manufacture, trade and commercial distribution of domestically produced and imported plastic bags below 30 microns, for use within the Republic of Seychelles, are hereby restricted.

(2)     A tolerance of 20 percent variation in the measurement of the minimum thickness of the plastic film, used in the manufacture of the plastic bag, shall not be considered as contravening sub-regulation (1), where such variation is subsequent to the normal variation occurring in the normal course of production.

4.            Where, on the coming into operation of these Regulations, a manufacturer, a trader or a distributor has in its custody plastic bags to which these Regulations apply, that manufacturer, trader or distributor has six months from the date of coming into operation of these Regulations to use or distribute its plastic bags.

5.            A person may apply to the Trades Tax Division for an import permit under these Regulations, which may be given only after consultation from and approval by the Ministry responsible for environment.

6.            (1)     Any person who contravenes these Regulations shall be guilty of an offence and is liable on conviction to a fine of SR5,000 or to imprisonment for a period not exceeding one year, or to both such fine and imprisonment.

            (2)     Any person convicted of an offence in terms of these Regulations and who, after such conviction, persists in the act or omission which constituted such offence, shall be guilty of a continuing offence and liable, to a further fine of SR2,000 for each day during which the offence is so continued.

            (3)     Where an offence in terms of these Regulations is continued beyond a period of one year after conviction by the person so convicted, the person shall be guilty of an offence and liable on conviction to imprisonment for not less than one year and not exceeding two years.

__________________

 

SI. 29 of 2009

Section 29 (9)

 

Environment Protection (Fixed Penalty) Order

[7th July 2008]

 

1.      This Order may be cited as the Environment Protection (Fixed Penalty) Order, 2008.

2.      With effect the date of publication of this Order, the fixed penalty payable in purchase of a notice under section 29 of the Environment Protection Act shall be R500.

3.      The Environment Protection (Fixed Penalty) Order, 1999 is hereby repealed.

_______________

 

SI. 29 of 2009

Section 12 (2)

 

Environment Protection (Landscape and Waste Management Agency) Regulations

[2nd March 2009]

 

1.      These Regulations may be cited as the Environment Protection (Landscape and Waste Management Agency) Regulations, 2009 and shall be deemed to have come into operation on 1st January, 2009.

2.      In these Regulations-

“Agency” means the Landscape and Waste Management Agency established under regulation 3(1);

“Board” means the Board appointed under regulation 10(1);

“hazardous waste” means any waste harmful to health and the environment;

“landscape waste” means any area of land private or public, in its natural state or alerted by human intervention that may be or is used for public purposes or to which the public or part of the public has a right of access;

“landscaping” means the upkeep, planting, or installation or maintenance of facilities on any land or area used for public purposes or to which the public or part of the public has a right of access;

“member” means a member of the Board and includes the Chairperson;

“Minister” means the Minister responsible for Environment;

“waste” means garbage, refuse, sludge, construction debris and any other discarded substance resulting from industrial and commercial operations or from domestic, individual or community activities.

3.      (1)     There is established an Agency to be called the Landscape and Waste Management Agency, which shall be a body corporate.

         (2)     The Agency is responsible for the management of waste and overall landscape development and management of Seychelles.

4.      The Agency-

(a)     shall monitor the work of contractors undertaking landscaping contracts on behalf of the Government of Seychelles to ensure that quality and standards are maintained in accordance with the landscaping contracts;

(b)     shall act as adviser to the Government of Seychelles with regards to landscape management;

(c)     shall plan, coordinate and monitor the development and management of public landscaping in Seychelles;

(d)     shall be responsible for the maintenance of all drains including the repairs of such drains;

(e)     shall maintain and improve the landscape of urban centers, roads, highway corridors, public parks and any other public places;

(f)     shall be responsible for the management of waste including the monitoring and control of a waste disposal site;

(g)     shall issue technical instructions that provide for technical acceptance conditions for the deposit and discharge of waste at a waste disposal site;

(h)     shall designate and approve a site where receptacles or public waste bins may be placed prior to collection for disposal at a waste disposal site;

(i)      shall issue instructions as to the manner in which waste may be placed in receptacles or public waste bins for disposal at a waste disposal site;

(j)      may enter into contracts or agreements with any person or companies for the collection and disposal of waste, cleaning of waste bins and any other matter relating thereto;

(k)     shall ensure that companies or persons responsible for waste collection, collect waste, clean waste bin sites and dispose waste at a waste disposal site;

(l)      may charge fees for the collection of disposal and treatment of waste;

(m)    shall maintain statistical data on the nature, quantity and volume of waste generated, and of sites where waste processing and waste disposal are taking or has taken place;

(n)     shall advise the Minister on the preparation of waste management plans and written laws, which the Agency may consider necessary in connection with the performance of its functions.

5.      (1)     The Minister shall appoint a person to be the Chief Executive Officer of the Agency on such terms and conditions as may be applicable to an employee of a public body.

         (2)     Subject to the directions of the Board, the Chief Executive Officer-

(a)     shall have supervision over and direction of the day to day affairs of the Agency;

(b)     shall perform the functions of the Agency;

(c)     shall have power to sign documents on behalf of the Agency; and

(d)     may delegate any of his or her powers to any other employee of the Agency.

(3)     On appointment under subregulation (1), the Chief Executive Officer of the Agency shall be an ex-officio member of the Board.

6.      The Agency may employ such other persons as are necessary to assist the Chief Executive Officer in the performance of his or her functions on terms and conditions, and according to the procedures applicable to an employee of a public body.

7.      (1)     The funds of the Agency consist of-

(a)     moneys appropriated by the Appropriation Act and paid to the Agency; and

(b)     moneys lawfully charged by the Agency.

(2)     The funds of the Agency may be applied by the Agency-

(a)     in payment of expenses incurred by the Agency in the performance of its functions; and

(b)     in payment of salaries payable to its employees, the Chief Executive Officer and the allowances payable to the members.

8.      (1)     For each financial year the Agency shall prepare and submit to the Minister and the Minister and the Minister responsible for Finance, the estimates of income and expenditure of the Agency.

(2)     The Minister may, acting after consultation with the Minister responsible for Finance, approve with or without modification the estimates submitted under subregulation (1).

(3)     After the Minister approves the estimates under subregulation (2), the estimates so approved shall be the estimates of the Agency for the financial year for which it is prepared.

(4)     The financial year of the Agency shall be a period of 12 months ending on the 31st December of any year.

(5)     The first financial year of the Agency shall end on 31st December next following the date of publication of these Regulations.

9.      (1)     The Agency shall keep proper accounts and records in relation to the accounts and shall prepare in respect of each financial year of the Agency, a statement of accounts in such form as the Minister, acting after consultation with the Minister responsible for Finance, may direct.

         (2)     The accounts and statement of accounts of the Agency referred to under subregulation (1) shall be audited by an auditor appointed by the Minister responsible for Finance.

         (3)     As soon as the accounts are audited under subregulation (2), the Agency shall submit to the Minister and the Minister responsible for Finance a copy of the statement together with a copy of any report made by the auditor on that statement or the accounts of the Agency.

10.    (1)     The Agency is managed by the Board appointed by the Minister, consisting of the following members-

(a)     the Chief Executive Officer appointed under regulation 5(1);

(b)     a representative of the Ministry responsible for Environment nominated by the Minister;

(c)     a representative of the Ministry responsible for Health nominated by the Minister, after consultation with the Minister responsible for Health;

(d)     a representative of t he Ministry responsible for Community Development nominated by the Minister, after consultation with the Minister responsible for Community Development;

(e)     a representative of the Seychelles Tourism Board nominated by the Chairman of the Board;

(f)     a representative of the Seychelles Chamber Commerce and Industry nominated by the Chamber of Commerce;

(g)     a representative of the Consumers’ Association nominated by the Association.

            (2)     The Minister may appoint 3 other persons who, in the opinion of the Minister, have knowledge and experience likely to contribute to the successful direction of the affairs and operations of the Agency.

            (3)     The Minister shall designate a member appointed under subregulation (1) to be Chairperson of the Board.

            (4)     The Minister shall publish in the Gazette, the names of the members appointed under subregulation (1) and (2).

11.    A member appointed under regulation 10(1) and (2) shall hold office for a period of 2 years from the date of publication, and may be reappointed for a further term.

12.    (1)     The Chairperson may resign from office by a letter addressed to the Minister, and the resignation shall take effect from the date on which the Minister receives the letter.

         (2)     A member other than the Chairperson may resign from office by a letter to the Minister and transmitted through the Chairperson and the resignation shall take effect from the date on which the Minister receives the letter.

         (3)     The Minister may remove a member from office upon being satisfied that the member-

(a)     is, for whatever reason, permanently incapable of discharging the duties of a member;

(b)     has been absent, without leave of the Board, from 3 consecutive meetings of the Board;

(c)     has neglected the duties of a member; or

(d)     is guilty of an offence.

            (4)     Where a member resigns or is removed from office, other than on the expiration of the period of office-

(a)     the Minister shall appoint a person to hold office for the remaining period of office of the member referred to under regulation 10(1) (b), (c), (d) and (2); or

(b)     the person who nominated the member who vacated membership under regulation 10(1) (e), (f) and (g), shall nominate another person for appointment to the Board.

(5)     On the publication in the Gazette of the name of the person so appointed under subregulation 4(1) or (b), the person shall hold office for the unexpired period of membership of the member who vacated membership.

13.    (1)     The Board shall meet at least once every two months and at such other times as the Chairperson may determine.

         (2)     Five members shall constitute a quorum for any meeting of the Board.

         (3)     The Chairperson is to preside at all meetings of the Board at which he or she is present.

         (4)     If the Chairperson is absent from a meeting, the members present shall elect from among them, a member to preside, and the member shall, with respect to such meeting or any business transacted, have all the powers of the Chairperson.

14.    The members may be paid such allowances as the Minister may determine.

15.    The Board may regulate its own proceedings.

16.    The Environment Protection (Designation of Solid Waste Agency) Regulations, 1995 is repealed.

__________________

 

SI. 30 of 2009

Sections 4(3) and 40

 

Environment Protection (Seychelles National Parks Authority) Order

[2nd March 2009]

 

1.      This Order may be cited as the Environment Protection (National Parks Authority) Order, 2009 and it shall be deemed to have come into operation on 1st January, 2009.

2.      In this Order, unless the context otherwise requires-

“Authority” means the National Parks Authority constituted under paragraph 3;

“Board” means the Board appointed under paragraph 13;

“member” means a member of the Board and includes the Chairperson;

“Minister” means the Minister responsible for Environment;

“National Park” has the meaning given to it under section 2 of the National Parks and Nature Conservancy Act, and includes the National Parks designated under that Act.

3.      There is constituted the National Parks Authority, which shall be a body corporate.

4.      (1)     The Authority-

(a)     shall be responsible for the protection and management of a National Park;

(b)     shall implement policies and programmes for the protection and management of a National Park;

(c)     shall monitor and control all activities concerned with the management and protection of a National Park;

(d)     shall commission research or sponsor studies concerned with the management and protection of a National Park;

(e)     shall promote awareness of a National Park, and shall provide and disseminate information relating to a National Park;

(f)     shall perform such other functions with respect to the conservation of flora and fauna in a National Park as may be conferred on it by or under any written law;

(g)     may advise the Minister on policies and written laws concerned with the protection and management of a National Park, which may be considered necessary by the Authority in the performance of its functions.

5.      (1)     The Minister shall, subject to subparagraph (3), appoint a person to be the Chief Executive Officer of the Authority on such terms and conditions as may be applicable to an employee of a public body.

(2)     Subject to the directions of the Board, the Chief Executive Officer shall-

(a)     undertake executive responsibility for the effective functioning of the Authority;

(b)     have supervision over and direction of the day to day affairs of the Authority; and

(c)     perform the functions of the Authority.

(3)     The Chief Executive Officer shall be a person who is suitably qualified and has working experience in marine science, biology, management and any other disciplines relevant to the functions of the Authority.

(4)     On appointment, the Chief Executive Officer shall be an ex-officio member of the Board.

6.      The Authority may employ such other persons as are necessary to assist the Chief Executive Officer in the performance of the functions of the Authority on terms and conditions, and according to the procedures applicable to an employee of a public body.

7.      (1)     The Minister may give to the Authority directions in writing on the policy to be followed by the Authority in the performance of its functions, and the Authority shall comply with those directions.

(2)     Directions under subparagraph (1) shall not restrict or be inconsistent with the functions conferred on the Authority under this Order.

8.      (1)     The Authority may, for the purpose of the performance of its functions, with the approval of the Minister granted after consultation with the Minister responsible for Finance, borrow moneys in or outside Seychelles.

(2)     The Authority may give security over any of its assets for the purpose of a borrowing under subparagraph (1).

(3)     The Minister responsible for Finance may, out of public moneys, make, at the request of the Minister, advances to the Authority of such amounts and on such terms as the Minister responsible for Finance, acting after consultation with the Minister, determines.

(4)     The Authority shall make to the Republic at such times and in such manner, as the Minister responsible for Finance acting after consultation with the Minister may direct, payments of such amounts as may be so directed in or towards the repayment of advances made pursuant to subparagraph (3), or of any sums issued in fulfillment of any guarantee given under any written law in respect of any amount borrowed in accordance with subparagraph (1), or of interest on any such advances or sums at the rate directed by the Minister responsible for Finance.

9.      (1)     The funds of the Authority shall consist of-

(a)     moneys appropriated by an Appropriation Act and paid to the Authority;

(b)     moneys lawfully borrowed by the Authority;

(c)     moneys due on any investment made by the Authority;

(d)     other moneys lawfully received by the Authority for the purposes of the Authority.

(2)     Funds of the Authority may be applied by the Authority-

(a)     in payment or discharge of the costs, expenses and other obligations of the Authority; and

(b)     in payment of remuneration, fees and allowances payable to a member and the employees of the Authority.

(3)     Moneys of the Authority not immediately required for the purposes of the Authority may be invested-

(a)     on fixed deposits with one, or more than one, bank;

(b)     in Government securities; or

(c)     in any other manner which, the Authority, with the approval of the Minister granted after consultation with the Minister responsible for Finance, thinks fit.

(4)     The Authority shall, after making adequate provision for-

         (a)     acquisition or replacement of assets;

         (b)     depreciation of assets;

         (c)     repayment of loans and advances;

(d)     repayment of interest on all charges and expenses incurred in connection with loans; and

(e)     any matter which the Authority considers necessary, including any investment under subparagraph (3),

pay, with the approval of the Minister, the surplus funds remaining for each financial year into the Consolidated Fund.

10.    (1)     For-

(a)     each financial year of the Authority; and

(b)     any longer period which the Minister acting after consultation with the Minister responsible for Finance may require,

the Authority shall prepare and submit to the Minister and the Minister responsible for Finance, not later than such date as the Minister may direct, estimates of the income and expenditure of the Authority, including its capital budget for the financial year or any such longer period.

(2)     The Minister may, acting after consultation with the Minister responsible for Finance, approve with or without modification the estimates submitted under subparagraph (1).

(3)     After the Minister approves the estimates under subparagraph (2), the estimates so approved shall be the estimates of the Authority for the period for which it is prepared.

(4)     The financial year of the Authority shall be a period of 12 months ending on 31sr of December of any year.

(5)     The first financial year of the Authority shall end on 31st December next following the date of publication of this Order.

11.    (1)     The Authority may open and maintain an account or accounts with one, or more than one, bank and shall maintain at all times at least one such account.

(2)     The Authority shall pay all funds of the Authority into an account maintained under subparagraph (1).

12.    (1)     The Authority shall keep proper accounts and records in relation to the accounts and shall prepare, in respect of each financial year of the Authority, statement of accounts in such form as the Minister, acting after consultation with the Minister responsible for Finance, may direct.

(2)     The accounts and statement of accounts of the Authority shall be audited by an auditor appointed by the Minister acting after consultation with the Minister responsible for Finance.

(3)     As soon as the accounts and statement of accounts of the Authority in respect of any financial year of the Authority have been audited pursuant to subparagraph (2), the Authority shall submit to the Minister and the Minister responsible for Finance a copy of the statement together with a copy of any report made by the auditor on that statement or on the accounts of the Authority.

13.    (1)     The Authority is managed by a Board appointed by the Minister, consisting of the following members-

(a)     the Chief Executive Officer appointed under paragraph 5(1);

(b)     a representative of the Ministry responsible for Environment nominated by the Minister;

(c)     a representative of the Ministry responsible for Defence nominated by the Minister, after consultation with the Minister responsible for Defence.

(d)     a representative of the Seychelles Tourism Board nominated by the Chairman of the Board;

(e)     such other persons as may be appointed by the Minister from among persons who, in the opinion of the Minister, have knowledge and experience likely to contribute to the successful direction of the affairs and operations of the Authority.

(2)     The Minister shall designate a member of the Board appointed under subparagraph (1) to be Chairperson of the Board.

(3)     A member appointed under subparagraph (1) shall hold office for a period of two years and is eligible for reappointment.

(4)     The Minister shall cause the names of the members appointed under subparagraph (1) to be published in the Gazette.

14.    (1)     The Chairperson may resign from office by a letter addressed to the Minister and the resignation shall take effect from the date on which the Minister receives the letter.

(2)     A member other than the Chairperson may resign from office by a letter to the Minister and transmitted through the Chairperson and the resignation shall take effect from the date on which the Minister receives the letter.

(3)     The Minister may remove a member from office upon being satisfied that the member-

(a)     is, for whatever reason, permanently incapable of discharging the duties of a member;

(b)     has been absent, without leave of the Board, from 3 consecutive meetings of the Board;

(c)     has neglected the duties of a member; or

(d)     is guilty of an offence.

(4)     Where a member resigns or is removed from office, other than on the expiration of the period of office-

(a)     the Minister shall appoint a person to hold office for the remaining period of office of the member referred to under paragraph 13 (1)(b), (c) and (e); or

(b)     the person who nominated the member who vacated membership under paragraph 13(1)(d) shall nominate another person for appointment to the Board.

(5)     On the publication in the Gazette of the name of the person so appointed under subparagraph 4(a) or (b), the person shall hold office for the unexpired period of membership of the member who vacated membership.

15.    (1)     The Chairperson is to preside at all meetings of the Board at which he or she is present.

(2)     if the Chairperson is absent from a meeting, the members present shall elect from among them a member to preside, and the member shall, with respect to such meeting or any business transacted, have all the powers of the Chairperson.

16.    (1)     The Board may meet not less than six times in any one calendar year and at such other times as the Chairperson may determine.

(2)     The decision of the majority of the members present and voting at any meeting of the Board shall be considered to be the decision of the Board.

(3)     No act, decision or proceeding of the Board shall be questioned on account of any vacancy in the membership thereof, or on account of appointment of any member of the Board being defective if the act was done or authorised or the decision was taken or the proceeding took place by or in accordance with a majority vote of the persons who at the time were entitled to act as members.

17.    One half the number of members of the Board shall constitute a quorum for any meeting of the Board.

18.    A member appointed under paragraph 13(1)(e) may e paid such allowance as may be determined by the Minister.

19.    Subject to this Order, the Board shall regulate its own proceedings.

20.    The Environment Protection (Marine Parks Authority) Order, 1996 is repealed.

__________________

 

SI. 64 of 2010

Section 10 (3)

 

Environment Protection (Ozone) Regulations, 2010

[6th September 2010]

 

1.      These Regulations may be cited as the Environment Protection (Ozone) Regulations, 2010.

2.      In these Regulations —

“Administrative Officer” means the officer in charge of the Ozone Unit;

“controlled product” means a product containing, made with or designed for a controlled substance and includes the products specified in Schedule 1, Part C;

“controlled substance” means a substance specified in Schedule 1, Part B;

“Minister” means the Minister responsible for environment and “Ministry” is construed accordingly;

“Ozone Unit” means the body designated by the Minister to implement these Regulations and other laws relating to Ozone;

“prescribed product” means a product containing, made with or designed for a prescribed substance and includes the products specified in Schedule 1, Part C; and

“prescribed substance” means a substance specified in Schedule 1, Part A.

3.      These Regulations apply to —

(a)     controlled substances and products;

(b)     prescribed substances and products; and

(c)     persons who, in the course of any licensed activity or otherwise produce, manufacture, import, export, sell, purchase or use

(i)      controlled substances or products; or

(ii)     prescribed substances or products.

4.      (1)     A person shall not produce, manufacture, import, export, sell, purchase or use —

(a)     prescribed substance; or

(b)     prescribed product.

(2)     A person who imports a prescribed substance or product in contravention of sub regulation (1) shall re-ship the substance or product to the port of origin at his or her cost.

5.      A person shall not produce or manufacture —

(a)     controlled substance; or

(b)     a controlled product.

6.      A person shall not import, export or sell —

(a)     a controlled substance; or

(b)     a controlled product,

unless that person —

(i)      is registered by the Ozone Unit under regulation 11; and

(ii)     holds a permit issued under regulation 12.

7.      (1)     A person shall not purchase or use a controlled substance without a permit issued under regulation 12.

(2)     For the purposes of this section, “use” includes installing, servicing and operating a controlled substance.

8.      (1)     A person shall not decommission —

(a)     a controlled substance or product; or

(b)     a prescribed substance or product,

except under and in accordance with the conditions of a licence issued under the Licences Act (Cap 113).

(2)     A licence referred to in sub regulation (1) shall be issued only to a person who has satisfied the Administrative Officer that the person has completed a course of training approved by the Administrative Officer.

9.      A person who imports, exports, sells, purchases, or uses a controlled substance or product shall make arrangements for the recovery of controlled substances from—

(i)      refrigerators and air conditioners;

(ii)     fire protection systems;

(iii)    equipment containing such substances;

(iv)    controlled or prescribed products before the recycling or reclamation, and during servicing and maintenance of such products; and

(v)     controlled or prescribed products before dismantling or disposal of such products, at that person's own cost and under the supervision of an officer so authorised by the Administrative Officer.

10.    A person who imports, exports, sells, purchases, or uses controlled substances or products shall take all practicable measures to prevent leakage of substances constituting controlled products whenever they handle controlled products.

11.    (1)     An application for registration under regulation 6(i) shall be made to the Administrative Officer in the form specified in Schedule 2, Part A and shall be accompanied by—

(a)     such documents as may be specified in the form; and

(b)     the prescribed fee.

(2)     An applicant who satisfies the Administrative Officer that he or she meets the requirements for registration shall be registered under subregulation (1).

12.    (1)     An application for a permit under regulations 6(ii) and 7 shall be made to the Administrative Officer in the form specified in Schedule 2, Part B accompanied by —

(a)     such documents as may be specified in the form; and

(b)     the prescribed fee.

(2)     Upon receipt of an application under subregulation (1), the Administrative Officer shall consider the application and issue or refuse to issue a permit.

(3)     A permit issued under these Regulations shall —

(a)     be subject to any conditions set out in the permit;

(b)     remain in force for such period as may be specified in the permit; and

(c)     not be transferable.

13.    A permit issued under regulation 12 may be renewed by making an application for a renewal to the Administrative Officer in writing, accompanied by the prescribed fee.

14.    The Administrative Officer may cancel a permit issued under regulation 12, if any of the conditions set out in the permit is contravened, after giving the holder of the permit an opportunity to show cause why the permit should not be cancelled.

15.    (1)     A person aggrieved by the decision of the Administrative Officer to —

(a)     refuse to register that person under regulation 11;

(b)     refuse to issue or renew a permit under regulation 12 or 13 as the case may be; or

(c)     cancel a permit under 14, may appeal in writing to the Minister against the decision, within 30 days of the decision.

(2)     The decision of the Minister made under subregulation (1) shall be final.

16.    (1)     The Minister may empower any officer of the Ministry to be an authorised officer for the purpose of ensuring compliance with these Regulations.

(2)     The provisions of section 22 of the Act shall apply mutatis mutandis to an authorised officer empowered under these Regulations.

17.    (1)     A fee of SR3000 per equipment shall be imposed for the import of prescribed substance or prescribed product containing, made with or designed for prescribed substance, and SR300 per kg for all import of prescribed substance or prescribed product.

(2)     (a)     A person who contravenes regulations 4, 5, 6, 7, 8, 9 and 10; or

(b)     a person who fails to pay the penalty imposed under regulation 17(1), commits an offence and is liable on conviction to imprisonment for a period not exceeding 2 years and to a fine not exceeding SR20,000.

18.    Notwithstanding any other provision of these Regulations, a person shall not produce, manufacture, import, export, sell purchase, or use a controlled substance or product on or after 1st January 2020.

19.    The Environment Protection (Ozone) Regulations, 2000, are repealed.

20.    A licence or permit issued under the Environment Protection (Ozone) Regulations, 2000, shall during its period of validity have effect as if the licence or permit were issued under these Regulations.

 

SCHEDULE 1

Part A: Prescribed substances.

This includes any substances mentioned below or a compound containing any such substance and all isomers of such substances.

 

Group

Substance

Ozone-Depleting Potential

CFCl3

(CFC-11)

1.0

CF2Cl2

(CFC-12)

1.0

C2F3Cl3

(CFC-113)

0.8

C2F4Cl2

(CFC-114)

1.0

C2F5C l

(CFC-115)

0.6

CF2BrCl

(halon-1211)

3.0

CF3Br

(halon-1301)

10.0

C2F4Br2

(halon-2402)

6.0

CF3C1

(CFC-13)

1.0

C2FC15

(CFC-111)

1.0

C2F2C14

(CFC-112)

1.0

C3FC17

(CFC-211)

1.0

C3F2C16

(CFC-212)

1.0

C3F3C15

(CFC-213)

1.0

C3F4C14

(CFC-214)

1.0

C3F5C13

(CFC-215)

1.0

C3F6C12

(CFC-216)

1.0

C3F7C1

(CFC-217)

1.0

CC14

Carbon tetrachloride

1.1

C2H3C13*

1,1,1-trichloroethane*

(methyl chloroform)

0.1

CH3Br

Methyl bromide

0.6

 

·         This formula does not refer to 1, 1, 2-trichloroethane.

 

Part B: Controlled Substances

This includes any substances mentioned below or a compound containing any such substance and all isomers of such substances.

Group

Substance

Number of isomers

Ozone-Depleting Potential

CHFC12

(HCFC-21)**

1

0.04

CHF2C1

(HCFC-22)**

1

0.055

CH2FC1

(HCFC-31)

1

0.02

C2HFC14

(HCFC-121)

2

0.01 0.04

C2HF2C13

(HCFC-122)

3

0.02 0.08

C2HF3C12

(HCFC-123)

3

0.02 0.06

CHC12CF3

(HCFC-123)**

 

0.02

C2HF4C1

(HCFC-124)

2

0.02 0.04

CHFC1CF3

(HCFC-124)**

 

0.022

C2H2FC13

(HCFC-131)

3

0.007 0.05

C2H2F2C12

(HCFC-132)

4

0.008 0.05

C2H2F3C1

(HCFC-133)

3

0.02 0.06

C2H3FC12

(HCFC-141)

3

0.005 0.07

CH3CFC12

(HCFC-141b)**

 

0.11

C2H3F2C1

(HCFC-142)

3

0.008 0.07

CH3CF2C1

(HCFC-142ª)**

 

0.065

C2H4FC1

(HCFC-151)

2

0.003 0.005

C3HFC16

(HCFC-221)

5

0.015 0.07

C3HF2C15

(HCFC-222)

9

0.01 0.90

C3HF3C14

(HCFC-223)

12

0.01 0.08

C3HF4C13

(HCFC-224)

12

0.01 0.09

C3HF5C12

(HCFC-225)

9

0.02 0.07

CF3CF2CHC12

(HCFC-225ca)**

 

0.025

CF2C1CF2CHC1F

(HCFC-225cb)**

 

0.033

C3HF6C1

(HCFC-226)

5

0.02 0.10

C3H2FC15

(HCFC-231)

9

0.05 0.09

C3H2F2C14

(HCFC-232)

16

0.008 0.10

C3H2F3C13

(HCFC-233)

18

0.007 0.23

C3H2F4C12

(HCFC-234)

16

0.01 0.28

C3H2F5C1

(HCFC0235)

9

0.03 0.52

C3H3FC14

(HCFC-241)

12

0.004 0.09

C3H3F2C13

(HCFC-242)

18

0.005 0.13

C3H3F3C12

(HCFC-243)

18

0.007 0.12

C3H3F4C1

(HCFC-244)

12

0.009 0.14

C3H4FC13

(HCFC-251)

12

0.001 0.01

C3H4F2C12

(HCFC-252)

16

0.005 0.04

C3H4F3C1

(HCFC-253)

12

0.003 0.03

C3H5FC12

(HCFC-261)

9

0.002 0.02

C3H5F2C1

(HCFC-262)

9

0.002 0.02

C3H6FC1

(HCFC-271)

5

0.001 0.03

CHFBr2

 

1

1.00

CHF2Br

(HBFC-22B1)

1

0.74

CH2FBr

 

1

0.73

C2HFBr4

 

2

0.3 0.8

C2HF2Br3

 

3

0.5 18

C2HF3Br2

 

3

0.4 1.6

C2HF4Br

 

2

0.7 1.2

C2H2FBr3

 

3

0.1 1.1

C2H2F2Br2

 

4

0.2 1.5

C2H2F3Br

 

3

0.7 1.6

C2H3FBr2

 

3

0.1 1.7

C2H3F2Br

 

3

0.2 1.1

C2H4FBr

 

2

0.07 0.1

C3HFBr6

 

5

0.3 1.5

C3HF2Br5

 

9

0.2 1.9

C3HF3Br4

 

12

0.3 1.8

C3HF4Br3

 

12

0.5 2.2

C3HF5Br2

 

9

0.9 2.0

C3HF6Br

 

5

0.7 3.3

C3H2FBr5

 

9

0.1 1.9

C3H2F2Br4

 

16

0.2 2.1

C3H2F3Br3

 

18

0.2 5.6

C3H2F4Br2

 

16

0.3 7.5

C3H2F5Br

 

8

0.9 14.0

C3H3FBr4

 

12

0.08 1.9

C3H3F2Br3

 

18

0.1 3.1

C3H3F3Br2

 

18

0.1 2.5

C3H3F4Br

 

12

0.3 4.4

C3H4FBr3

 

12

0.03 0.3

C3H4F2Br2

 

16

0.1 1.0

C3H4F3Br

 

12

0.07 0.8

C3H5FBr2

 

9

0.04 0.4

C3H5F2Br

 

9

0.07 0.8

C3H6FBr

 

5

0.02 0.7

CH2BrC1

bromochloromethane

1

0.12

 

Part C: Products containing, made with or designed for prescribed or controlled substances

1.      Automobile and truck air conditioning units (whether incorporated in vehicles or not).

2.      Domestic and commercial refrigeration and air conditioning/heat pump equipment, including Refrigerators; Freezers; Dehumidifiers; Water coolers; Ice machines; Air conditioning and heat pump units.

3.      Aerosol products, except medical aerosols.

4.      Portable fire extinguishers.

5.      Insulation boards, panels and pipe covers.

6.      Pre-polymers.

——————

SCHEDULE 2

Part A: Form 1

APPLICATION FOR REGISTRATION AS IMPORTER EXPORTERS AND SELLERS OF NON OZONE DEPLETING SUBSTANCES (ODS)

To be filled in two copies (one will be returned to the applicant with a decision)

Name of the Applicant:

..................................................................................

 

Importer

Exporter

(from which company)

Seller

(from which company)

 

Please tick the appropriate box.

Enterprise/Organisation Identification No.:

.......................................................................................

Postal Address:

.........................................................................................................................

.........................................................................................................................

Tel No:........................................................Fax ...............................................

No:..............................................................

Email

address: ............................................................................................................

Contact person: (Name/Title)

.......................................................................................

Person authorised to act on behalf of the Enterprise/Organisation (Name/Title):

.........................................................................................................................

.........................................................................................................................

 

List of controlled substances and products to be imported, exported or sold:

HCF/HBFCs (Use chemical code name)

 

Controlled Substances

Requested Quantities

Size of Cylinder

Exporting Country

Intended Use

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Additional information to be attached to this application:

•        Licence Number of Enterprise/Organisation issued by Seychelles Licensing Authority;

•        Copies of any certificates of the Refrigerant Technician(s) dealing with controlled substances and products;

•        Authorisation of Enterprise/Organisation for person to act on behalf of Enterprise/Organisation;

•        Information on previously imported quantities of controlled substances.

Please note:

It is an offence to import, export, sell, purchase or use prescribed substances (Annexe 1).

It is an offence to import, export, sell, purchase and use controlled substance (Annexe 2).

A quota system is in place for the import of controlled substances.

The import of HCFCs and HBFCs shall be banned from 1st January 2020.

I, ....................................................................................................., authorised to act on behalf

of....................................................................................., certify that the information given in

this application and its annexes is correct.

Name in block letters:................................................................

Title:..........................................................................................

Signature:..................................................................................

Date and Place:..........................................................................

 

FORM 2

APPLICATION TO IMPORT NON OZONE DEPLETING SUBSTANCES (ODS)

To be filled in two copies (one will be returned to the applicant with a decision)

Name of the Applicant:

..................................................................................................

Enterprise/Organisation identification no:

..................................................................................................

 

Postal Address:

.........................................................................................................................

.........................................................................................................................

Tel No:.....................................................Fax No:............................................

Email address:..................................................................................................

Contact person: (Name/Title)

.........................................................................................................................

Person authorised to act on behalf of the Enterprise/Organisation (Name/Title):

.........................................................................................................................

.........................................................................................................................

List of Controlled substances and products to be imported:

HCFC/HFCs (Use chemical code name)

Controlled Substances

Requested Quantities

Size of Cylinder

Exporting Country

Intended Use

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Expected Date of Arrival: .................................................................................

Port of Entry:....................................................................................................

Name of Carrier:...............................................................................................

Additional information to be attached to this application:

•        Licence Number of Enterprise/Organisation issued by Seychelles Licensing Authority;

•        Copies of any certificates of the Refrigerant Technician(s) dealing with controlled substances and products;

•        Authorisation of Enterprise/Organisation for person to act on behalf of Enterprise/Organisation;

•        Information on previously imported quantities of controlled substances.

Please note:

It is an offence to import, export, sell, purchase and use prescribed substances (Annexe 1).

It is an offence to import, export, sell, purchase and use controlled substance (Annexe 2).

A quota system is in place for the import of controlled substances.

The import of HCFCs and HBFCs shall be banned from 1st January 2020.

I, .........................................................................................................., authorised to act on behalf

of......................................................................................, certify that the information given in this

application and its annexes is correct.

 

Name in block letters:................................................................

Title:..........................................................................................

Signature:..................................................................................

Date and Place:..........................................................................

__________________________