Sierra Leone’s Presentation - PowerPoint Presentation

1. Sierra Leone’s Presentation By Gibrilla Kamara, Environment Protection Agency Sierra Leone PRESENTATION OUTLINE INTRODUCTIONThe Constitution of Sierra Leone as the basis of all lawsThe Environment Protection Agency Act of 2008 and its 2010 amendmentThe 2019 Amendment Draft awaiting further action

2. PRESENTATION OUTLINE CONTINUE…. Legal and institutional arrangements for the control of HCFCs and other ODSLegal and institutional arrangements for the control of HFCsLegal and institutional arrangements for the control of emission from HFCsProcedures and processes for the review/update, development and adoption of legislation on the controlled substances under the Montreal Protocol

3. INTRODUCTIONThe 1991 Sierra Leone’s Constitution is basic law from which all other laws, powers and authority are derived.Chapter Two of the constitution prescribes the state policy objectives which include: Political Education Economic Foreign Social Clearly, there is no express mention of environmental policy objectives

4. However, section 10 Under the Foreign policy objectives commits the state to respect international law and treaty obligations, for example, the Montreal Protocol and its Kigali Amendment.Policies are developed; legislations are enacted; and institutions are established in order to fulfill this commitment. Examples, the National Environment policy, the Environment Protection Agency Act 2008 which establishes the Environment Protection Agency of Sierra Leone.

5. The Environment Protection Agency Act of 2008 and its 2010 amendmentThe 2008 EPA Act is a framework legislation enacted to deal with matters of environmental protection and management and other related matters.Section 3 of the Act creates a Board of Directors whose membership is drawn from relevant MDAsThe Board has powers under section 62 to make regulations for the effective implementation of the Act.

6. The Environment Protection Agency Act of 2008 and its 2010 amendmentThe 2008 Act was amended in 2010 taking the supervisory role of the Ministry of Lands and the Environment and placing the Agency directly under the Office of the President.This amendment gives the Agency the autonomy and the powers it requires to take effective and timely actions for environmental protection and management.

7. Key features of the 2019 Draft awaiting further actionIncorporation of the treaty obligations of the Kigali Amendment: HFCsCreation of Coordination and Collaborative mechanism for the effective implementation of international environmental law: Multilateral Environmental Agreements Coordination Committee(MEACC)Creation of an Environmental Compliance & Enforcement Coordination Committee(CECECC) to promote One Room enforcement of national environmental laws.

8. Legal and institutional arrangements for the control of HCFCs and other ODSSierra Leone ratified the Montreal Protocol in 2001Part V of the 2008 EPA Act is specifically dedicated to substances controlled by the Montreal Protocol: CFCs, Halons, Mythyl Bromide, HCFCs,CCl,License and permit provisions under the 2008 Act help to identify and regulate importers.The 2010 Ozone Depletion Substances Regulations prescribe procedures and processes for the importation and regulation of ODS.Environmental Desk established at the Port for tracking the importation of substances controlled by the Montreal Protocol and the Kigali Amendment.Undertake regular compliance and Enforcement monitoring

9. Legal and institutional arrangements for the control of HFCCabinet has approved the ratification of the Kigali Amendment and the document has been placed on the Agenda of Parliament for ratification by the end of the month.The 2019 revised Draft has incorporated substances under the Kigali Amendment2010 ODS Regulations would be subsequently revised to capture substances under the Kigali Amendment.MOUs developed with relevant institutions for the effective domestication of the Montreal Protocol and its amendment: Customs, Refrigeration Engineer Technicians Association(RETA), Boarder Guards and inspectors, the Sierra Leone Police.

10. Legal and institutional arrangements for the control of emission from HFCsThe Revised Draft generally captures Environmental Emergencies, including emissions, but no specific provisions for control of emission from HFCs. There are preventive and responsive provisions in revised draft for emissions generally.

11. Procedures and processes for the review/update, development and adoption of legislation on the controlled substances under the Montreal ProtocolIdentify key issue(s) that requires legislative actionMake a legislative proposal for the attention of cabinet( Cabinet Paper)Cabinet deliberates and approvesConsultations with key stakeholders for putting together the contents of the legislationSend drafting instructions to the Attorney General & Minister of Justice

12. Procedures and processes continue…..AGMJ requests concurrences from relevant institutions to make sure that the draft law is not in conflict with existing lawsAGMJ or the Executive Director lays the Draft Bill or regulations to Parliament for deliberations and enactment.For regulations they are laid in parliament and become law after 21 days if there is no objection

13. ConclusionSierra Leone has a legal and institution frameworks for the effective implementation of the Montreal Protocol and the Kigali Amendment. Gaps in these legal and legislative frameworks are identified and proposals made for better implementation.The proposal could be in the form of legislative reviews, updating of regulations and restructuring management systems.

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