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
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The Environmental Protection Authority (hereinafter referred to as the
"Authority") is hereby established as an autonomous public institution
of the Federal Government.
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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:
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to prepare environmental protection policy and laws; and, upon approval,
follow up their implementation;
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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;
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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;
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to carry out studies required to combat desertification and, in cooperation
with the concerned organs, create favorable conditions for their implementation;
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to make recommendations on the application of diverse encouragement and
regulatory measures for the better protection of the environment;
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to provide instruction required to enhance awareness of the need for environmental
protection;
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to follow up the implementation of international treaties on environmental
protection to which the country is a party;
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to render advice and technical support to Regions on environmental protection;
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to own property, enter into contracts and sue and be sued in its own name;
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to carry out such other activities as are necessary for the fulfillment
of its objective.
7. Organization of the Authority
The Authority shall have:
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an Environmental Protection Council (hereinafter the "Council");
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a General Manager and Deputy General Manager appointed by the Government;
and
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The necessary staff.
8. Members of the Council
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an official to be designated by the Government ……. Chairman
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the Minister of Agriculture …………………. Member
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the Minister of Trade and Industry ……………….. "
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the Minister of Health ……………………. "
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the Minister of Mines and Energy ……………… "
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the Commissioner of the Science and Technology Commission "
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the Minister of Water Resources …………………… "
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the General Manager of the Authority ……………. "
9. Meetings of the Council
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The Council shall hold a regular meeting once every six months; however,
it may at any time hold an extraordinary meeting, whenever found necessary.
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There shall be a quorum where the majority of the members of the Council
are present at its meetings.
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Decisions of the Council shall be passed by a majority vote; in case of
a tie the Chairman shall have a casting vote.
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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:
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deliberate upon policy matters concerning environmental protection and
submit its recommendations thereon;
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evaluate and approve directives and standards issued by the Authority.
11. Powers and Duties of the General Manager
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The General Manager shall be the chief executive of the Authority and,
as such, shall direct and administer the activities of the Authority.
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Without limiting the generality stated in sub-Article (1) of this Article,
the General Manager shall:
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exercise the powers and duties of the Authority specified in Article 6
of this Proclamation;
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employ and administer employees of the Authority in accordance with the
federal civil service laws;
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prepare the annual work programme and budget of the Authority and implement
same upon approval;
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effect expenditure in accordance with the approved budget and work programme
of the Authority;
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represent the Authority in all its dealings with third parties;
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submit reports on the activities of the Authority.
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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
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The Authority shall keep complete and accurate books of accounts.
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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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