THE
PARLIAMENT: The Chamber of Deputies, in its session of 3 April 2018; Pursuant to the Constitution of the Republic of Rwanda of 2003 revised in 2015, especially in Articles 22, 53, 64, 69, 70, 88, 90, 91, 106, 120, 121, 168 and 176; ADOPTS:
1°
wetlands: areas consisting of marsh, fen, peat land or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salt, including areas of marine water the depth of which at low tide does not exceed six (6) meters;
2°
water: a substance of molecular formula H2O, which is present naturally as rain and found in the oceans, seas, lakes and rivers. Depending on where it is and how it forms, it may change its name in the following manner:
a. stagnant water of the oceans, lakes, ponds, pools and swamps;
b. flowing rain water;
c. flowing river and stream water;
d. water that penetrates the soil;
e. underground water.
3°
adaptation: the process of adjustment to actual or expected climate and its effects in order to moderate harm or exploit beneficial opportunities. The term also means the process of adjustment to actual climate and its effects and that the human intervention may facilitate the adjustment to expected climate;
5°
natural environment: an environment that encompasses all living species and non-living things occurring naturally on earth, including soil and subsoil, water, air, biodiversity, and landscapes, tourist sites and monuments that affect human survival and economic activity;
6°
environment: a diversity of things made up of natural and built environment, including chemical substances, biodiversity as well as socio-economic activities, cultural, aesthetic and scientific factors likely to have direct or indirect, immediate or long term effects on the development of an area, biodiversity and on human activities;
7°
environmental audit: systematic documentation and periodic and objective evaluation of protection and management of the environment, the conservation and sustainable use of natural resources;
13°
climate change: a change in weather patterns attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods;
14°
waste: any substance whether solid, liquid or gaseous from human activity that cause a serious harm including electronic-waste and hazardous wastes;
15°
greenhouse gases: gaseous constituents of the atmosphere, both natural and anthropogenic, that absorb and emit infrared radiation, including carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulphur hexafluoride and indirect greenhouse gases;
20°
strategic environmental assessment: a systematic and flexible process of addressing the environmental aspects and consequences of proposed policies, plans and program initiatives at the earliest appropriate stage of decision-making;
21°
environmental impact assessment: a systematic process of identifying environmental, social and economic impacts of a project before a decision of its acceptance is made;
23°
pollution: the contamination caused by waste, harmful biochemical products derived from human activities that may alter a person’s habitat and cause adverse effects on the environment including a person's social wellbeing, flora, fauna and the world he/ she lives in;
29°
air: an invisible mixture of gaseous fluid in the atmosphere and which is breathed by biodiversity which can create effects on their existence and the environment in general;
30°
biodiversity: the variability of living organisms of all types including a person, animals of all species, plants of all types be it on land or underground, in water or in the atmosphere and the interactions among them.
Article 3
The precautionary principle contributes to preventing or reducing the disastrous consequences on environment.Activities considered or suspected to have negative impacts on environment must not be assessment ruling out the potentiality of such impacts.
Article 4
The principle of environmental sustainability makes sure that present and future generations enjoy equal opportunities. The right to development must be achieved in consideration of the needs of present and future generations.
Article 5
The polluter pays principle aims to deter activities impairing environment and punish any person who violates regulations. Any person who demonstrates behaviour or activities that cause or which may cause adverse effects on environment is either punished or ordered to make restitution. If the restitution is not possible, he/she is also ordered to rehabilitate it.
Article 6
The principle of information dissemination and incentives for environmental conservation contributes to fostering awareness about the usefulness of environment and its conservation. Every person has the right to be informed of the state of the environment and to take part in strategies and activities aimed at conserving the environment.
Article 7
The government through its environmental policy emphasises the promotion of international cooperation. Authorities, national and international non- governmental organisations, associations and private individuals are required to cooperate in protecting the environment.
Article 8
The soil and subsoil constitute the natural resources to be protected from all kinds of degradation and they must be used in a sustainable manner in accordance with relevant laws.
Article 9
Any land exploitation project for research, industry, urbanisation, rural settlement, infrastructure, intensive farming or extraction is subject to authorisation issued in accordance with relevant laws. Soil and subsoil use is managed and administered on a sustainable basis in accordance with relevant laws.
Article 10
For the purposes of the protection of environment, the soil and subsoil exploitation licence is issued after consideration of the following:
3°
the obligation to rehabilitate the damaged
area in any possible way in order to restore the beauty of the landscape or the natural systems modified by human activity in accordance with a pre- established rehabilitation plan approved by the competent authority.
Article 12
Water resources must be protected from any source of pollution. Swamps with permanent water and full of swamp vegetation must be given special protection considering their role and importance in the preservation of the biodiversity.
Article 15
Any installation likely to create risks or cause pollution, vehicles and engine driven machines, commercial, craft or agricultural activities must be conducted in accordance with technical principles established by competent authorities in order to protect and preserve the atmosphere.
Article 16
The use of air pollutants, substances that deplete the ozone layer or which are likely to cause climatic changes is governed by an Order of the Minister.
Article 17
The collection, transport and disposal of waste water are conducted in accordance with special regulations and guidelines issued by the competent authority. Water from the sewage system and any type of liquid waste must be collected in treatment factories for purification and serve thereafter to perform hygiene, sanitation and developmental activities. Waste water from factories using chemicals in their processes must be pre-treated before being taken to a treatment factory. Water efficiently purified to standards may be poured into streams or lakes.
Article 18
No person is authorised to discard solid waste in an inappropriate place. transported to appropriate destination in accordance with relevant laws. Solid waste must be disposed of in appropriate landfill or in a waste processing factory for production purposes.
Article 19
Any waste, especially from hospitals, health centres and clinics, research centres equipped with laboratories, industries and any other hazardous or toxic waste must be collected, treated and changed in a manner that does not degrade the environment in order to prevent, eliminate or reduce their adverse effects on human health, natural resources and environment. Management, disposal and trans-boundary movements of hazardous or toxic waste are governed by an order of the Minister.
Article 20
Any electronic waste must be collected, treated and changed in a manner that does not degrade the environment in order to prevent, eliminate or reduce their adverse effects on human health, natural resources and environment. No person is allowed to carry out activities of collecting, transportation, trading, import, dismantling and recycling electronic waste unless he/she holds an authorization issued by a competent authority. Modalities for the processing of electronic waste are determined by an Order of the Minister.
Article 21
Every socio-economic sector must mainstream environment and climate change in the development and implementation of its policies, strategies, plans and programs. Administrative entities, national and international non-governmental organisations as well as individuals must conserve the environment and prevent adverse effects of climate change.
Legal Area
Monitoring and reporting obligations on government
Article 22
The State takes adequate measures aimed at the education on the conservation of the environment and adaptation to the impacts of climate change and integrates the same in schools curricula at all levels. Within their capacity, administrative entities, national and international non-governmental organisations must sensitise the population on environmental and climate change issues.
Article 23
The government and decentralised entities must establish green spaces. Public organs in charge of housing and infrastructure must ensure the integration of green spaces in the master plan as well as in individual construction plans.
Article 24
The authority in charge of climate change in collaboration with administrative entities and national and international non-governmental organisations must develop, regularly update,
Legal Area
Monitoring and reporting obligations on government
1°
national inventories of anthropogenicemissions by sources and removals by sinks of all greenhouse gases using comparable methodologies provided by the convention on climate change;
Legal Area
Monitoring and reporting obligations on government
2°
national programs containing measures to mitigate climate change by addressing anthropogenic emissions by sources and removals by sinks of all greenhouse gases;
Legal Area
Monitoring and reporting obligations on government
3°
national climate change vulnerability assessment and programs containing measures for adaptation to impacts of climate change in different sectors likely to be affected. An Order of the Minister determines the procedure for preparation of national report on climate change and responsibilities of organs that are involved.
Legal Area
Monitoring and reporting obligations on government
Article 25
The Authority in charge of climate change upon consultation with administrative entities and national and international non-governmental organisations must promote and cooperate in the development, application and diffusion of, including transfer of technologies, practices and processes that control, reduce or prevent anthropogenic emissions of greenhouse gases and increase the adaptive capacity to build climate resilience.
Legal Area
Establishing or designating national climate bodies and functions
4°
to prohibit any activity carried out on its behalf or in its capacity that may degrade the environment in another country or in regions beyond its national jurisdiction;
7°
to establish a national policy on climate change and develop strategies, plan and programs aiming at slowing down the increase of greenhouse gas emissions and enhancing adaptive capacity to the impacts of climate change including research and impact assessment studies.
Article 27
Only the State has the supreme power of management of all land situated on the national territory. It protects and conserves it by means of the following:
Legal Area
Monitoring and reporting obligations on government
1°
to establish measures for controlling soil erosion and soil pollution by chemical substances, fertilisers, human and veterinary medicines and others which are allowed for use;
1°
to establish the list of species of animals and plants that must be protected depending on their role in ecosystems, their scarcity, their aesthetic value, their threat to extinction and their economic, cultural and scientific role;
2°
to identify areas to be protected for conservation or rehabilitation of ecosystems, forests, woodlands, species of biodiversity and protected zones, monuments, historical sites and landscapes. The list referred to in item 1° of this Article is established by an Order of the Minister.
Article 30
The list of projects that must undergo an environmental impact assessment before they obtain authorization for their implementation is established by an Order of the Minister. An Order of the Minister also issues instructions and procedures for conducting environmental impact assessment.
Article 31
Every policy, strategy, plan and programme must undergo a strategic environmental assessment. Procedures for conducting strategic environmental assessment are determined by an Order of the Minister.
Article 32
Every project that may have significant impact on the environment must undergo an environmental audit during and after its implementation. The list of projects that must undergo environmental audit is established by an Order of the Minister. An Order of the Minister also issues instructions and procedures for conducting environmental audit.
Article 33
The environmental impact assessment, environmental audit and strategic environmental assessment must be approved by the Authority or another State organ authorised in writing to do so by the Authority. If the approval is made by an authorised organ, such an organ does so on behalf of the Authority which is also responsible for its audit.
Article 34
The consultancy cost for environmental audit and environmental impact assessment are borne by the project initiator. The consultancy cost for strategic environmental assessment are borne by the recipient public institution be paid by the project initiator seeking environmental impact assessment and environmental audit services provided by the State.
Article 35
The State sets financing mechanisms to support Government initiatives, initiatives of administrative entities, national and international non-governmental organisations aiming at protecting environment and building climate resilience.
Article 36
Initiatives aimed at protecting environment, importation of environmental friendly materials and factories using environmental friendly and low carbon technologies benefit from a range of facilitation arrangements in accordance with relevant laws.
Article 37
The State has the obligations to protect and conserve water resources and promote sanitation. While discharging such obligations, it focuses on the following:
5°
to identify reserved areas for protection, conservation or rehabilitation of water systems and its quality, riverbanks and shores, rivers, streams, lakes, plains, valleys and swamps;
6°
to establish concrete measures for effective management of water resources, which considers the quality of its sources and determines means of raising the volume of water and avoiding its wastage.
2°
to promote, and cooperate in, scientific, technological, technical, socio-economic and other research, systematic observation and development of data archives related to the climate system;
Legal Area
Monitoring and reporting obligations on government
3°
to ensure education, training and awareness meant to the public, administrative entities, national and international non-governmental organizations about climate change.
Legal Area
Monitoring and reporting obligations on government
Article 39
Decentralised entities must ensure the implementation of laws, policies, strategies, objectives and programmes relating to the protection, conservation and promotion of the environment in Rwanda. In particular, decentralised entities are responsible for:
A
committee responsible for conservation, protection and promotion of environment as well as climate change is established at the City of Kigali, District, Sector and Cell levels. The organisation, functioning and responsibilities of environmental protection committees as well as their members of are determined by a Prime Minister’s Order.
5°
to build an agricultural and livestock installation in a distance of ten metres (10 m) away from the banks of streams and rivers and fifty metres (50 m) away from the lake banks;
6°
to build a cattle kraal, slaughter house, cattle market in a distance of sixty metres (60 m) away from the banks of streams and rivers and two hundred metres (200 m) away from the lake banks;
7°
to build in water sources, streams, rivers and lakes and in the buffer zone in a distance of ten metres (10 m) away from streams and fifty metres (50 m) away from lakes;
16°
to dump, make flow, dispose of and store any substance in a place where it may cause or facilitate pollution of national waters.
However, the Minister, after consultations with relevant institutions, may authorize some constructions or any other tourism-related activity as well as the use of water and underwater resources.
Article 43
Acts which cause emission of harmful noiseor which is detrimental to human health are prohibited. Any noise emission must comply with standard regulations set by competent authority.
7°
to cut trees in forests or protected areas or in national parks. The Authority issues instructions determining modalities of the open air burning with an aim of solving particular problems.
7°
to burn domestic waste, rubbish, tyres and plastic materials. An Order of the Minister determines a list of chemicals and other polluting substances that are not permitted.
Article 46
Any person who does not carry out environmental impact assessment before launching any project that may have harmful effects on the environment while it is required, is punished by suspension of his/her activities or closure of his/her association and ordered to rehabilitate the damage to environment, persons and property. He/she also pays an administrative fine of two percent (2%) of the total cost of the project.
3°
drains, diverts or blocks a river without prior authorization of the competent authority;
is liable to an administrative fine of three million Rwandan Francs (FRW 3,000,000). Any person who commits one of acts referred to in items 2 and 3 of Paragraph One of this Article must also rehabilitate the damaged area.
2°
carries out any activities, except those related to research and science, in protected swamps;
is liable to an administrative fine of five million Rwandan francs (FRW 5,000,000) and is ordered to rehabilitate damages caused by him/her.
1°
builds a cattle kraal, slaughter house, cattle market in a distance of sixty metres (60 m) away from the banks of streams and rivers and two hundred metres (200 m) away from the lake banks;
2°
builds an agricultural and livestock installation in a distance of ten metres (10 m) away from the banks of streams and rivers and fifty metres (50 m) away from the lake banks;
5°
dumps any solid, liquid waste, hazardous gaseous substances in a stream, river, lake and in their surroundings, is liable to an administrative fine of five hundred thousand Rwandan francs (FRW 500,000) and demolition of his/her installations. If acts referred to in Paragraph One of this Article were committed by the owner whose project underwent environmental impact assessment, the owner is liable to rehabilitation of the damaged ecosystem and an administrative fine of two percent (2%) of the cost of the project.
Article 50
Any person who piles, abandons, disposes of wastes or dumps waste water or materials on unauthorized public or private place is liable to an administrative fine of fifty thousand Rwandan francs (FRW 50,000) and is ordered to remove his/her substances or rehabilitate damages caused by him/her. If the acts referred to in Paragraph One of this Article are committed by a person authorized to treat waste, he/she is liable to an administrative fine of five million Rwandan francs (FRW 5,000,000). The authorization is also suspended or withdrawn.
A
person who defecates, urinates, spits or discards mucus or any other human waste in inappropriate place is liable to an administrative fine of ten thousand Rwandan francs (FRW 10,000) and he/she may be compelled to clean the place.
Article 52
Any person who unlawfully burns domestic waste, crop residues, tyres and plastic materials is liable to an administrative fine of twenty five thousand Rwandan francs (FRW 25,000).
Article 53
Without prejudice to the provisions of the Law determining offences and penalties in general, any person who causes noise pollution is liable to an administrative fine of five hundred thousand Rwandan francs (FRW 500,000).
Article 54
Any person who wilfully delays or hinders an inspection is liable to an administrative fine of five hundred thousand Rwandan francs (FRW 500,000).
Article 56
Any person who buys, sells, imports, conveys in transit, stores, immerses, buries, burns or uses any other means that may lead to decomposition of toxic waste in a place and which may be harmful to human beings or environment or anyone who signs an agreement authorizing him/her to carry out such activities, commits an offence. Upon conviction, he/she is liable to imprisonment for a term of not less than seven (7) years and not more than ten (10) years and a fine not less than one hundred million Rwandan francs (FRW 100,000,000) and not more than two hundred million Rwandan francs (FRW 200,000,000).
2°
immerses, buries, burns or uses any other means that may cause decomposition of waste in a damp place,
commits an offence.Upon conviction, he/she is liable to imprisonment for a term of not less than three (3) years and not more than five (5) years and a fine of not less than five million Rwandan francs (FRW 5,000,000) and not more than ten million Rwandan francs (FRW 10,000,000).
Article 58
Any person who hunts, sells, injures or kills a protected animal species and products thereof, commits an offence. Upon conviction, he/she is liable to imprisonment for a term of not less than five (5) years and not more than seven (7) years and a fine not less than five million Rwandan francs (FRW 5,000,000) and not more than seven million Rwandan francs (FRW 7,000,000).
Article 59
Any person who causes death, destroys protected plants, harvests or damages them, commits an offence. Upon conviction, he/she is liable to imprisonment for a term of not less than three (3) years and not more than five (5) years and a fine of not less than one million Rwandan francs (FRW 1,000,000) and not more than three million Rwandan francs (FRW 3,000,000).
Article 60
Any person who introduces plants or animal species whether alien or indigenous into wetlands without prior authorization of the competent authority, commits an offence. Upon conviction, he/she is liable to imprisonment for a term of not less than three (3) years and not more than five (5) years and a fine not less than one million Rwandan francs (FRW 1,000,000) and not more than three million Rwandan francs (FRW 3,000,000).
Article 61
Staff in charge of environmental management in their respective institutions are entrusted with the capacity to carry out inspection. Those employees are as follows: 1º staff of the Authority; 2º staff of the City of Kigali and those of the district. The Authority puts in place instructions governing inspection process.
Article 63
An Order of the Minister in charge of justice grants some of staff members of the Authority the power of criminal investigation in environmental matters.
Article 66
This Law comes into force on the date of its publication in the Official Gazette of the Republic of Rwanda. Kigali, on 13/08/2018
(sé) KAGAME Paul President of the Republic
(sé)
