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LAWS, REGULATIONS AND POLICIES

GOVERNING SOLID WASTE


MANAGEMENT

JK
INTRODUCTION
• Waste is something of no value to a particular
individual of a group hence are thrown away
as soon as possible
• The act of throwing waste away if not properly
managed can cause both environmental and
social impacts
• People are known to dump waste at their
neighbours gate, on roads, in storm water
drains, into rivers, lakes,etc

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INTRODUCTION contn’d
• To avoid these bad practices we need legal
backup
• There must be clear policy, laws, regulations,
etc and effective implementation measures
• In Uganda Local Governments have been
empowered to make laws that governs solid
waste management

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LAWS AND REGULATIONS
Who is responsible for making policies and
regulations solid waste management?
Who implements these policies and regulations?
Which authorities should CBos coordinate or
link with in solid waste management?

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Existing Laws
Since 1994 Uganda has endeavored to create an enabling
environment for sustainable economic and social
development.

Constitution of the Republic of Uganda, 1995


• The Constitution of the Republic of Uganda, 1995 is the
cornerstone document of contemporary legislation in Uganda.
. The constitution in clause (39) states that ‘Every Ugandan
has a right to a clean and healthy environment’ while at the
same time expects citizens to play their part in creating a
healthy environment – ‘it is the duty of every citizen of
Uganda to create and protect a clean and healthy
environment’ (clause 17(j)).

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Existing Laws Existing Laws
contn’d
• After the enactment of the constitution
several Statutes and Acts were passed to
provide a legal framework for directing
development efforts towards achieving the
national objective set out in the Constitution.

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The National Environment Management Policy
(NEMP), 1994.
• NEMP, 1994 set the overall goal, objectives and key principles
for environment management for Uganda. It provides the
basis for the harmonization of sectoral policies, a
multisectoral approach to resource planning and
management (Through the creation of NEMA), a
comprehensive environmental legal framework, and the
development of a new sustainable development culture.
• The overall policy goal is ‘sustainable social and economic
development which maintains or enhances environmental
quality and resource productivity on a long-term basis that
meets the needs of the present generation without
compromising the ability of future generations to meet their
own needs’.

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Decentralization policy
• The policy of decentralization has allowed the
devolution of state powers from Central
Government down to LG councils at the
districts and municipalities
• Environmental management and planning is
therefore the responsibilities of LGs and
municipalities.

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Liberalization and privatization policies
• Both policies put the control and
responsibility over the economy into the
hands of the private entrepreneurs
• The people remain with their individual
powers and capacities.

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The National Environment Act Cap 153

• The National Environment Act Cap 153 appoints the National


Environment Management Authority (NEMA) as a principal
agency for management of the environment and includes
amongst its functions the integration of all environmental
concerns in overall national planning. It also empowers NEMA
to establish environmental standards and regulations (e.g.
Waste management regulations)
• Other main items of legislation that have influenced solid
waste management and sanitation are:
– Public Health act, 1964
– Local Government Act, 1997

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Other Acts of Parliament
• The Public Health Act, 1964: requires authorities to take
predictable measures to prevent the outbreak of infectious
diseases and to safeguard and promote public health.
• The Local Government Act, 1997: allocates responsibility for
service delivery of a number of functions to local government
councils Districts/ Cities/ Towns/ Municipalities) and to lower
local government councils (sub-counties/divisions). Included in
these functions are environmental sanitation and environmental
management.
• The Act Sections 39-45 empowers Local Councils to make by-
laws, subject to certification by the next higher council or the
Attorney General to ensure consistency with the Constitution, or
any law. In this context therefore the community group
committees may pass by-laws related to their waste
management .

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The Local Government Act, 1997 contn’d

• Second Schedule Part 2, Functions and


services for which District Councils are
responsible subject to article 176 (2)…No 2 (i):
– provides for Environment Sanitation services
and,
• Part 3 No 1 (w) – sanitary services for removal
of night soil, rubbish, carcasses of dead
animals and all kinds of refuse and effluent.

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Waste Management Regulations
• Solid Waste management has to abide by: The
National Environment (Waste Management)
Regulations, 1999. All City, Municipal and
Town Councils as local urban authorities in
Uganda are statutorily bound to collection and
disposal of both liquid and solid waste as
stipulated the National Environment (Waste
Management) Regulations, 1999.

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Solid Waste Management by-laws
• The draft By-laws, for the privatised SWM in
Jinja Municipal Council (collection and
disposal of refuse) when passed, will permit
• Delegation of powers to Agency
• Responsibility
• Refuse Collection charges

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Challenges
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