Tuesday, August 2, 2011

PROCLAMATION NO.9/1995 ESTABLISHMENT OF THE ENVIRONMENTAL PROTECTION AUTHORITY


PROCLAMATION NO.9/1995
PROCLAMATION TO PROVIDE FOR THE ESTABLISHMENT OF
THE ENVIRONMENTAL PROTECTION AUTHORITY
WHEREAS, it has become necessary to establish the Environmental Protection Authority;
NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:
1.    Short Title
    This Proclamation may be cited as the "Environmental Protection Authority Establishment Proclamation No.9/1995"
2.    Definitions
    In this Proclamation:  
      1. "Environment" means the totality of all resources whether in their natural state or as modified or changed by man as well as the external conditions and impacts which affect the quality and quantity of said resources and the welfare of human beings; 2. "Environmental Protection" means the protection of land, water, air and similar other environmental resources, factors and conditions which affect the life and development of all organisms including human beings; 3.    "Environmental Management" means the study, protection and conservation as well as the control of the utilization of the environment in general; 4."Person" means any natural or juridical person.
3.    Establishment
  1. The Environmental Protection Authority (hereinafter referred to as the "Authority") is hereby established as an autonomous public institution of the Federal Government.
  2. The Authority shall be accountable to the Council of Ministers.
4. Head Office The head office of the Authority shall be in Addis Ababa and it may have branch offices in the Regions, as necessary. 5.    Objective
    The objective of the Authority shall be to ensure that all matters pertaining to the country's social and economic development activities are carried out in a manner that will protect the welfare of human beings as well as sustainably protect, develop and utilize the resource bases on which they depend for survival.
6.    Powers and Duties of the Authority The Authority shall have the following powers and duties:
  1. to prepare environmental protection policy and laws; and, upon approval, follow up their implementation;
  2. to prepare directives and systems necessary for evaluating the impact of social and economic development projects on the environment; follow up and supervise their implementation;
  3. to prepare standards that help in the protection of soil, water and air as well as the biological systems they support, and follow up their implementation;
  4. to carry out studies required to combat desertification and, in cooperation with the concerned organs, create favorable conditions for their implementation;
  5. to make recommendations on the application of diverse encouragement and regulatory measures for the better protection of the environment;
  6. to provide instruction required to enhance awareness of the need for environmental protection;
  7. to follow up the implementation of international treaties on environmental protection to which the country is a party;
  8. to render advice and technical support to Regions on environmental protection;
  9. to own property, enter into contracts and sue and be sued in its own name;
  10. to carry out such other activities as are necessary for the fulfillment of its objective.
7. Organization of the Authority The Authority shall have:
  1. an Environmental Protection Council (hereinafter the "Council");
  2. a General Manager and Deputy General Manager appointed by the Government; and
  3. The necessary staff.
8. Members of the Council
  1. an official to be designated by the Government ……. Chairman
  2. the Minister of Agriculture …………………. Member
  3. the Minister of Trade and Industry ……………….. "
  4. the Minister of Health ……………………. "
  5. the Minister of Mines and Energy ……………… "
  6. the Commissioner of the Science and Technology Commission "
  7. the Minister of Water Resources …………………… "
  8. the General Manager of the Authority ……………. "
9. Meetings of the Council
  1. The Council shall hold a regular meeting once every six months; however, it may at any time hold an extraordinary meeting, whenever found necessary.
  2. There shall be a quorum where the majority of the members of the Council are present at its meetings.
  3. Decisions of the Council shall be passed by a majority vote; in case of a tie the Chairman shall have a casting vote.
  4. Without prejudice to the other provisions of this Article, the Council may draw up its own rules of procedure.
10. Powers of the Council
    The Council shall have the powers and duties to:
    1. deliberate upon policy matters concerning environmental protection and submit its recommendations thereon;
    2. evaluate and approve directives and standards issued by the Authority.
11.    Powers and Duties of the General Manager
    1. The General Manager shall be the chief executive of the Authority and, as such, shall direct and administer the activities of the Authority.
    2. Without limiting the generality stated in sub-Article (1) of this Article, the General Manager shall:
  1. exercise the powers and duties of the Authority specified in Article 6 of this Proclamation;
  2. employ and administer employees of the Authority in accordance with the federal civil service laws;
  3. prepare the annual work programme and budget of the Authority and implement same upon approval;
  4. effect expenditure in accordance with the approved budget and work programme of the Authority;
  5. represent the Authority in all its dealings with third parties;
  6. submit reports on the activities of the Authority.
    1. The General Manager may delegate part of his powers and duties to the other officials and employees of the Authority to the extent necessary for the efficiency of the Authority
12. Budget The budget of the Authority shall be allocated by the Government. 13. Books of Accounts
  1. The Authority shall keep complete and accurate books of accounts.
  2. the Authority's books of accounts and financial documents shall be audited annually by the Auditor General or by auditors designated by him.
14.    Duty to Cooperate Any person shall have the duty to cooperate by way of providing information sought by the Authority for its activities. 15. Effective Date This Proclamation shall enter into force as of the 24th day of August, 1995. Done at Addis Ababa, this 24th day of August, 1995
NEGASSO GIDADA (DR.)
PRESIDENT OF THE FEDERAL DEMOCRATIC
REPUBLIC OF ETHIOPIA
 
 
 

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