Environmental Code
LAW 96-03 of February 26, 1996 ON THE ENVIRONMENTAL CODE
EXPLANATORY MEMORANDUM
The establishment of a renewed legal framework for good environmental management is one of the concerns of the public authorities in Senegal.
Law No. 83-05 of January 28, 1983 on the Environmental Code had been drawn up on the basis of well-defined priorities:
– Classified facilities
– Water pollution
– Sound pollution
– Air pollution and unpleasant odors.
Its fairly restrictive content did not allow it to take into account all the fundamental elements of environmental protection, and thus constitute a basic text serving as a framework law in Senegal. Furthermore, the evolution of the national policy for the protection of environmental resources as well as the increase in international standards and principles subscribed to by Senegal, made it necessary to revise and update the Environmental Code. Among the elements that reinforce the need for this overhaul and updating, we can note in particular:
– The implementation of the principles and measures set out in Agenda 21;
– The transfer of powers for the management of natural resources and the environment to local communities since 1996;
– The adoption of new strategic planning instruments, which are: the National Action Plan for the Environment (PNAE), the National Action Plan to Combat Desertification (PAN/LCD), the Forest Action Plan of the Senegal (PAFS), the National Strategy for the Implementation of the Framework Convention on Climate Change, the Action Program on Biological Diversity, the Action Plan for the Protection of the Ozone Layer, the Management Plan hazardous waste;
– The adoption of new legal texts in 1997 and 1998 (Forest Code, application decrees of the Water Code, Petroleum Code, Maritime Fisheries Code, etc.);
– The importance of impact studies as part of the environmental decision-making process;
– The conformity of national law with international conventions signed and ratified by Senegal;
– Consideration of certain important principles in terms of environmental protection (sustainable development, conservation, sustainable use).
In the light of the long practice of the administrations responsible for the environment, and to avoid any confusion in the application of the legal texts, it is necessary that the Code, which determines and directs the policy of the environment, is in conformity with all existing legal texts on the subject.
The initial structure of the Code has been maintained (four titles) with internal rearrangements in order to take into account important new elements, and to rebalance the content of certain chapters. Thereby :
– Title I (General Provisions) has been completely overhauled and now includes three chapters dealing with definitions, fundamental principles and instruments for the protection of the environment.
– Title II (Prevention and fight against pollution and nuisances) has been broadly maintained with six chapters dealing respectively with installations classified for the protection of the environment, human settlements, waste management, harmful chemical substances and dangerous, the impact study, and the establishment of the emergency plan.
The two-class system has been maintained for classified installations: the new proposal is to submit the first class to the authorization system, and the second class to the declaration system. Thus, the new declaration regime for second-class installations will make it possible to lighten the investigation procedure insofar as it will no longer be a question of preparing an order, but rather a declaration receipt signed by the Minister of ‘environment . Obtaining this receipt will be a substantial formality prior to the commissioning of the second class installation.
Waste management and hazardous chemical substances are the subject of separate chapters taking into account the international conventions to which Senegal is a party. Control and monitoring provisions have been strengthened.
As for the chapter on impact studies, the Code lays down the general principles, leaving it to the regulatory part to specify the appropriate procedures and methods to be followed for all activities that may directly or indirectly harm the environment.
Title III (Protection and enhancement of receiving environments) comprises four chapters: water pollution, air pollution and unpleasant odors, soil and subsoil pollution and degradation, noise pollution. The content of these chapters has been reviewed so as to constitute the reference framework for sectoral legislation and regulations (water, mines and quarries, hygiene, transport).
Title IV (miscellaneous penalties and provisions) comprises three chapters: criminal penalties, administrative penalties, miscellaneous provisions.
Such is the structure of this law relating to the Environmental Code (legislative part).
TITLE I: GENERAL PROVISIONS
ARTICLE L 1:
The Senegalese environment is a national heritage, an integral part of the world heritage.
Its protection and the improvement of the resources it offers to human life are of general interest and result from a national policy whose definition and application are the responsibility of the State, local authorities and citizens.
Every individual has the right to a healthy environment under the conditions defined by international texts, this Code and other environmental protection laws. This right is accompanied by an obligation to protect the environment.
CHAPTER I – Definitions
ARTICLE L 2: For the purposes of this law, the following definitions are given:
1 – “Air”: Atmospheric layer that envelops the earth’s surface and whose physical, chemical or other modification can harm living beings, ecosystems and the environment in general.
2 – “Public hearings”: Functional and regulated mode of public participation in the decision-making process.
3 – “Biotechnology”: Any technological application that uses biological systems, living organisms, or derivatives thereof, to produce or modify products or processes for specific use.
4 – “Ex situ conservation”: The conservation of components of biological diversity outside their natural environment. 5 – “In situ conservation”: conservation of ecosystems and natural habitats and maintenance and reconstitution of viable populations of species in their natural environment and, in the case of domestic and cultivated species, in the environment where their distinctive characteristics have developed .
6 – “Waste”: Any solid, liquid, gaseous substance, or residue from a process of production, transformation, or use of any other substances eliminated, intended to be eliminated or to be eliminated under the laws and regulations in force.
7 – “Desertification”: Land degradation in arid, semi-arid and dry sub-humid areas as a result of various factors, including climatic variations and human activities.
8 – “Sustainable development”: Development that meets the needs of the present without compromising the ability of future generations to meet theirs.
9 – “Biological diversity”: Variability of living organisms from all sources including, among others, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems.
10 – “Ecological damage”: Any damage suffered by the natural environment, people and property, and affecting the ecological balance. It can be:
– Pollution damage caused by man and suffered by identifiable and particular heritages;
– Damage suffered by inappropriate elements of the natural environment;
– Damage to crops and property caused by game.
11 – “Continental waters”: All surface water and groundwater. 12 – “Marine waters”: The waters contained in the territorial sea and the waters of the exclusive economic zone.
13 – “Environment”: all natural and artificial elements as well as economic, social and cultural factors which promote the existence, transformation and development of the environment, living organisms and human activities.
14 – “Polluting emission”: Emission into the atmosphere of gas or solid or liquid particles, corrosive, toxic, radioactive or odorous, likely to inconvenience the population, to compromise public health or safety and to harm production agriculture, forest areas, the conservation of buildings and monuments or the character of the sites.
15 – “Ecological balance”: The relatively stable relationship between man, fauna and flora, as well as their interaction with the conditions of the natural environment in which they live.
16 – “Human settlements”: All urban and rural agglomerations, whatever their type and size, and all the infrastructures they must have to ensure their inhabitants a healthy and decent existence.
17 – “Impact study”: All studies prior to carrying out a development project, work, equipment, installation or establishment of an industrial, agricultural or other unit, plan or program, making it possible to assess the direct and/or indirect consequences of the investment on the resources of the environment.
18 – “Waste management”: The collection, transport, storage, recycling and disposal of waste including the monitoring of disposal sites.
19 – “Environmentally sound management of waste”: All practical measures to ensure that waste is managed in a way that guarantees the protection of human health and the environment against the harmful effects that such waste may have.
20 – “Classified installations”: Any fixed or mobile source likely to cause damage to the environment, regardless of its owner or assignment.
21 – “Nuisance”: any element prejudicial to human health and the environment.
22 – “Participation of the populations”: involvement of the populations in the decision-making process. The participation of the populations comprises three stages including information, consultation and the public hearing.
23 – “Pollutant”: Any solid, liquid or gaseous element or rejection, any waste, smell, heat, sound, vibration, radiation or combination of these likely to cause pollution.
24 – “Polluter”: Any natural or legal person emitting a pollutant which leads to an imbalance in the natural environment.
25 – “Pollution”: Any contamination or direct or indirect modification of the environment caused by any act likely:
– to adversely affect a use of the environment beneficial to man;
– to cause or risk to cause a situation detrimental to health, safety, well-being of man, flora, fauna, atmosphere, water and collective and individual property;
26 – “Atmospheric pollution”: Emission into the atmosphere of gases, smoke or substances likely to inconvenience populations, compromise public health or safety or harm agricultural production, the conservation of buildings and monuments or the character of natural sites and ecosystems.
27 – “Water pollution”: Introduction into the aquatic environment of any substance likely to modify the physical, chemical and biological characteristics of water and to create risks for human health, to harm wildlife and aquatic flora, impair the amenities of the sites or interfere with any other normal use of the waters.
28 – “Marine pollution”: Direct or indirect introduction of substances or energy into the marine environment, when it has or may have harmful effects on marine fauna and flora and on amenity values, when it may cause hazards to human health or interfere with maritime activities, including fishing and other normal uses of the sea.
29 – “Sound pollution”: Any unpleasant or disturbing auditory sensation, and any acoustic phenomenon producing this sensation, and having negative effects on health.
30 – “Water police”: All the rules intended to protect hydraulic resources by monitoring and controlling the quality of water with a view to preventing its pollution.
31 – “Sustainable use”: The use of the components of biological diversity in a way and at a rate that does not lead to their long-term impoverishment, and thus safeguards their potential to meet the needs and aspirations of generations present and future.
CHAPTER II – Fundamental principles
ARTICLE L3:
The purpose of this law is to establish the fundamental principles intended to manage and protect the environment against all forms of degradation, in order to rationally enhance the exploitation of natural resources, to fight against the different kinds of pollution and nuisances and to improve the living conditions of populations while respecting the balance of their relations with the surrounding environment.
This Code sets the basic rules for environmental protection.
ARTICLE L 4:
The protection and enhancement of the environment are an integral part of the national socio-economic and cultural development policy. Any development project implemented in the country must take into account the imperatives of protection and enhancement of the environment. It should also take into account the following principles:
– Sustainable development and integrated planning;
– The conservation and sustainable use of biological diversity;
– Prevention and precaution in terms of environmental protection;
– Public participation in decision-making;
– The decentralization of decisions on the environment and the management of natural resources;
– Cooperation between the State, local authorities, associations, governmental and non-governmental bodies, citizens;
– Strengthening the capacities of the State, local communities, and all development actors;
– Sub-regional and international cooperation.
ARTICLE L 5:
The implementation of the national policy for the protection and enhancement of the environment is ensured by the Ministry responsible for the environment.
Within the framework of this implementation, the Ministry responsible for the environment collaborates closely with all the other ministerial departments intervening directly or indirectly in the field of the environment.
It also works closely with local authorities. The Ministry responsible for the environment, through its competent technical departments, is responsible for coordinating all the environmental protection activities carried out by the State.
ARTICLE L6:
In accordance with the principle of the free administration of local authorities affirmed by the constitution of Senegal, and in application of the Code of local authorities and the law relating to the transfer of powers, local authorities benefit from a transfer of powers in matters of the Environment. and natural resource management.
Nevertheless, this transfer of powers does not preclude the right of the State to take, with regard to local authorities, their public establishments and their groupings, the measures necessary for the exercise of its powers in the area of defense. civil or military, in accordance with the laws and regulations in force.
In the exercise of their powers, local authorities must comply with the provisions and principles set out in this code. The conditions set out in article L 3 paragraph 2 apply to them.
ARTICLE L 7:
The State guarantees all citizens the right to environmental education.
In this context, public and private institutions in charge of teaching, research or communication must participate in education, training and raising public awareness of environmental problems:
– by integrating into their activities programs to ensure better knowledge of the environment;
– by promoting the capacity building of environmental actors.
Local authorities, within the limits defined by the laws and regulations in force, and environmental protection associations contribute to any action undertaken by the ministerial departments.
CHAPTER III – Instruments for the protection of the environment
ARTICLE L8:
Environmental planning is an instrument of environmental policy. The following plans and strategies fit into this policy:
– Economic and social development plans;
– The national land use plan;
– The national action plan for the environment;
– The national strategy for implementing the United Nations Framework Convention on Climate Change;
– The Ozone Country Program for the implementation of the Vienna Convention and the Montreal Protocol on Substances that Deplete the Ozone Layer;
– The national action plan for the management of hazardous waste;
– The national action program to combat desertification;
– The forestry action plan
– The action program for the preservation of biological diversity
– The land action plan
TITLE II: PREVENTION AND FIGHT AGAINST POLUTIONS AND NUISANCES
CHAPTER I – Installations classified for the protection of the environment
ARTICLE L 9:
Are subject to the provisions of this law, factories, workshops, depots, construction sites, quarries and, in general, industrial, artisanal or commercial installations operated or owned by any natural or legal person, public or private, and all other activities which present either dangers for health, safety, public sanitation, agriculture, nature and the environment in general, or inconveniences for the convenience of the neighbourhood.
ARTICLE L10:
The installations referred to in article L 9 are divided into two classes. Depending on the danger or the seriousness of the inconveniences that their operation may present, they are subject either to authorization or to declaration.
ARTICLE L11:
The first class includes installations which present serious dangers or inconveniences for the interests referred to in Article L 9. The operation of these installations may only be authorized on condition that the measures specified, by ministerial order, are taken to prevent these dangers or inconveniences.
The second class includes installations which, not presenting serious disadvantages for the interests referred to in Article L 9, must comply with the general requirements issued by the Minister responsible for the environment with a view to ensuring the protection of these interests. .
ARTICLE L12:
The categories of facilities subject to the provisions of this law and the classification of each of them are defined by order of the Minister responsible for the environment, after consulting the Ministries responsible for industry and civil protection.
ARTICLE L 13:
The installations classified in the first class must be the subject, before their construction or their commissioning, of an authorization of exploitation delivered by decree of the Minister in charge of the environment under the conditions fixed by decree.
This authorization is obligatorily subject to their distance, over a radius of at least 500 m, from dwellings, buildings usually occupied by third parties, establishments open to the public and areas intended for housing, from a watercourse , a lake, a thoroughfare, a water catchment. The installations classified in the second class must be the subject, before their construction or their putting into service, of a declaration addressed to the Minister in charge of the environment, who delivers them a receipt under the conditions fixed by decree.
The operator must renew his authorization request or his declaration either in the event of a transfer, or in the event of an extension or significant modification of the facilities.
In the event of a transfer of exploitation rights, the new operator is required to make a declaration addressed to the Minister responsible for the environment.
ARTICLE L 14:
Authorizations are granted without prejudice to the rights of third parties. They do not prevent the application of the provisions of the Town Planning Code with regard to building permits.
ARTICLE L 15:
Companies, after the date of entry into force of this law, may benefit from an exemption, for a period of three years, on duties and taxes levied within the framework of the fight against pollution and nuisances due to their activities.
Sales of anti-pollutant equipment and products manufactured by national companies or approved companies are considered as exports and subject to the reduced rate of turnover tax.
Companies not approved for one of the regimes provided for in the Investment Code can benefit from accelerated depreciation for equipment and anti-pollutant products.
The list of anti-pollutant equipment and products is set by order of the Minister responsible for the environment, after consultation with the Ministry responsible for industry.
The import and use of equipment and products regulated in international legal instruments, of which Senegal is a party, are subject to an authorization issued by the Ministry responsible for the environment. ARTICLE L 16:
The application for authorization of a first-class installation must be the subject of a public inquiry prescribed by decision of the representative of the State under conditions fixed by decree.
ARTICLE L 17:
The installation and operating conditions deemed essential for the protection of the interests mentioned in Article L 10, the means of analysis and measurement and the means of intervention in the event of claims are set by the order of authorization and, possibly, by additional decrees of the Minister in charge of the environment after consulting the Minister in charge of industry and the Minister in charge of civil protection.
ARTICLE L 18:
For the protection of the interests mentioned in article L 9, above, the Minister in charge of the environment must fix by decree, after opinion of the Ministers in charge of industry and civil protection, technical rules targeting certain categories installations subject to the provisions of this law. These decrees apply automatically to new installations. They specify the deadlines and the conditions under which they apply to existing installations.
ARTICLE L 19:
The Minister responsible for the environment must, by order issued after consultation with the Ministries responsible for industry, town planning and the interior, delimit, around the installations subject to authorisation, a perimeter within which are imposed special provisions with a view to prohibiting or limiting the construction, or any activity the exercise of which is likely to be disturbed by the operation of the said installations.
However, the provisions relating to the safety perimeter of classified installations located at sea are taken by order of the Ministry responsible for the merchant navy, after consulting the Ministries responsible for the environment, mines and energy.
ARTICLE L 20:
Installations subject to declaration must comply with the general requirements laid down by order of the Minister responsible for the environment after consultation with the Ministries responsible respectively for civil protection, mines and energy, with a view to protecting the interests mentioned in article L 9 of this law. Any changes made to these requirements must be made applicable to existing installations after consultation with the ministerial departments concerned.
ARTICLE L 21:
If the interests mentioned in article L 9 of this law are not protected by the execution of the general prescriptions against the inconveniences inherent in the operation of a facility subject to declaration, the Minister in charge of the environment may impose any special requirements necessary.
ARTICLE L 22:
The inspection of classified installations is carried out by sworn agents, authorized by the Minister responsible for the environment. Appraisals can be carried out by any competent person designated by the Minister responsible for the environment.
These agents or experts are bound by professional secrecy under the conditions and under the penalties provided for in the Penal Code. They may visit the facilities under their supervision at any time.
ARTICLE L 23:
In the event that the operation of classified installations presents, for the interests mentioned in Article L 9, serious dangers or disadvantages that the measures to be taken under the provisions of this law are not likely to eliminate, the closure or removal of these facilities must be ordered by order issued by the Minister responsible for the environment.
Except in cases of emergency, the closure or removal takes place after the opinion of the Ministers responsible for the interior, public health, social affairs and industry and after the presentation by the operator of its observations.
ARTICLE L 24:
Existing installations subject to the provisions of this law and which, before the entry into force of this law, did not fall within the scope of the law and decrees relating to classified installations may continue to operate without authorization or declaration provided for in article L 14 above.
However, within the period of three months from the entry into force of this law, the operator must, in order to regularize his situation, apply for an operating permit or make a declaration to the Minister responsible for the environment which imposes on it the appropriate measures to safeguard the interests mentioned in article L 9.
Failing this, the installation must be temporarily closed until regularization.
ARTICLE L 25:
Installations, classified for the protection of the environment, are subject to the duties and taxes provided for in article L 27 below.
ARTICLE L 26:
The amount of each of these taxes is fixed according to the classification, the nature, the volume, the toxicity of the materials and products, the degradation caused and the importance of the installations.
In the event of pollution noted by the competent services of the Ministry responsible for the environment or any other authorized structure, the site is repaired by the polluter(s). If the person responsible for the pollution is not identified, the restoration is carried out by the environmental services. In this case, the work is paid for from the environmental protection fund.
The amount of taxes is increased by 10% when payment is not made within the prescribed time. This 10% increase continues monthly if payment is not made one month after the first increase.
ARTICLE L 27:
Annual duties and taxes relating to classified installations are collected by the Ministry responsible for the environment. They consist of area taxes, taxes on steam and gas pressure devices and pollution taxes.
Annual fees are calculated as follows:
a/ Fixed fees:
– 30,000 F for 1st class and 10,000 F for 2nd class.
b/ Surface taxes
– for the equipped area 150 F CFA/m²/year
– for the unequipped area 75 F CFA/m²/year
c/ Taxes on steam pressure and gas pressure devices are defined as follows:
For steam pressure devices:
DESCRIPTION RATE IN FCFA COMMENTS
Generator
– Commissioning visit
and senegalization
Heating surface
From 0 to 100 m2 45000
From 101 to 300 m2 65000
From 301 to 1000 m2 95000
Greater than 1000 m2 120000
– test of a steam engine
For a heating surface
From 0 to 100 m2 55000
From 101 to 300 m2 75000
From 301 to 1000 m2 105000
Greater than 1000 m2 130000
Moving the controller
up to 50 Km 5000 Per additional km
beyond 50 km 100
For gas pressure devices:
DESCRIPTION RATE IN FCFA COMMENTS
Commissioning visit
and senegalization
Container volume
From 0 to 5 m3 20000
From 6 to 10 m3 40000
From 11 to 20 m3 60000
Greater than 20 m3 80000
Senegalese gas cylinder 20,000 +(50y) 20,000 Y=number of cylinders
Event 20,000 +(150y)
Moving the controller
up to 50 Km 5000 Per additional km
beyond 50 km 100
d) Pollution taxes are calculated based on existing pollution.
CHAPTER II – Human settlements
ARTICLE L 28:
The urban plans take into account the imperatives of environmental protection in the choice, the location and the realization of the zones of economic activities, residence and leisures. The environmental services are consulted for advice before approval.
Urban agglomerations must include land for recreational use and areas of green space, in a proportion fixed by urban planning documents.
ARTICLE L 29:
Building permits relating to subdivision projects are subject to approval by the Minister responsible for the environment and must respect environmental concerns. They are issued taking particular account of the presence of classified installations and their impact on the environment. They must be refused or subject to special prescriptions drawn up by the competent services of the Ministry responsible for the environment, if the constructions envisaged are likely to have harmful consequences on the environment.
CHAPTER III – Waste management
ARTICLE L 30:
Waste must be disposed of or recycled in an environmentally sound manner in order to eliminate or reduce its harmful effects on human health, on natural resources, fauna and flora or the quality of the environment.
The provisions of this chapter apply to all categories of waste, including biomedical waste.
ARTICLE L 31:
Any person who produces or holds waste must ensure its own disposal or recycling or have it disposed of or recycled by companies approved by the Minister responsible for the environment. Failing this, it must hand over this waste to the local community or to any company approved by the State for waste management. This company, or the local community itself, can sign contracts with the producers or holders of waste for their disposal or recycling. Recycling must always be done according to the standards in force in Senegal.
ARTICLE L 32:
The local authorities and the formed groups ensure the disposal of household waste, possibly in liaison with the regional services and the national services of the State, in accordance with the regulations in force.
Local authorities also ensure the disposal of waste other than household waste, which they must, given their characteristics and the quantities produced, collect and process on the basis of specific technical requirements. They may, for this purpose, create a special fee, in accordance with the regulations in force. They exercise their attributions under the conditions fixed by this law, the Code of local authorities and the texts of transfer of competences.
ARTICLE L33:
Waste disposal includes the collection, transport, storage and treatment operations necessary for the recovery of useful materials or energy, or of any deposit or discharge in the appropriate places, of any other deposit under to avoid the nuisances mentioned in this law.
ARTICLE L34:
The conditions under which the operations of collection, sorting, storage, transport, recovery, reuse, recycling or any other form of treatment must be carried out, as well as the final disposal of waste to avoid overproduction, the waste of recoverable waste and environmental pollution in general, are set by order of the Minister responsible for the environment in collaboration with the other Ministers concerned.
ARTICLE L 35:
The general maintenance obligation to which concession holders in the public domain are subject includes that of eliminating or having eliminated, or recycling the waste found there.
The dumping of waste in the public domain, including the maritime public domain as defined by the Merchant Marine Code, is absolutely prohibited.
ARTICLE L36:
Local communities ensure that all illegal dumping is stopped. They ensure the disposal, with the assistance of the competent State services or approved companies, of abandoned waste whose owner is not identified.
ARTICLE L37:
The disposal of waste by industrial, producing and/or processing structures must be carried out with the authorization and supervision of the Ministry responsible for the environment, which lays down requirements.
Consumers and consumer associations have an obligation to ensure compliance with waste regulations. The State and the local communities can call on their collaboration for actions of sensitization and education.
ARTICLE L38:
When the waste is abandoned, deposited or treated contrary to the provisions of this law and the regulations adopted for its application, the authority holding the police powers must, after formal notice, automatically ensure the elimination of the said waste at the expense of the manager. The Administration must also oblige the person in charge to deposit in the hands of a public accountant, a sum corresponding to the amount of the work to be carried out, which is returned as soon as the waste is eliminated in accordance with the regulations. The public accountant is appointed by order of the Minister in charge of the Economy.
ARTICLE L39:
It is strictly forbidden to import hazardous waste into Senegalese territory.
ARTICLE L 40:
The manufacture, import, possession for sale, making available to the consumer of waste-generating products or materials must be regulated by joint order of the Ministers responsible for trade, the environment and health. public, with a view to facilitating the disposal of the said waste or, if necessary, prohibiting it.
ARTICLE L 41:
The immersion, incineration or elimination by any process whatsoever of waste in continental, maritime or fluvio-maritime waters under Senegalese jurisdiction is prohibited.
ARTICLE L 42:
Burial in the basement can only be carried out after authorization from the Minister responsible for the environment, who lays down technical prescriptions and specific rules to be observed.
ARTICLE L 43:
The provisions of this chapter apply without prejudice to the regulations concerning classified installations and liquid, solid and gaseous discharges, dumping, dumping and incineration of waste in areas under Senegalese jurisdiction.
CHAPTER IV – Harmful and dangerous chemical substances
ARTICLE L 44:
Harmful and dangerous chemical substances which, because of their toxicity, their radioactivity, their destructive power in the environment or their concentration in biological chains, present or are likely to present a danger to man, natural environment or its environment when they are produced, imported on the national territory or evacuated in the environment, are subjected to the control and the monitoring of the competent services.
The provisions of this chapter are supplemented by the other corresponding regulatory texts.
ARTICLE L 45:
A national commission for the management of chemical products, the composition of which is fixed by order of the Minister responsible for the environment, has the task of controlling and monitoring the import, use and movement of chemical substances, which are harmful and dangerous to be maintained.
An inter-ministerial decree regulates and sets:
– the information that must be provided by manufacturers and importers of chemical substances intended for sale and relating to the composition of the preparations placed on the market, their marketed volume and their potential effects on man and his environment;
– the list of substances whose production, import, transit and circulation on national territory are prohibited or subject to prior authorization by the commission responsible for the control and monitoring of harmful and dangerous chemical substances;
– the conditions, mode, route and timetable of transport, as well as all prescriptions relating to the packaging and marketing of the aforementioned substances;
– the conditions for issuing the prior authorization.
ARTICLE L 46:
The chemical, harmful and dangerous substances manufactured, imported or offered for sale in violation of the provisions of this law must be seized by the authorized agents in matters of repression of fraud, the sworn agents of the competent services. When the danger justifies it, these substances must be destroyed or neutralized as soon as possible by the services of the administration concerned, at the expense of the author of the offence. Industrial companies may be called upon to provide technical support for the environmentally sound disposal of these substances.
ARTICLE L 47:
The import, manufacture, possession, sale and distribution, even free of charge, of chemical substances that have not been approved by the national commission for the management of chemical products in accordance with the provisions of the article L 46 of this law.
The State has the obligation to define national standards for the importation of equipment concerning harmful and dangerous chemical substances. The definition of these national standards should be done in accordance with the relevant international conventions.
CHAPTER V – Impact study
ARTICLE L 48:
Any development project or activity likely to harm the environment, as well as policies, plans, programs, regional and sectoral studies must be subject to an environmental assessment.
Environmental assessment is a systematic process of assessing the capabilities, capacities and functions of resources, natural systems and human systems to facilitate sustainable development planning and decision-making in general, as well as to plan and to manage the negative impacts and consequences of development proposals in particular; it includes environmental impact studies, strategic environmental assessment and environmental audits.
The environmental impact study is the procedure which makes it possible to examine the consequences, both beneficial and harmful, that a proposed development project or program will have on the environment and to ensure that these consequences are duly taken into account in the design of the project or programme.
Strategic environmental assessment aims to assess the environmental impacts of decisions taken in policies, plans and programs and their alternatives, regional and sectoral studies.
Environmental audits are a management tool that includes a systematic, documented, periodic and objective assessment of how the environmental organization, management and equipment operate, with the aim of safeguarding the environment. .
Procedures for requiring assessment of the environmental impacts of projects, programs and policies should be adopted with a view to avoiding and minimizing adverse effects, and, where appropriate, involve the public in these procedures.
The authorities of neighboring countries must be informed and consulted on any project or activity that is likely to have a cross-border impact.
ARTICLE L 49:
The impact study is part of an already existing authorization, approval or concession granting procedure; the main players involved in the environmental impact study procedure are the promoter and the competent authorities.
The impact study is prepared at the promoter’s expense and submitted by him to the Ministry responsible for the environment, which issues a certificate of authorization after technical advice from the Department of the Environment and Classified Establishments.
ARTICLE L 50:
The different categories of activities and works whose construction or operation requires an impact study are defined by decree based on the report of the Minister responsible for the environment. The decree establishes and revises the list of activities, works and planning documents for which the public authorities cannot decide, approve or authorize works without having an impact study enabling them to assess the consequences on the environment.
Any new project entered on this list and requesting an operating permit must present an environmental impact study file.
ARTICLE L 51:
The environmental impact study includes at least an analysis of the initial state of the site and its environment, a description of the project, the study of the modifications that the project is likely to generate, and the measures envisaged. to eliminate, reduce or compensate for the negative impacts of the activity as well as the cost of these before, during and after the realization of the project. A decree taken on the report of the Minister responsible for the environment specifies the content of the impact study.
ARTICLE L 52:
The public hearing procedure is an integral part of the environmental impact study.
ARTICLE L 53:
The participation of the populations responds to the desire to democratize the decision-making process and it is guaranteed by the State in the sense of decentralization and regionalization.
ARTICLE L 54:
A decree specifies the administrative procedure for the assessment and examination of environmental impacts and the conditions for the implementation of public hearings.
CHAPTER VI – Establishment of the emergency plan
ARTICLE L 55:
Emergency plans to deal with critical situations generating serious pollution of the environment are prepared by the Minister in charge of the environment in collaboration with the ministerial departments and all other public and/or private structures concerned. The necessary consultation for this purpose is organized within a specialized technical committee set up within the framework of the Permanent Secretariat of the Higher Council for Natural Resources and the Environment.
The provisions provided for in this article are integrated into the National Emergency Response Plan which is approved by decree.
The sea and coastal pollution control plan is drawn up and adopted by the Ministry responsible for the environment in conjunction with the other Ministries concerned, in accordance with the Abidjan Convention on the protection of the marine environment and Coastal Zones of West and Central Africa, signed by Senegal on March 23, 1981.
The Ministry responsible for the environment is associated with the development, implementation and monitoring of emergency plans relating to fires, floods or other natural disasters.
The emergency plans must provide for the establishment and operating rules of intervention committees and operational organizations capable of dealing with any critical situation, including situations of minor and medium emergencies.
An emergency intervention committee is created to deal with small and medium emergencies.
ARTICLE L 56:
The operator of any classified installation subject to authorization is required to draw up an internal operating plan capable of alerting the competent authorities and neighboring populations in the event of a disaster or threat of disaster, the evacuation of personnel and the means of circumscribing the causes of the accident.
The operator of any classified installation subject to declaration may, by order of the Minister responsible for the environment taken after consultation with the other Ministers concerned, be required to draw up an internal operating plan for the same purposes.
The internal operation plan must be approved by the Ministry of the Interior and the Ministries in charge of the environment, industry as well as the Ministry of Public Health and any other Ministry concerned. These Ministries periodically ensure the effective implementation of the prescriptions enacted by the internal operation plan and the good condition of the equipment assigned to these tasks.
ARTICLE L 57:
Interministerial decrees set the conditions for drawing up, the content and the procedures for implementing emergency plans and internal operations. In implementing these plans, the administrative authorities may in particular:
– the requisition of persons and property;
– temporary occupation and crossing of private property.
These acts of the administrative authorities must in all cases comply with the laws and regulations in force.
TITLE III: PROTECTION AND ENHANCEMENT OF RECEIVING ENVIRONMENTS
CHAPTER I – Water pollution
ARTICLE L 58:
Water is a public good, an environmental resource whose protection is subject, among other things, to the provisions of this law.
ARTICLE L 59:
Spills, flows, discharges, deposits, direct or indirect of any kind and more generally any event likely to cause or increase the degradation of waters by modifying their physical, chemical, biological or bacteriological characteristics are subject to the provisions of this law. , whether surface water, ground water or sea water within territorial waters. Special protection zones, subject to special measures, must, if necessary, be set up by order of the Ministers responsible for the environment, public health, hydraulics, the Merchant Navy and fisheries. depending on the levels of pollution observed and taking into account certain circumstances liable to aggravate the inconveniences.
ARTICLE L 60:
The characteristics of the waste water discharged must enable the receiving environments made up of continental waters and marine waters to meet the objectives assigned to them.
The discharge of waste water into the public sewerage network must not harm either the conservation of the works or the management of these networks.
The authority owning or managing the network is responsible for monitoring the condition of the works. It is required to reduce the impacts of works on water as much as possible.
ARTICLE L 61:
the Minister responsible for the environment, in conjunction with the Ministers concerned, sets by decree:
1 – The list of substances whose discharge, dumping, deposit, immersion or introduction directly or indirectly into continental and marine waters must be either prohibited or subject to prior authorization from the environmental authorities and sanitation;
2 – The physical, chemical, biological and bacteriological criteria that the discharged effluents must meet.
ARTICLE L 62: Orders taken pursuant to this law determine:
1 – The conditions under which spills, flows, discharges, direct or indirect deposits of water or material and more generally any event likely to alter the quality of surface or underground water and groundwater must be regulated or prohibited. the sea within the territorial limits;
2 – The conditions under which must be regulated the sale, distribution of certain products likely to lead to spills which have been the subject of a ban or regulation under the first paragraph above or increase their harmfulness or aggravate their nuisance;
3 – The conditions under which checks are carried out on the physical, chemical, biological or bacteriological characteristics of the receiving waters and discharges, in particular the conditions under which samples are taken and analyzed.
4 – The cases and conditions in which the administration must take all precautionary measures intended automatically to put an end to the disturbance before the intervention of any penal sanction. 5 – The parameters to be considered for the calculation of the pollutant load due to discharges, in order to establish the annual pollution tax.
ARTICLE L 63:
All direct or indirect spills, flows, discharges, deposits of any kind likely to cause or increase the pollution of continental waters and/or sea waters within the territorial limits are prohibited.
ARTICLE L 64:
Without prejudice to the special provisions of the international conventions on the prevention and repression of marine pollution ratified by Senegal, the dumping, immersion and incineration in marine waters under Senegalese jurisdiction of substances of any kind likely to:
– damage public health and biological marine resources;
– interfere with maritime activities, including shipping and fishing;
– to alter the quality of marine waters from the point of view of their use;
– degrade the amenity values and tourist potential of the sea and the coast.
An interministerial decree specifies, as necessary, the list of these substances.
ARTICLE L 65:
The Minister responsible for the environment may authorize the dumping, immersion and incineration at sea of substances not referred to in the list provided for in application of article L 61 under conditions such that these operations do not harm the environment. sailor and its uses.
The Ministers responsible for the environment, the merchant navy, fisheries, health and the interior set the conditions for the implementation of these authorizations, which must be, at the request of the Minister responsible for the environment , preceded by an impact study demonstrating their harmlessness.
ARTICLE L 66:
In the event of damage or accidents occurring in marine waters under Senegalese jurisdiction, to any ship, aircraft, machine or platform transporting or having on board hydrocarbons or harmful or dangerous substances and which may create a serious and imminent for the marine environment and its resources, the owner, operator or captain of the said ship, aircraft, machine or platform must be given formal notice by the competent maritime authorities, in application of the Merchant Navy Code.
When this formal notice has no effect or has not produced the expected effects within the time limit, or automatically in the event of an emergency, the competent authorities called upon must have the necessary measures carried out at the expense of the shipowner, operator or owner and recover the amount of the cost from the latter.
ARTICLE L 67:
The captain or the person in charge of any ship, aircraft, machine, transporting or having on board hydrocarbons or harmful or dangerous substances and being in the maritime waters under Senegalese jurisdiction has the obligation to report by any means to the competent authorities any event at sea which has occurred on board and which is or could be of a nature to constitute a threat to the marine environment and related interests.
ARTICLE L 68:
An order, issued jointly by the Ministers responsible for the environment and the merchant navy, after consultation with the Ministers responsible for the interior, the national navy sets the necessary provisions to prevent and combat any marine pollution from ships and installations located at sea and/or on land.
The provisions of this decree relating to the emergency measures to be taken in the event of accidental pollution of marine waters are incorporated into the National Emergency Response Plan referred to in Article L 56.
ARTICLE L69:
Authorization to occupy the public domain must not hinder free access to public maritime and river domains, nor free movement on the shore, nor be a source of erosion or degradation of the site.
Only light and removable installations are authorized on the public, maritime and river domains, as private occupations.
ARTICLE L 70:
Any violation of the laws and regulations relating to the prevention of water pollution is punished in accordance with the penal provisions in force. Any person guilty of an offence, which harms a natural environment and by the same cause damages the interests of the users of this environment, is civilly liable, under the conditions provided for by law, for the damage thus caused to any other person. physical or moral. Violations are noted by any sworn agent, provided with a card and authorized in matters of water police, under the conditions provided for by the Environmental Code, the Water Code and the Merchant Marine Code. ARTICLE L 71:
The civil liability of the polluter is engaged, in the absence of any fault, when the establishment at the origin of the damage caused is an establishment “at risk”.
The liability defined in this article can only be excluded by providing proof that the pollution and its harmful consequences are solely due to an event having the character of force majeure, to a fault of a third party or of the victim who, by his action or his failure to act, will have contributed to the realization of the damage.
ARTICLE L 72:
In the particular case of pollution damage by hydrocarbons from the cargo of an oil tanker, the owner of this vessel is responsible for repairing the damage caused according to the rules and within the limits of the international conventions to which Senegal has adhered to the matter.
The Captain or the operator of any ship transporting a cargo of more than 2,000 tons of bulk hydrocarbons, transiting in territorial waters or in Senegalese ports, must be able to provide proof of an insurance certificate in accordance with the international convention referred to in the preceding paragraph, or an equivalent financial guarantee, failing which access to Senegalese waters and ports will be refused.
ARTICLE L 73:
The pollution tax is determined according to the degree of pollution, or pollution load. The pollutant load used as the basis for the tax is the average of the results of the samples taken during one or more measurement campaigns.
Analysis laboratories approved by the Ministry responsible for the environment carry out sampling and measurements in accordance with the indications contained in the order of the Minister responsible for the environment. A batch of samples is kept by the laboratory for at least three weeks following the date of notification of the results to the establishment issuing the effluents and to the Department of the Environment and Classified Establishments. Counter-assessments can be made on the samples. All measurement costs are borne by the institution issuing the rejection. The rates of the analysis costs and the methods of payment will be fixed by order of the Minister responsible for the environment.
The annual taxes calculated on the basis of the analysis results are collected by the Minister responsible for the environment. The allocation of taxes follows the procedure provided for in article L 27 d).
ARTICLE L 74:
Is guilty of an offense against the Water Police:
a) any master or operator of a vessel who has caused, either through negligence or recklessness, marine pollution by the accidental discharge of hydrocarbons or mixtures of hydrocarbons, or any other harmful substance;
(b) any person who has violated the rules established by this law to protect the waters and the texts adopted for its application.
ARTICLE L 75:
Violations of the Water Police are repressed in accordance with the criminal legislation in force.
CHAPTER II – Air pollution and unpleasant odors
ARTICLE L 76:
Air pollution or odors which inconvenience populations, compromise public health or safety, harm agricultural production, the conservation of buildings and monuments are subject to the provisions of this law and the regulations adopted for its application. or the character of natural sites and ecosystems.
Within the framework of the application of the relevant international conventions, the State may adopt general prescriptions tending to reinforce the mechanism for combating air pollution.
ARTICLE L 77:
Decrees issued pursuant to this law determine:
– the conditions under which buildings, industrial, artisanal or agricultural commercial establishments, vehicles or other movable objects owned, operated or held by any natural or legal person, are built, operated or used in such a way as to satisfy the provisions of this law ;
– the cases and conditions in which the emission into the atmosphere of toxic, corrosive or radioactive fumes, dust or gases must be prohibited or regulated;
– the conditions under which are regulated and controlled the construction of buildings, the opening of establishments not appearing in the nomenclature of classified installations, the equipment of vehicles, the manufacture of movable objects, the use of combustibles and fuels and, if necessary , the nature of the fuels used;
– the cases and conditions in which all enforcement measures must be taken by the administration intended ex officio to put an end to the disturbance, before the execution of the criminal sentence;
– the deadlines within which these provisions must be met on the date of publication of each regulation.
Special protection zones subject to particular measures must, if necessary, be instituted by order of the Minister responsible for the environment according to the levels of pollution observed and taking into account certain circumstances liable to aggravate the inconveniences.
ARTICLE L 78:
In order to avoid atmospheric pollution, buildings, agricultural, industrial, commercial or craft establishments, vehicles or other movable objects owned, operated or held by any natural or legal person, are built, operated or used in such a way as to meet the technical standards into force or taken pursuant to this Act.
They are all subject to a general obligation to prevent and reduce harmful impacts on the atmosphere.
ARTICLE L 79:
When the persons responsible for polluting emissions into the atmosphere, beyond the standards set by the administration, have not taken steps to comply with the regulations, the Minister responsible for the environment sends them a warning. notice for this purpose.
If this formal notice has no effect or has not produced the expected effects within the time limit or automatically, in the event of an emergency, the Minister responsible for the environment must, after consultation with the Ministry concerned, suspend the operation of the installation or activity in question or have the necessary measures carried out, at the owner’s expense or recover the amount of the cost from the latter.
ARTICLE L 80:
Controls and findings of infringements provided for by this law and by the regulations adopted for its application are carried out by sworn and authorized agents of the services responsible for the protection of the environment bound by professional secrecy under the conditions and under the sanctions provided for by the Penal Code.
CHAPTER III – Soil and subsoil pollution and degradation
ARTICLE L 81:
The protection of the soil, the subsoil and the wealth they contain, as limited resources, renewable or not, against all forms of degradation is ensured by the State and the local authorities.
ARTICLE L 82:
A joint decree, taken by the Ministers concerned, in application of this law, fixes:
– special protection conditions intended to preserve the constituent elements of biological diversity, to combat desertification, erosion, loss of arable land and pollution of the soil and its resources by chemicals, pesticides and fertilizers;
– the list of fertilizers, pesticides and other chemical substances whose use is authorized or favored in agricultural work;
– the quantities authorized and the methods of use so that the substances do not affect the quality of the soil or other receiving environments;
The State and the local authorities have the obligation to protect the soil and the subsoil. They must put in place appropriate monitoring and control arrangements.
ARTICLE L 83:
Are subject to the prior opinion of the Minister of the Environment, the land development and exploitation plan for agricultural, urban, industrial, or other use, as well as the research or exploitation of the resources of the sub-region. – soil likely to harm the environment in the cases provided for by the implementing texts of this law.
CHAPTER IV – Noise pollution
ARTICLE L 84:
Emissions of noise likely to harm human health, constitute an excessive nuisance for the neighborhood or harm the environment are prohibited. The natural or legal persons at the origin of these broadcasts must implement all the necessary measures to suppress them. When the emergency justifies it, the Minister in charge of the environment, in conjunction with the Minister of the Interior and the Ministry of the Armed Forces, must take all executory measures intended ex officio to put an end to the disturbance.
ARTICLE L 85:
A decree determines:
– the permissible sound levels and provide for the measurement systems and means of control;
– the cases and conditions in which noise caused without absolute necessity or due to a lack of precaution is prohibited or regulated;
– the conditions under which buildings, industrial, commercial, artisanal or agricultural establishments, vehicles or other movable objects owned, operated or held by any natural or legal person, must be operated, constructed or used in such a way as to satisfy the provisions of the this law;
– the conditions under which all enforcement measures must be taken by the administration, intended automatically to put an end to the disturbance before the execution of the criminal convictions;
– the deadlines within which the provisions of this law must be satisfied on the date of publication of each regulation adopted for its application.
TITLE IV: SANCTIONS AND MISCELLANEOUS PROVISIONS
CHAPTER I – Penal sanctions
ARTICLE L 86:
A fine of 1,000,000 to 1,500,000 CFA shall be imposed on any person who operates a 1st class installation without the authorization provided for by this law.
In case of recidivism, a prison sentence of two (2) to six (6) months and a fine of 1.5 million to 3 million FCFA or one of these two penalties is imposed.
A fine of 500,000 to 1,000,000 FCFA shall be imposed on any person who operates a 2nd class installation without the authorization provided for by this law.
In case of recidivism, imprisonment of one (1) to three (3) months and a fine of 1,000,000 to 1,500,000 FCFA or one of these two penalties only is pronounced.
ARTICLE L 87:
Any modification that an operator makes to its classified installation without having brought it to the attention of the Minister responsible for the environment is punished by a fine of 500,000 to 1,500,000 FCFA.
ARTICLE L 88:
Any change of operator that is not declared to the Minister in charge of the environment is punishable by a fine of 200,000 to 500,000 FCFA.
ARTICLE L 89:
Any applicant who operates his installation before obtaining the authorization order or the declaration receipt is punished with the same penalties as those provided for in Article L 86.
ARTICLE L 90:
The operator who has not complied with the prescriptions set by the authorization decree, the additional decrees and the special application procedures or the general and special prescriptions attached to the declaration receipt, is punished with a fine of 500,000 to 2,500,000 FCFA.
ARTICLE L 91:
Any owner who violates the standards in force is punished with a fine of 500,000 FCFA to 2,500,000 FCFA for first class installations and 200,000 FCFA to 1,500,000 FCFA for 2nd class installations.
A period of one (1) to three (3) months is granted to him so that he can undertake the restoration of the degraded environment. Failing this, the fine is increased fivefold and the installation closure procedure is initiated by the Minister responsible for the environment in conjunction with the Minister responsible for industry.
ARTICLE L 92:
A fine of 10,000,000 FCFA to 50,000,000 FCFA and a prison sentence of one (1) to five (5) years shall be imposed on any person who illegally imports hazardous toxic waste into Senegalese territory.
ARTICLE L 93:
Any person who has imported, produced , held or/and used contrary to regulations, harmful and dangerous substances.
In the event of recidivism, the maximum amount of the penalties is doubled.
ARTICLE L 94:
Any person who has:
– carried out a project referred to in article L 50 without an impact study;
– carried out a project that does not comply with the criteria, standards and measures set out in the impact study;
– opposes the carrying out of the checks and analyzes provided for in this law.
ARTICLE L 95:
Any person who an installation subject to authorization in breach of the provisions relating to emergency plans.
Any person operating an installation declared as contravention of the provisions relating to emergency plans.
ARTICLE L 96:
Anyone who has thrown, dumped or allowed to flow into waterways, directly or indirectly, any substance whose action or reactions have destroyed fish and all other fishery resources or have harmed their nutrition, reproduction or food value, or that these substances contribute to aggravate the pollution or to cause it is punishable by a fine of 500,000 to 2,000,000 FCFA and imprisonment from six (6) months to two (2) years or one of these 2 penalties only.
ARTICLE L 97:
Any person who has polluted the water sea and inland waters in violation of the corresponding provisions of this law. In the event of recidivism, the maximum amount of the penalties is doubled.
ARTICLE L 98:
Any captain of a ship under the flag of Senegal who is guilty a discharge at sea of hydrocarbons, or other liquid substances harmful to the marine environment, in violation of the provisions of this Code and the regulations adopted for its application, or international conventions relating to the prevention of marine pollution to which Senegal has adhered.
When the offending vessel is a vessel other than a tanker, and with a gross tonnage of less than 400 tons, the penalties provided for in the preceding paragraph will be reduced, without the minimum fine being less than 100,000 FCFA.
In the event of recidivism, the maximum amount of the penalties is doubled.
The owner or the operator of the vessel is jointly and severally liable for the payment of the fines incurred by this Captain.
The provisions of this article also apply to foreign vessels located in the territorial and internal waters of Senegal, as well as to platforms operating on the continental shelf of Senegal. The penalties provided for in this article do not prejudice the right to compensation of public or private communities having suffered damage as a result of pollution.
The penalties provided for in this article do not apply to discharges made by a ship to ensure its own safety or that of other ships, or to save human life, nor to discharges resulting from damage suffered by the ship without no fault can be established against its captain or its crew.
ARTICLE L 99:
Any person who has altered the quality of the air, contravening the corresponding provisions of this law.
In the event of recidivism, the maximum amount of the penalties is doubled.
ARTICLE L 100:
Any person who has polluted, degraded the soil and subsoil in violation of the corresponding provisions of this law.
In the event of recidivism, the maximum amount of the penalties is doubled.
ARTICLE L 101:
A fine of 500,000 F to 2,000,000 FCFA shall be imposed on any person who has operated an installation or used a movable object in violation of the provisions for the fight against noise pollution.
In the event of recidivism, the maximum amount of the penalties is doubled.
ARTICLE L 102:
Implementing decrees specify the categories of sworn agents empowered to record violations of the provisions of each of the titles of this code, as well as the conditions of their authorization.
The finding of offenses is done in accordance with the rules of criminal procedure in force. In the event of flagrante delicto, the judicial police officer may proceed immediately to the arrest of the offender whom he places at the disposal of justice.
Findings are normally made by two officers who sign the offense report; the latter then prevails until registration of forgery on the findings made.
The minutes drawn up by a single agent are authentic until proven otherwise.
The Minister in charge of the environment or his representative, without prejudice to the prerogatives of the other ministerial departments, undertakes legal proceedings for infringement of the provisions of this code, regardless of the service to which the reporting agent belongs.
ARTICLE L 103:
In the event of infringement of the provisions of this code, the Minister in charge of the environment or his representative has the power to compromise.
The transaction procedure is exercised before judgment, according to the rules in force, on the proposal or with the agreement of the competent ministerial department.
In the event of deliberate pollution or non-execution of the transaction within the time limit, the perpetrator of the offense is prosecuted in court.
The settlement procedure is set aside in the event of a repeat offense
The amount of the transaction fine must be between the minimum and the maximum of the fine provided for by law for the type of offense found.
Proceeds from transaction fines are accounted for in accordance with the regulations in force.
The settlement of the transaction extinguishes the public action.
However, the perpetrator of the offense remains liable for compensation for the damage caused by the pollution caused by his fault.
CHAPTER II – Administrative penalties
ARTICLE L 104:
Irrespective of the criminal proceedings that may be brought and when an inspector of classified installations or an expert appointed by the Minister responsible for the environment has observed non-compliance with the conditions imposed on the operator of a classified installation, the competent authority gives formal notice to the latter to meet these conditions within a specified period. If, at the end of the deadline set for the execution, the operator has not complied with this injunction, the competent authority may:
a) Require the operator to deposit in the hands of a public accountant a sum corresponding to the amount of the work to be carried out, which will be returned to the operator as and when the prescribed measures are carried out;
b) Have the prescribed measures carried out automatically, at the expense of the operator;
c) Suspend by decree, after consulting the ministries concerned, the operation of the installation, until the conditions imposed are fulfilled and take the necessary provisional measures.
The sums deposited pursuant to the provisions of a) may be used to pay the expenses incurred by the automatic execution of the measures provided for in b) and c).
ARTICLE L 105:
When a classified installation is operated without having been the subject of the declaration or the authorization required by this law, the Minister in charge of classified installations gives the operator formal notice to regularize his situation within a specified period by filing, depending on the case, a declaration or a request for authorisation. It may, by reasoned decree, suspend the operation of the installation until the filing of the declaration or until the decision relating to the authorization application. If the operator does not comply with the formal notice to regularize his situation or if his application for authorization is rejected, the competent authority may, if necessary, order the closure or suspension of the installation. If the operator has not complied within the set deadline,
The competent authority may have an agent of the public force affix seals to an installation which is kept in operation either in breach of a removal or closure measure, or in spite of a denial of permission.
ARTICLE L 106:
For the duration of the suspension of operation pronounced pursuant to article L 104 or article L 105 above, the operator is required to ensure that its personnel pay salaries, allowances and remuneration of any kind. to which he was entitled until then. However, the operator may present his observations.
CHAPTER III – Miscellaneous provisions
ARTICLE L 107:
Local authorities and associations for the defense of the environment, when they are approved by the State in the field of the protection of nature and the environment, may bring appeals before the competent courts according to the administrative procedure or common law procedure.
They may also exercise the rights recognized as civil parties with regard to facts constituting an offense covered by this law and causing direct or indirect damage to the collective interests which they are intended to defend.
Associations for the defense of the environment may be recognized as being of public utility under the conditions set by decree.
Associations wishing to benefit from the recognition of public utility make a written request addressed to the Minister in charge of the environment who must give a favorable opinion, before transmitting it to the competent authority.
ARTICLE L 108:
The administration in charge of environmental management has full power to compromise subject to the provisions of article L 103.
The transaction request is submitted to the Minister responsible for the environment who, in the event of acceptance, sets the amount thereof in conjunction with the Minister responsible for Finance.
ARTICLE L 109:
All provisions contrary to this code, in particular law n°83-05 of January 28, 1983 relating to the Environmental Code, are repealed.
ARTICLE L 110:
This Act shall be enforced as state law.
APPENDIX 1: LIST OF PROJECTS AND PROGRAMS FOR WHICH AN IN-DEPTH ENVIRONMENTAL IMPACT ASSESSMENT IS MANDATORY
1. Projects and programs likely to cause significant changes in the exploitation of renewable resources;
2. Projects and programs that profoundly change the practices used in agriculture and fishing;
3. Exploitation of water resources;
4. Infrastructure works;
5. Industrial activities;
6. Extractive and mining industries;
7. The production or extension of hydroelectric and thermal energy;
8. Waste management and disposal;
9. The manufacture, transport, storage and use of pesticides or other dangerous and/or toxic materials;
10. Hospital and educational facilities (large scale);
11. New constructions or significant improvements to the road network or rural tracks;
12. Projects undertaken in ecologically very fragile areas and protected areas;
13. Projects that are likely to have harmful effects on endangered species of fauna and flora or their critical habitats or to have harmful consequences for biological diversity;
14. Population transfer (displacement and resettlement);
LIST OF PROJECTS AND PROGRAMS THAT REQUIRE AN INITIAL ENVIRONMENTAL ANALYSIS
1. Small and medium agro-industrial enterprises;
2. Rehabilitation or modification of existing small-scale industrial facilities;
3. Electric transmission lines;
4. Small scale irrigation and drainage;
5. Renewable energies (other than hydroelectric dams);
6. Rural electrification;
7. Residential and commercial projects;
8. Rehabilitation or maintenance of the road network or rural tracks;
9. Tourism;
10. Rural and urban water supply and sanitation;
11. Recycling plants and household waste disposal units;
12. Surface water irrigation projects ranging from 100 to 500 hectares, and groundwater irrigation projects ranging from 200 to 1,000 hectares;
13. Intensive breeding of cattle (more than 50 heads), poultry farming (more than 500 heads);
14. Extraction and processing of non-metallic minerals or energy producers and extraction of aggregates (marble, sand, gravel, shales, salt, potash and phosphate);
15. Protected areas and conservation of biological diversity;
16. Energy efficiency and energy conservation.
