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Supplement to the Sierra Leone Gazette Vol. CXXXIX, No. 44
dated 11th September, 2008
18.
19.
20.
21.
22.
ARRANGEMENT OF SECTIONS
PART IPRELIMINARY
Section
1. Interpretation
PART IIESTABLISHMENT OF ENVIRONMENT PROTECTION AGENCY
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Functions of Agency.
Agency not subject to any directions.
Executive Director.
Deputy Executive Directors.
Other staff of Agency.
Departments of Agency.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40. Interpretation.
41. Restriction on importation etc. of controlled substances.
42. Prohibition of importation of refrigerators, air conditioners etc. with
chlorofluorocarbons.
43. Fire fighting system.
iii
44.
45.
46.
47.
48.
49.
50.
51.
Prohibition of chlorofluorocarbons.
Forfeiture of imported or exported controlled substances and products.
Application for permit.
Agency to issue permit.
Customs verification of goods.
Agency to maintain register of importers and exporters.
Importers etc. to keep records of suppliers etc.
Storage facility and disposal of controlled substances to be approved by
Agency.
52. Prohibition of venting of controlled substances into atmosphere.
PART VIMISCELLANEOUS
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
Enforcement notice.
Power of Agency relating to enforcement notice.
Entry of premises.
Protection of officers.
Financial security.
Toxic and hazardous substances.
Notification to Agency.
Legal proceedings.
Annual reports.
Regulations.
Repeal and savings.
LS
No. 11
2008
Sierra Leone
Short title.
Date of commencement.
No. 11
2008
PART 1PRELIMINARY
Interpretation.
1.
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2008
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2008
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Term of
office of
members of
Board.
Functions of
Board.
5. (1) Subject to this Act, the Board shall have the control
and supervision of the Agency.
(2) The Board shall also provide such policy guidance
and advice as will ensure the efficient implementation of the functions
of the Agency and enhance the overall performance of the Agency.
Remuneration
of members
of Board.
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Filling of
vacancies.
Meetings of
Board.
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Powers of
Board.
10.
Committees
of Board.
12. Subject to this Act, the Agency shall perform the following
functions:
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Agency not
subject to any
directions.
Executive
Director.
12
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13
2008
Deputy
Executive
Directors.
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Other staff
of Agency.
Departments
of Agency.
Consultants
and experts to
be engaged as
required.
Provincial
and district
offices.
14
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Funds of
Agency.
Accounts and
audit.
21. (1) The Agency shall keep proper books of account and
proper records in relation to the funds of the Agency and the books
of accounts and records shall be in such form as the Auditor-General
may approve.
(2) The books of account shall be audited by the AuditorGeneral or an auditor appointed by him within three months after the
end of each financial year.
Financial year
of Agency.
22. The financial year of the Agency shall be the same as the
financial year of the Government.
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Application
for and issue
of licences.
Agency to
decide on
need for
environmental
impact assessments.
Applicant to
prepare
environmental
impact
assessment.
Public
comments.
16
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2008
Effect of
licences.
Renewal of
licences.
Appeal
against
decision.
Licence fees.
34.
(1) Where
(a) the terms and conditions of a licence are not
being complied with or have been
contravened; or
(b) there is a substantial change in the operations
of a project resulting in an adverse effect on
the environment,
Cancellation,
suspension or
modification
of licences.
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35.
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19
Register.
Agency to
monitor
projects.
20
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2008
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21
Identification
of authorised
officers.
38. (1) The owner of a project shall permit and assist the
Executive Director or authorised officer to have full access to
Duties of
owners of
projects.
40.
Interpretation
22
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2008
Restriction on
importation
etc. of
controlled
substances.
No. 11
2008
Prohibition
of importation of
refrigerators,
air conditioners etc
with
chlorofluorocarbons.
23
Fire fighting
system.
Prohibition of
chlorofluorocarbon
11 and 12 as
blowing agent
and refrigerants.
24
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2008
Forfeiture of
imported or
exported
controlled
substance
and products.
Application
for permit.
46. (1) Any person who wishes to import or export any controlled
substance or controlled product shall apply in writing to the Agency
for a permit in the manner set out in forms A and B of the Fifth
Schedule respectively.
(2) An application for a permit under subsection (1) shall
be signed
(a) in the case of a body corporate, by a Director
or Secretary or such other officer or person
authorized to do so; and
(b) in any other case by the person making the
application or by a person authorized to act
on behalf of that person.
Agency to
issue permit,
etc.
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Customs
verification
of goods.
Agency to
maintain
register of
importers
and
exporters.
Importers etc.
to keep
records of
suppliers etc.
25
2008
26
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2008
Prohibition of
venting of
controlled
substances
into atmosphere.
2008
27
PART VIMISCELLANEOUS
Enforcement
notice.
No. 11
Power of
Agency
relating to
enforcement
notice.
Entry of
premises.
28
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2008
Financial
security.
Toxic and
hazardous
substances.
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2008
29
Notification
to Agency.
30
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2008
Legal
proceedings.
Annual
reports.
Regulations.
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(2)
31
2008
for
(a) the licensing of any project or class or
category of projects;
(b) the criteria for the approval of environmental
impact assessments;
(c) the minimum amount of insurance or other
appropriate financial security to be
maintained in respect of specified activities
or projects;
61. (1) The Executive Director shall, within three months after
the end of each financial year of the Board, submit for its approval an
annual report of the activities, operations, property and finances of
the Agency for that year.
32
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33
FIRST SCHEDULE
(Section 24)
SECOND SCHEDULE
(Section 25)
A licence is required for the projects whose activities involve or include the
following:
(a) substantial changes in renewable resource use (e.g. conversion of land to
agricultural production, forestry or to pasture land, rural development, timber
production);
(b) substantial changes in farming and fisheries practices (e.g. introduction of
new crops, large scale mechanisation or use of chemicals in agriculture);
(c) exploitation of hydraulic resources (e.g. dams, drainage and irrigation
projects, water basin development, water supply);
(d) infrastructure (e.g. roads, bridges, airports, harbours, transmission lines,
pipelines, railways);
(e) industrial activities (e.g. metallurgical plants, wood processing plants,
chemical plants, power plants, cement plants, refinery and petro-chemical
plants, agro-industries).
(f) extractive industries (e.g. mining, quarrying, extraction of sand, gravel, salt,
peat, oil and gas);
(g) waste management and disposal (e.g. sewerage systems and treatment
plants, landfills, treatment plants for household and hazardous waste);
(h) housing construction and development schemes;
(i) establishment of places of entertainment, motor repair garages and welding
shops;
(j) importation of second hand vehicles.
(i) whether the project will result in an increase in demand for natural resources
in the locality;
(j) the cumulative impact of the project together with other activities or projects,
on the environment.
34
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2008
No. 11
THIRD SCHEDULE
(Section 26)
Contents of environmental impact assessment (EIA)
An EIA shall contain a true statement and description of
2008
35
FOURTH SCHEDULE
(Section 40)
PART A:
Group
Controlled Substances
Substance
Group I
CFC13
CF2C12
C2F3C13
C2F4C12
C2F5C1
CFC-11)
(CFC-12)
(CFC-113
(CFC-114)
(CFC-115
1.0
1.0
0.8
1.0
6.0
Group II
CF2BrC1
CF3Br
C2F4Br2
(halon-1211)
(halon-1301)
(halon-2402)
3.0
10.0
6.0
PART B:
Group
Group I
CF3C1
C2FC15
C2F2C14
C3FC17
C3F2C16
C3F3C15
C3F4C14
Controlled Substances
Substance
(CFC-13)
(CFC-111)
(CFC-112)
(CFC-211)
(CFC-212)
(CFC-213)
(CFC-214)
1.0
1.0
1.0
1.0
1.0
1.0
1.0
(CFC-215)
(CFC-216)
(CFC-217)
1.0
1.0
1.0
No. 11
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Group
Group II
CC14
carbon tetrachloride
Group III
C2H3C13
2008
1.1
1,1,1 trichloroethane
0.1
(Methyl chloroform)
* This formula does not refer to 1,1,2 trichloroethane.
PART C:
Controlled Substances
Number of
Isomers
Potential
Group I
CHFC12
CHF2CL
CH2FC1
C2HFC14
C2HF2C13
C2HF3C12
CHC12CF3
C2HF4C1
CHFC1CF3
C2H2FC13
C2H2F2C12
C2H2F3C1
C2H2FC12
CH3CFC12
C2H3F2C1
CH3CF2C1
C2H2FC1
C3HFC16
C3HF2C15
C3HF3C14
C3HF4C13
C3HF5C12
(HCFC-21)**
(HCFC-22)**
(HCFC-31)
(HCFC-121)
(HCFC-122)
(HCFC-123)
(HCFC-13)**
(HCFC-124)
(HCFC-124)**
(HCFC-131
(HCFC-132)
(HCFC-133)
(HCFC-141)
(HCFC-141B)**
(HCFC-142)
(HCFC-142b)**
(HCFC-151)
(HCFC-221)
(HCFC-222)
(HCFC-223)
(HCFC-224
(HCFC-225)
1
1
1
2
3
3
2
3
4
3
3
3
2
5
9
12
12
9
0.04
0.055
0.02
0.04
0.08
0.06
0.02
0.04
0.022
0.05
0.05
0.06
0.07
0.11
0.07
0.065
0.005
0.07
0.09
0.08
0.09
0.07
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Group
Substance
Group I
CF3CF2CHC12
CF2C1CF2CHC1F
C3HF6C1
C3H2FC15
C3H2F2C14
C3H2F3C13
C3H2F4C12
C3H2F5C1
C3H3FC14
C3H3F2C13
C3H3F3C12
C3H3F4C1
C3H5FCL2
C3H5F2C1
C3H6FC1
Group II
CHFBr2
CHF2Br
CH2FBr
C2HFBr4
C2HF2Br3
C2HF3Br2
C2HF4Br
C2H2FBr3
C2H2F2Br2
C2H2F3Br
C2H3FBr2
C2H3F2Br
C2H4FBr
C3HFBr6
C3HF2Br5
C3HF3Br4
C3HF4Br3
C3HF5Br2
C3HF6Br
C3H2FBr5
C3H2F2Br4
(HCFC-225a)**
(HCFC-225cb)**
(HCFC-226)
(HCFC-231)
(HCFC-232)
(HCFC-233)
(HCFC-234)
(HCFC-235)
(HCFC-241)
(HCFC-242)
(HCFC-243)
(HCFC-244
(HCFC-261)
(HCFC-262)
(HCFC-271)
(HBFC-22b1)
37
2008
5
9
16
18
16
9
12
18
18
12
9
9
5
0.025
- 0.033
0.10
0.09
0.10
0.23
0.28
0.52
0.09
0.13
0.12
0.14
0.02
0.02
0.03
1
1
1
2
3
3
2
3
4
3
3
3
2
5
9
12
12
9
5
9
16
1.00
0.74
0.73
0.08
1.8
1.6
1.2
1.1
1.5
1.6
1.7
1.1
0.1
1.5
1.9
1.8
2.2
2.0
3.3
1.9
2.1
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Group
Group I
C3H2F3Br3
C3H2F4Br2
C3H2F5Br
C3H3FBr4
C3H3F2Br3
C3H3F3Br2
C3H3F4Br
C3H4FBr3
C3H4F2Br2
C3H4F3Br
C3H5FBr2
C3H5F2Br
C3H4FBR
Substance
2008
Number of
isomers
Ozone depleting
potential
18
16
8
12
18
18
12
12
16
12
9
9
5
5.9
7.5
14.0
1.9
3.1
3.1
4.4
0.3
1.0
0.8
0.4
0.8
0.7
Group III
CH2BrC1
bromochloeomethane
1
0.2
*Where a range of Ozone Depleting Potentials (ODPs) is indicated, the highest
value in that range shall be used for the purposes of the Protocol. The ODPs listed
as a single value have been determined from calculations based on laboratory
measurements. Those listed as a range are based on estimates and are less certain.
The range pertains to an isometric group. The upper value is the estimate of the
ODP of the isomer with the highest ODP, and the lower value is the estimate of the
ODP of the isomer with the lowest ODP.
**
Identifies the most commercially viable substances with ODP values listed against
them to be used for the purposes of the Protocol.
PART D:
Controlled Substances
Group
Controlled Substance
Group I
CG3Br
Methyl bromide
Potential
0.6
Ozone Depleting
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39
FIFTH SCHEDULE
(Section 46)
FORM A
Application Form for Permit to import controlled substances/controlled products
(One application shall be used for each group of controlled substance)
Name of applicant:...............................................................................................................
Address (business):.............................................................................................................
Address (residential):................
Passport No:................
Company name:.................Address.
.....................
Nature of Business..................
Telephone/fax/:................................................................email:..........................................
Companys certificate of incorporation No:...............
.Date......................................................................................
Name of person authorized to act on behalf of applicant:...................................................
Title/designation:.............
Address:.........................
Telephone/Fax No:Email...............
Cell Phone:..................
Request for confidentiality of information: YES ( ) NO ( )
Reasons:...............
.................
Information concerning the controlled substances:
Group of substances:............
Country of origin/export:..........
Quantity to be imported:........
Port of entry:.........
Mode of transport/intended carrier:....
Information concerning the supplier:
(i) Name of supplier:...........
(ii) Trade of the supplier:............
(iii) Full address of the supplier:..........
(iv) Country of origin:...........
(v) Country from which controlled substance or product is consigned..
(vi) Holder of the product trade mark:............
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DECLARATION:
Controlled substance
I..of
hereby declare that the information provided in this application is correct and that
I am willing and able to use the controlled substance in compliance with all the
relevant laws for the time being in force.
DECLARATION:
Signature.................Date..............................................
FORM B
Amount
(M.T.)
41
Proposed
date of export
I....of.
hereby declare that the information provided in this application is correct and that
I am able to export the controlled substance in compliance with all the relevant laws
for the time being in force.
Signature.................Date..
Country of
export
2008
SIXTH SCHEDULE
(Section 47)
PERMIT TO IMPORT/EXPORT A CONTROLLED SUBSTANCE
Permit No:.
Name:....
Address:...
is hereby permitted to import from/export to(Country
of import) (Country of export) the following controlled substances:
Substance/Product
Signature/official stamp
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2008
Passed in Parliament this 15th day of July, in the year of our Lord two
thousand and eight.
VICTOR A. KAMARA,
Clerk of Parliament.
THIS PRINTED IMPRESSION has been carefully compared by me with the Bill
which has passed Parliament and found by me to be a true and correct printed copy
of the said Bill.
VICTOR A. KAMARA,
Clerk of Parliament.
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2008
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