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This Act makes provision for the establishment of the National Environment Council, the Lesotho Environment Authority, the National Environmental Fund and the Environmental Tribunal and provides in general for the conservation and management of the environment in Lesotho.The Act consists of 123 sections divided into 16 Parts: Preliminary (I); General Principles (II); Institutional Arrangements (III); Environmental Planning (IV); Environmental Impact Assessment, Audits and Monitoring (V); Environmental Quality Standards (VI); Pollution Control (VII); Environmental Management (VIII); Environmental Restoration Order (IX); Inspection, Analysis And Record (X); International Environmental Conventions (XI); Information, Education and Public Awareness (XII); Financial Provisions (XIII); Environmental Tribunal (XIV); Offences (XV) ; Miscellaneous (XVI).Section 3 sets out principles of environmental management. The National Environment Council established under section 5 as the supreme body at Government level for the formulation of policy for purposes of this Act. The supreme body in the formulation of policy for purposes of this Act, established under section 9, as a body corporate, shall be the principal agency for the management of the environment and carry out functions set out in section 10. The governing body of the Authority shall be a Board of Directors. There shall be a Chief Executive of the Authority who shall be appointed by the Minister (sect. 17). The Authority shall every five years prepare a National Environmental Action Plan in accordance with section 25. Environmental planning at district level shall be done by District Development Coordinating Committees in accordance with section 26. An environment impact assessment shall be undertaken on projects and activities specified in the Schedule to this Act (sect. 27). The Authority shall, in consultation with the relevant Ministry establish standards for the quality of water, the quality of air, the quality of soil, waste, noise, ionization and other radiation and guidelines for environmental disasters (Part VI). Part VIII on environmental management provides for a wide variety of matters such as identification and protection of hilly and mountainous areas, re-forestation and afforestation of hilly and mountainous areas, protection of rivers, river banks or wetlands etc., general and specific orders, for standards for the management of rivers, river banks, lakes, lake shore and wetlands, protection of forests, conservation of energy and planting of trees or woodlots, conservation of Biological Diversity and biological resources in situ and ex-situ, access to genetic resources of Lesotho, management of range lands, land use planning, protection of natural heritage sites, protection of natural environmental areas, protection of the ozone layer, management of dangerous materials and the management of (hazardous) waste. The Authority may issue to any person, in respect of a matter relating to the management of the environment and natural resources, an environmental restoration order pursuant to Part IX. Section 89 concerns the designation of environmental inspectors. The National Environment Fund is established under section 98. The fund shall be administered by the Authority and the object for which the Fund is established is the protection, enhancement and management of the environment and natural resources in Lesotho. Regulation making powers of the Minister are set out in section 122.
Repealed by: Environment Act 2008 (No. 10 of 2008). (2008)
