By Samuel ALESU-DORDZI
Article 36(5) of the 1992 Constitution imposes an obligation on the Ghanaian state to take “appropriate measures needed to protect and safeguard the national environment for posterity”.
The constitution further recognises the need for collaborations to protect the wider “international environment for mankind”.
In more ways than one, the Environmental Protection Act, 2025 (Act 1124) seeks to achieve this aim by incorporating a number of international conventions into domestic law and also developing domestic rules with the ultimate aim of protecting and preserving the environment.
The Environmental Protection Act, 2025 (Act 1124) attempts this by restating and consolidating the laws related to the protection and safeguarding of the environment.
The present legislation repeals the Environmental Protection Agency Act, 1994 (Act 490) and the Hazardous and Electronic Waste Control and Management Act, 2016 (Act 917).
In addition to Act 1124 restating and consolidating the existing legislation on the environment, the Act elevates the status of the Environmental Protection Agency to one of an authority with the mandate to regulate, protect, coordinate, and exercise general oversight over all matters relating to the climate change and the environment.
This marks a significant shift and enhancement in the powers of the main entity of the state responsible for protecting and safeguarding the environment.
Some of its key mandates include ensuring environmental quality standards and monitoring, promoting research and disseminating information, serving as the serving as a central coordinating hub, and advocating for the integration of environmentally sound practices in national development planning.
It is important to note that the Act does not define what constitutes the “environment”, but this can be taken for granted to cover the air, water, land, plant, animals, and their eco-system.
Owing to this wide-ranging scope of the environment, the Act at various points relies on a host of entities to coordinate its activities.
These entities include the Ministries responsible for environment, trade, information, local government, finance, minerals commission, water research institute, energy commission, and the Ghana Revenue Authority.
The mix of these entities reflects the multifaced nature of environmental issues, and the need to resort to a mixture of trade, and tax measures to achieve a particular outcome.
The Act also provides a detailed framework for the regulation and use of pesticides and hazardous waste, and electrical and electronic waste.
The regulatory function of the Authority includes the issuance of environmental permits, licences, certifying environmental management practitioners, and service providers. In a significant shift, the Act makes provision for climate change adaptations and considerations.
Tool Kits at the Disposal of the Environmental Protection Authority
The Environmental Protection Act provides a number of toolkit to ensure compliance and protect the environment.
These tool kits include: (a) environmental assessment previously referred to as “environmental impact assessment” (where an entity may be required to undertake environmental assessment on activities that has or are likely to have an adverse effect on the environment); (b) certification of environmental management practitioners to provide environmental management services; (c) environmental monitoring to ensure compliance with relevant enactments, standards developed by the Authority, commitments in the environment assessment; and conditions in the environmental permit; (d) environmental inspection and audit to ensure compliance with environmental requirements, permit conditions and commitments, and the effectiveness of environmental management systems; (e) environmental performance and public disclosure system to rate environmental compliance standards; and (f) request for information in deserving situations and circumstances.
At the apex of the tool kits at the disposal of the Authority is its enforcement powers. Under the Act, an enforcement action may be triggered as a result of non-compliance with an environmental permit, a pollution abatement notice, various licences and permits issued under the Act. The Act relies on a mix of administrative penalties, fines, and convictions to ensure compliance with its terms.
Waste under the Spotlight
Substantial portions of the Act focus on the management of hazardous and electronic waste. Hazardous wastes includes: (a) clinical waste from medical care in hospitals, medical centres, and clinics,; (b) waste from the production and preparation of pharmaceuticals; (c) waste from oil/water, hydrocarbons/water mixture; (d) waste collected from households; (e) residue arising from the incineration of household waste; (f) metals and metal-bearing waste (including antimony, arsenic, beryllium, cadmium, lead, mercury, selenium) and other waste spelt out under the sixth schedule.
As a general principle, the Act prohibits any form of dealing (including the sale and purchase) in hazardous and other wastes.
As a result, it is prohibited to import and export hazardous waste and other wastes into and out of the country. Similarly, the deposit of hazardous waste on land and in the territorial waters of the country are prohibited.
In addition to hazardous waste, the Act also covers electrical and electronic waste. These wastes comprise “discarded electrical or electronic equipment or devices including all sub-assemblies, subcomponents and consumables which are part of the equipment or device at the time the equipment or device is discarded”.
Just as is the case with hazardous waste, the Act does not impose a complete ban on their use and importation but rather imposes conditions under which they can be imported and exported.
In addition to hazardous and electronic waste, deserving attention is paid to pesticides. This is important as pesticides is a major contributor to land based pollution, and run-offs from the earth surface find themselves in waterbodies – further exacerbating the situation.
Climate change
The Act’s attempt at mainstreaming climate change responses into the environmental protection framework is one of the new incorporations.
The Authority is designed to achieve this aim by supporting policies that enhance resilience of human and ecological systems to the impact of climate change.
The Act establishes a Ghana Carbon Registry and carbon market committee in a bid to not only tap into the carbon markets but also to undertake mitigation activities and projects in line with the Paris Agreement.
Weaknesses
The legislation is by no means perfect. Its primary weakness is that it operates more as a framework agreement rather than a detailed legislation. Some of its terms are vague, and often leaves much detail to be sorted out at a later time.
For instance, the authority has the mandate to promote and implement new technologies and approaches such as the extended producer responsibility (which makes the producer of waste ultimately responsible for their disposal) and the circular economy.
There is very little urgency within the language of the text regarding the timelines for the implementation of the extended producer responsible concept, and the specifics of how such implementation will take place. The same weaknesses apply in the context of the provisions on climate change.
The provisions (on climate change) provide some general guidance and frameworks and little by way of specifics. Quite apart from that, the Act (in relation to climate change) focuses almost exclusively on what the authority is to do, with very little attention given to other actors and stakeholders in the fight against climate change.
Samuel is a Partner AuderyGray
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AudreyGrey is a Ghana-based legal, tax, and professional services firm offering corporate law, tax advisory, compliance, company secretarial, regulatory compliance, and strategic advisory services to local and international corporations entering Ghana. The firm comprises chartered accountants and lawyers dedicated to providing specialist services, enabling clients to focus on their core business. Our expertise spans corporate and commercial law, taxation, labour, maritime and environmental law, immigration, compliance, and insolvency law, as well as related accounting and finance functions.
