Authored By: Edwongu Lekos Odidi
Uganda Christian University, Mukono
ABSTRACT
Environmental and Social Impact Assessments have been implemented in Uganda to negate drastic consequences by projects on the environment and natural resources. The current legal framework of environmental legislation has been developed in the circumstances brought about by such projects. These policy developments have been relied on to study the positive and negative impacts a project may cause. The negative results allow mitigated measures to be enacted or projects to be stopped all together.
This article serves as an in-depth analysis of the application and enforcement of Environmental Impact Assessments in the current legal framework environmental legislation. The consequences of failed Environmental Impact Assessments in the manner prescribed by law are also put into perspective from foreign countries. The successful study must always takeplace without fail so as to adhere to the current legal framework of environmental legislation.
INTRODUCTION
In Advocates Coalition for Development and Environment vs. Attorney General[1], the Court found that the permit granted to deprive the local community in Butamira of the forest reserve without a proper Environmental and Social Impact Assessment was null and void[2]. Environmental and Social Impact Assessments are relied on in environmental management to guide the policy maker and stakeholders in policy development with regard to the national environmental laws[3]. It is expected to be relied upon when consulting stakeholders and conducting a proper study[4].
An Environmental and Social Impact Assessment is a study conducted to determine the possible negative and positive impacts a project can have on the environment[5]. Before commencing a project, the possible outcome must be studied so as to determine ways of avoiding negative impacts or relying on mitigation measures[6]. The proper procedure must be followed as established by law to put in place a project without negative impact on the environment[7].
The article argues that the current framework of environmental legislation is substantially guided by Environmental Impact Assessments[8]. They are based on an analysis of Uganda’s history and the comparative experiences of other countries[9]. The Article proceeds as follows. Section I sets out the existing legal framework. Section II analyses case law dealing with reliance on Environmental Impact Assessments. Section III examines the how selected jurisdictions have responded to Environmental Impact Assessment. Section IV proposes a framework for reform in the Ugandan context.
THE EXISTING LEGAL FRAMEWORK
The laws enacted in Uganda to put Environmental Impact Assessment into effect are clear, concise and correct.
The National Environment Act, 2019, Cap. 181 (Uganda)
An environment and social assessment refer to a procedure that ensures that the environmental and social impacts, risks or other concerns of a given project are taken into account in approving a project for implementation[10].
An environment and social impact assessment refer to an analytical process that systematically examines the likely environmental and social impacts of a proposed project, evaluates alternatives and designs appropriate mitigation, management and monitoring measures, taking into account interrelated socio-economic, cultural and human health impacts, both beneficial and adverse[11].
An environmental risk assessment is defined as a systematic process for identifying and estimating the likelihood or probability of an adverse or hazardous outcome or event and its consequence on human health or the environment[12].
A project brief means a summary statement of the likely environmental impacts of a proposed project[13].
Sustainable development means development that meets the needs of the present generation without compromising the ability of future generations to meet their own needs[14].
It is suggested that the Constitution and principles of sustainable development establish a right to a clean and healthy environment in Uganda[15].
It is submitted that the duty to create, maintain and enhance the environment by preventing pollution is placed upon every person[16].
It is stated that a civil suit may be filed against a person who is responsible for violating the right to a clean and healthy environment [17].
Even though a person cannot prove a violation in the circumstances, a civil suit may be filed[18].
It is submitted that the court must fulfil the required remedies in the circumstances in case of a civil suit[19].
The right of nature to exist, persist, maintain and regenerate the vital cycles, structure, functions and its processes in evolution is established[20].
It is established that the infringement of rights of nature brings about a right of action before a competent court[21].
If activities that can lead to the extinction of species, the destruction of the ecosystems or the permanent alteration of the natural cycles, the government is mandated to apply precaution and restriction measures[22].
It is submitted that the conservation of areas for which rights of nature apply must be prescribed by the Minister[23].
It is established that the observation of the principles of environment management must be ensured by the National Environment Management Authority[24]. The finite nature of non-renewable resources and the productivity of the available renewable resources may be taken into account[25].
It is suggested that the principles of environment management require prior environmental and social impact assessments of proposed projects[26]. These proposed projects may significantly affect the environment or use of natural resources[27].
The evaluation of environmental and social impacts, risks or other concerns of a given project or activity must be undertaken through environmental and social impact assessments[28]. This is only possible when taking into account the environmental principles set out[29].
The National Environment Management Authority must categorise projects and activities accordingly[30].
The developer of a project must undertake an environmental and social impact assessment by way of a project brief[31]. This project should be set out in Schedule 4 of the Act[32].
It is submitted that the National Environment Management Authority requires a developer to undertake an environmental risk assessment[33]. This is part of the process of environmental and social impact assessment[34].
The lead agency and National Environmental Management Authority should measure, evaluate and track the various circumstances that negatively impact the environment[35].
The developer must mitigate any negative impact on the environment by monitoring the project and its environmental phenomena[36].
It is suggested that the developer or operator must monitor a project against the measurable actions and targets[37]. This is an environmental management and monitoring plan may be required as part of an environmental impact statement[38].
It is submitted that the offences relating to environmental and social impact assessments and environmental risk assessments are dealt with in all capacities[39].
The National Environment (Environmental and Social Assessment) Regulations, 2020 No. 143 (Uganda)
An environmental and social assessment is defined[40].
The meaning of an environmental and social impact assessment is defined[41].
An environmental and social impact statement is defined as a detailed document, prepared after undertaking an environmental and social impact study, describing the potential environmental, health and socio-economic impacts of a proposed activity or project[42].
An environmental and social impact study refer to as a study conducted to determine the possible environmental and associated health and socio-economic impacts of a proposed project, to assess the potential alternative options and proposed mitigation measures[43].
An environmental risk assessment is defined[44].
A project brief is also defined[45].
It is suggested that project brief is required to be undertaken[46].
It is stipulated that an environmental and social impact study should be undertaken[47].
It is submitted that an environmental risk assessment must be carried out[48].
The projects to be located in or near environmentally sensitive areas are dealt with[49].
It is observed that similar projects either undertaken together or in the same landscape should undergo a study[50].
It is submitted that either the re-development or expansion of an existing project requires a study to be conducted[51].
The National Environment (Wetlands, Riverbanks and Lakeshores Management) Regulations, Statutory Instrument 153-5 (Uganda)
It is submitted that the government or a local government holds riverbanks and lakeshores in trust for the people and protects them for the common good of citizens of Uganda[52].
It is stated that the objective for management of riverbanks and lakeshores is enhancing research and research-related activities[53].
It is observed that the management and conservation of riverbanks and lakeshores requires an environmental impact assessment for all major activities[54].
It is established that the recommendation of the appropriate local environmental committee will prompt each local government to make byelaws for identifying and conservation of riverbanks and lakeshores[55].
It is suggested that environmental impact assessment must be carried out by a developer desiring to conduct a project that will have a significant impact on a wetland, riverbank or lakeshore[56].
It is submitted that the developer must carry out annual audits and monitoring on activities and submit reports to the executive director and the lead agency[57]. This should be done only in accordance with compliance to the register of degraded riverbanks and lakeshores and application for a permit to use the same[58].
The 1995 Constitution of the Republic of Uganda as amended
It is observed that the State must protect the environment by promoting sustainable development and public awareness[59], manage the utilization of natural resources[60], promote and implement energy policies[61]. It also promotes the rational use of natural resources to safeguard and protect the biodiversity of Uganda[62].
The right to a clean and healthy environment is stipulated[63].
It is suggested that the enforcement of claims of infringed or threatened right to a clean and healthy environment is guaranteed by applying to a competent court for redress[64].
It is stated that the Parliament must make laws for enforcement the right to a clean and healthy environment[65].
It is suggested that the duty of government or local government determined by Parliament to hold natural resources in trust for the people and protect them is pivotal in the circumstances[66]. Land is also further reserved for ecological and touristic purposes for the common good of all citizens[67].
It is submitted that the protection and preservation of the environment from abuse, pollution and degradation[68], management for sustainable development[69] and promotion of environmental awareness[70] are established by Parliament[71].
The Judicature (Fundamental and Other Human Rights and Freedoms) (Enforcement Procedure) Rules, 2019. S.I. 31 of 2019 (Uganda)
It is submitted that the right to institute court action is promoted upon violation or threat to violate the right to a clean and healthy environment[72].
The court may grant relief to the aggrieved party in the circumstances[73].
The Land Act, 1998, Cap. 236 (Uganda)
In accordance with established laws such as the National Environment Act[74], the owner or occupier of land must manage and utilize the land[75].
It is observed that the control of environmentally sensitive areas is considered for the grant of Environmental Impact Assessments[76].
The Judicature Act, 1996, Cap. 16 (Uganda)
It is observed that the discretion applied by court in granting the most appropriate remedy is established[77].
The Civil Procedure Act, Cap. 282 (Uganda)
It is submitted that the mandate to institute a suit is laid down in the manner prescribed by the rules[78].
It is stipulated that the inherent power of court to make orders necessary for the ends of justice or prevent abuse of the court process is set down[79].
The Rio Declaration on Environment and Development, The United Nations Conference on Environment and Development (Rio de Janeiro, 3-14 June 1992)
It is submitted that human Beings are entitled to healthy and productive life in harmony with nature through sustainable development[80].
Environmental Impact Assessment is a national instrument mandated to be undertaken for proposed activities likely to have a significant adverse impact on the environment[81]. They are subject to a decision of a competent national authority[82].
It is established that the protection of people whose environment and natural resources are oppressed, dominated or occupied is mandated[83].
It is suggested that the interdependence and indivisibility of peace, development and environmental protection is established[84].
CASE LAW ANALYSIS
Advocates Coalition for Development and Environment vs. Attorney General, High Court of Uganda[85]
Facts;
Kakira Sugar Works was granted a licence to grow sugarcane in a forest reserve without an Environmental Impact Assessment[86]. There was no project brief either[87].
Holding;
“Butamira is a natural conservation area. The law is clear that all the above activities would not be carried out without Environmental Impact Assessment. Butamira saga is more delicate because it involves the interest of the local community whereby even common sense should have demanded that an Environmental Impact Assessment study be carried out to determine social, political, cultural and economic impact of the project. If it is true that land in Uganda belongs to the people as provided in the laws, it should be equally true that the local community in Butamira should have been consulted as a matter of transparency, accountability and good governance as demanded by the public trust doctrine…”[88]
Legal Principle;
The law requires a project brief, an environmental impact assessment and an environmental risk assessment before a developer commences a project[89].
Relevance;
The principles of environment management must be adhered to in order to achieve the right to a clean and healthy environment[90].
National Association of Professional Environmentalists vs. AES Nile Power Limited, High Court of Uganda[91]
Facts;
The applicant sought intervention because no approval of the environmental aspects of the study was brought in evidence to satisfy the requirements of the law[92].
Holding;
The court declared that approval of the Environmental Impact Assessment by the National Environment Management Authority is required under the then National Environment Act[93].
Legal Principle;
The Environmental Impact Assessment must be approved by the lead agency and the National Environment Management Authority[94].
Relevance;
An Environmental Impact Assessment must conform to the law[95].
COMPARATIVE PERSPECTIVES
United States of America
It is submitted that a new approach was added to an Environmental Impact Assessment to meet the public interest[96]. It was an interstate approach[97].This is conducted by the source state which gathers information and public views from the affected state and its citizens[98]. An interstate environmental impact assessment is expected to correct the lack of information and public accountability biases at the state level that produce interstate environmental harms[99]. It is a new solution in itself and an improvement to the existing legal regime[100].
Similarly, if this approach is relied on among the districts in Uganda while conducting the study, the interest of the public would not be defeated. In Advocates Coalition for Development and Environment vs. Attorney General[101], the environmental impact assessment of the Butamira Forest Reserve would have met the interest of the public had it taken place[102].
European Union
It is submitted that the authorities of Member States perceive public participation while conducting environmental impact assessment as procedural rather than substantial[103]. Substantial evidence cannot influence the final outcomes[104].
In Uganda, substantive laws which govern the rights and obligations are relied upon to determine a reasonable person’s point of view. In National Association of Professional Environmentalists vs. AES Nile Power Limited, High Court of Uganda[105], failure to attain approval to conduct a study was satisfied by evidence[106].
CRITICAL EVALUATION
The legal position of this article encompasses how the rights and obligations of individuals are protected by Environmental Impact Assessments. This is derived from the substantial point of view of the current framework of environmental legislation. Each circumstance culminates from principles of environmental management[107], the National Environment Management Authority’s mandate[108], offences related[109] or public interest.
The principles of environmental management are likely to face disparity or inequalities in development of the current framework of environmental legislation. The discrepancies in the circumstances should be resolved by the appropriate remedies and court’s discretion. The redundancy in implementing the principles takes root in unfairness and inequity in each circumstance which negatively affects policy development. These failings must be resolved carefully and enforced effectively and efficiently.
The National Environment Management Authority protects against breach of the current framework of environmental legislation. The contradictions and incompatibilities of failing to comply with the mandate this Authority makes court intervention inevitable. This brings about reliable and controlled activities involving the environment or natural resources. The weaknesses and ineptitude of allowing these activities should be mitigated or eliminated so as to avoid drastic consequences upon the environment and natural resources.
The offences related to the circumstances are acts or omissions that bring about shortfalls in current environmental legislation. The resultant conflicts in regard to environmental and social impact assessments and environmental risk assessments result in convictions to a fine or imprisonment when one is liable. The unjust acts or omission in the circumstances denies the public enjoyment of an inherent right in Chapter Four of the Constitution of Uganda. The shortcomings caused are only compensated when sufficient evidence is proved in the circumstances.
The current framework of environmental legislation has become deficient in effecting activities which are in the interest of the public. Certain anomalies and irregularities resulting from such abuse or neglect unsettles the public’s right to a clean and healthy environment. The infringement or threatened infringement of this right disregards the interest of the public by undermining the pros of conducting the study. These insufficiencies must be dispensed with to improve the community’s wellbeing.
CONCLUSION
Ultimately, the rights and obligations involved influence the adoption of Environmental Impact Assessments in the circumstances to develop the current framework of environmental legislation.
This influence lays a lasting foundation to protect the environment and natural resources without causing any major concerns.
REFERENCES AND BIBLIOGRAPHY
Textbooks
Kenneth Kakuru and Irene Ssekyana. (2009). Casebook on Environmental Law. Volume 1
Kenneth Kakuru and Irene Ssekyana. (2009). Handbook on Environmental Law in Uganda. Volume 1. Second Edition
List of Cases
Advocates Coalition for Development and Environment vs. Attorney General, High Court of Uganda, Miscellaneous Cause No. 0100 of 2004
National Association of Professional Environmentalists vs. AES Nile Power Limited, High Court of Uganda, Miscellaneous Cause No. 268 of 1999
Legislation
The National Environment Act, 2019, Cap. 181 (Uganda)
The National Environment (Environmental and Social Assessment) Regulations, 2020 No. 143 (Uganda)
The National Environment (Wetlands, Riverbanks and Lakeshores Management) Regulations, Statutory Instrument 153-5 (Uganda)
The Land Act, 1998, Cap. 236 (Uganda)
The 1995 Constitution of the Republic of Uganda as amended
The Judicature (Fundamental and Other Human Rights and Freedoms) (Enforcement Procedure) Rules, 2019. Statutory Instrument 31 of 2019 (Uganda)
The Judicature Act, 1996, Cap. 16 (Uganda)
The Civil Procedure Act, Cap. 282 (Uganda)
The Civil Procedure Rules S.I. 71-1 (Uganda)
The Civil Procedure (Amendment) Rules, 2019 No. 33 (Uganda)
The Rio Declaration on Environment and Development, The United Nations Conference on Environment and Development. (Rio de Janeiro, 3-14 June 1992).
Secondary Sources:
Noah D. Hall. [2008]. Political Externalities, Federalism, and a Proposal for an Interstate Environmental Impact Assessment Policy. Havard Environmental Law Review. Vol. 32.
Massimiliano Montini. [2012]. Towards a New Instrument for Promoting Sustainability Beyond the EIA and the SEA: Holistic Impact Assessment (HIA). [Venice International University Papers 10.13].
[1] Advocates Coalition for Development and Environment vs. Attorney General, High Court of Uganda, Miscellaneous Cause No. 0100 of 2004: Kenneth Kakuru and Irene Ssekyana, (2009). Casebook on Environmental Law. Volume 1, page 1 – 11.
[2] Advocates Coalition for Development and Environment vs. Attorney General, High Court of Uganda, Miscellaneous Cause No. 0100 of 2004: Kenneth Kakuru and Irene Ssekyana, (2009). Casebook on Environmental Law. Volume 1, page 10 – 11.
[3] Kenneth Kakuru and Irene Ssekyana. (2009). Handbook on Environmental Law in Uganda. Volume 1, Second Edition, page 29.
[4] Advocates Coalition for Development and Environment vs. Attorney General, High Court of Uganda, Miscellaneous Cause No. 0100 of 2004: Kenneth Kakuru and Irene Ssekyana, (2009). Casebook on Environmental Law. Volume 1, page 10 – 11.
[5] Kenneth Kakuru and Irene Ssekyana, (2009). Handbook on Environmental Law in Uganda. Volume 1, Second Edition, page 32.
[6] Kenneth Kakuru and Irene Ssekyana, (2009). Handbook on Environmental Law in Uganda. Volume 1, Second Edition, page 32.
[7] Advocates Coalition for Development and Environment vs. Attorney General, High Court of Uganda, Miscellaneous Cause No. 0100 of 2004: Kenneth Kakuru and Irene Ssekyana, (2009). Casebook on Environmental Law. Volume 1, page 11.
[8] Kenneth Kakuru and Irene Ssekyana, (2009). Handbook on Environmental Law in Uganda. Volume 1, Second Edition, page 29.
[9] Kenneth Kakuru and Irene Ssekyana, (2009). Handbook on Environmental Law in Uganda. Volume 1, Second Edition, page 29.
[10] The National Environment Act, 2019, Cap. 181. (Uganda). Section 2.
[11] The National Environment Act, 2019, Cap. 181. (Uganda). Section 2.
[12] The National Environment Act, 2019, Cap. 181. (Uganda). Section 2.
[13] The National Environment Act, 2019, Cap. 181. (Uganda). Section 2.
[14] The National Environment Act, 2019, Cap. 181. (Uganda). Section 2.
[15] The National Environment Act, 2019, Cap. 181. (Uganda). Section 3 (1).
[16] The National Environment Act, 2019, Cap. 181. (Uganda). Section 3 (2).
[17] The National Environment Act, 2019, Cap. 181. (Uganda). Section 3 (3).
[18] The National Environment Act, 2019, Cap. 181. (Uganda). Section 3 (4).
[19] The National Environment Act, 2019, Cap. 181. (Uganda). Section 3 (5).
[20] The National Environment Act, 2019, Cap. 181. (Uganda). Section 4 (1).
[21] The National Environment Act, 2019, Cap. 181. (Uganda). Section 4 (2).
[22] The National Environment Act, 2019, Cap. 181. (Uganda). Section 4 (3).
[23] The National Environment Act, 2019, Cap. 181. (Uganda). Section 4 (4).
[24] The National Environment Act, 2019, Cap. 181. (Uganda). Section 5 (1).
[25] The National Environment Act, 2019, Cap. 181. (Uganda). Section 5 (1).
[26] The National Environment Act, 2019, Cap. 181. (Uganda). Section 5 (2).
[27] The National Environment Act, 2019, Cap. 181. (Uganda). Section 5 (2).
[28] The National Environment Act, 2019, Cap. 181. (Uganda). Section 110 (1).
[29] The National Environment Act, 2019, Cap. 181. (Uganda). Section 110 (1).
[30] The National Environment Act, 2019, Cap. 181. (Uganda). Section 110 (2).
[31] The National Environment Act, 2019, Cap. 181. (Uganda). Section 111 (1).
[32] The National Environment Act, 2019, Cap. 181. (Uganda). Section 111 (1).
[33] The National Environment Act, 2019, Cap. 181. (Uganda). Section 114 (1).
[34] The National Environment Act, 2019, Cap. 181. (Uganda). Section 114 (1).
[35] The National Environment Act, 2019, Cap. 181. (Uganda). Section 122 (1).
[36] The National Environment Act, 2019, Cap. 181. (Uganda). Section 122 (2).
[37] The National Environment Act, 2019, Cap. 181. (Uganda). Section 122 (3).
[38] The National Environment Act, 2019, Cap. 181. (Uganda). Section 122 (3).
[39] The National Environment Act, 2019, Cap. 181. (Uganda). Section 157.
[40] The National Environment (Environmental and Social Assessment) Regulations, 2020 No. 143 (Uganda). Regulation 2.
[41] The National Environment (Environmental and Social Assessment) Regulations, 2020 No. 143 (Uganda). Regulation 2.
[42] The National Environment (Environmental and Social Assessment) Regulations, 2020 No. 143 (Uganda). Regulation 2.
[43] The National Environment (Environmental and Social Assessment) Regulations, 2020 No. 143 (Uganda). Regulation 2.
[44] The National Environment (Environmental and Social Assessment) Regulations, 2020 No. 143 (Uganda). Regulation 2.
[45] The National Environment (Environmental and Social Assessment) Regulations, 2020 No. 143 (Uganda). Regulation 2.
[46] The National Environment (Environmental and Social Assessment) Regulations, 2020 No. 143 (Uganda). Regulation 3 (a) (i).
[47] The National Environment (Environmental and Social Assessment) Regulations, 2020 No. 143 (Uganda). Regulation 3 (a) (ii).
[48] The National Environment (Environmental and Social Assessment) Regulations, 2020 No. 143 (Uganda). Regulation 3 (a) (iii).
[49] The National Environment (Environmental and Social Assessment) Regulations, 2020 No. 143 (Uganda). Regulation 3 (b).
[50] The National Environment (Environmental and Social Assessment) Regulations, 2020 No. 143 (Uganda). Regulation 3 (c).
[51] The National Environment (Environmental and Social Assessment) Regulations, 2020 No. 143 (Uganda). Regulation 3 (d).
[52] The National Environment (Wetlands, Riverbanks and Lakeshores Management) Regulations, Statutory Instrument 153-5 (Uganda). Regulation 18 (2).
[53] The National Environment (Wetlands, Riverbanks and Lakeshores Management) Regulations, Statutory Instrument 153-5 (Uganda). Regulation 19 (e).
[54] The National Environment (Wetlands, Riverbanks and Lakeshores Management) Regulations, Statutory Instrument 153-5 (Uganda). Regulation 20 (b).
[55] The National Environment (Wetlands, Riverbanks and Lakeshores Management) Regulations, Statutory Instrument 153-5 (Uganda). Regulation 21 (a) and (b).
[56] The National Environment (Wetlands, Riverbanks and Lakeshores Management) Regulations, S.I. 153-5 (Uganda). Regulation 34 (1).
[57] The National Environment (Wetlands, Riverbanks and Lakeshores Management) Regulations, S.I. 153-5 (Uganda). Regulation 34 (2).
[58] The National Environment (Wetlands, Riverbanks and Lakeshores Management) Regulations, S.I. 153-5 (Uganda). Regulation 34 (2).
[59] The 1995 Constitution of the Republic of Uganda as amended. National Objective and Directive Principle of State Policy XXVII (i).
[60] The 1995 Constitution of the Republic of Uganda as amended. National Objective and Directive Principle of State Policy XXVII (ii).
[61] The 1995 Constitution of the Republic of Uganda as amended. National Objective and Directive Principle of State Policy XXVII (iii).
[62] The 1995 Constitution of the Republic of Uganda as amended. National Objective and Directive Principle of State Policy XXVII (iv) (b).
[63] The 1995 Constitution of the Republic of Uganda as amended. Article 39.
[64] The 1995 Constitution of the Republic of Uganda as amended. Article 50 (1).
[65] The 1995 Constitution of the Republic of Uganda as amended. Article 50 (4).
[66] The 1995 Constitution of the Republic of Uganda as amended. Article 237 (2) (b).
[67] The 1995 Constitution of the Republic of Uganda as amended. Article 237 (2) (b).
[68] The 1995 Constitution of the Republic of Uganda as amended. Article 245 (a).
[69] The 1995 Constitution of the Republic of Uganda as amended. Article 245 (b).
[70] The 1995 Constitution of the Republic of Uganda as amended. Article 245 (c).
[71] The 1995 Constitution of the Republic of Uganda as amended. Article 245.
[72] The Judicature (Fundamental and Other Human Rights and Freedoms) (Enforcement Procedure) Rules, 2019. Statutory Instrument 31 of 2019 (Uganda). Rule 3 (a), 5 (1) (a).
[73] The Judicature (Fundamental and Other Human Rights and Freedoms) (Enforcement Procedure) Rules, 2019. Statutory Instrument 31 of 2019 (Uganda). Rule 6, 11.
[74] The National Environment Act, 2019, Cap. 181. (Uganda).
[75] The Land Act, 1998, Cap. 236 (Uganda). Section 44.
[76] The Land Act, 1998, Cap. 236 (Uganda). Section 45 (5).
[77] The Judicature Act, 1996, Cap. 16 (Uganda). Part VII.
[78] The Civil Procedure Act, 1929, Cap. 282 (Uganda). Section 19: The Civil Procedure Rules Statutory Instrument 71-1 (Uganda): The Civil Procedure (Amendment) Rules, 2019 No. 33 (Uganda).
[79] The Civil Procedure Act, 1929, Cap. 282 (Uganda). Section 98.
[80] The Rio Declaration on Environment and Development, The United Nations Conference on Environment and Development (Rio de Janeiro, 3-14 June 1992). Principle 1.
[81] The Rio Declaration on Environment and Development, The United Nations Conference on Environment and Development (Rio de Janeiro, 3-14 June 1992). Principle 17.
[82] The Rio Declaration on Environment and Development, The United Nations Conference on Environment and Development (Rio de Janeiro, 3-14 June 1992). Principle 17.
[83] The Rio Declaration on Environment and Development, The United Nations Conference on Environment and Development (Rio de Janeiro, 3-14 June 1992). Principle 23.
[84] The Rio Declaration on Environment and Development, The United Nations Conference on Environment and Development (Rio de Janeiro, 3-14 June 1992). Principle 25.
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[103] Massimiliano Montini. (2012) Towards a new instrument for promoting sustainability beyond the EIA and the SEA: Holistic Impact Assessment (HIA). [Venice International University Papers 10.13]. The Shortcomings of the SEA and EIA in the Light of Sustainability. EIA: A Critical Appraisal. Page 12.
[104] Massimiliano Montini. (2012) Towards a new instrument for promoting sustainability beyond the EIA and the SEA: Holistic Impact Assessment (HIA). [Venice International University Papers 10.13]. The Shortcomings of the SEA and EIA in the Light of Sustainability. EIA: A Critical Appraisal. Page 12.
[105] National Association of Professional Environmentalists vs. AES Nile Power Limited, High Court of Uganda, Miscellaneous Cause No. 268 of 1999: Kenneth Kakuru and Irene Ssekyana. (2009). Casebook on Environmental Law. Volume 1, page 72 –79.
[106] National Association of Professional Environmentalists vs. AES Nile Power Limited, High Court of Uganda, Miscellaneous Cause No. 268 of 1999: Kenneth Kakuru and Irene Ssekyana. (2009). Casebook on Environmental Law. Volume 1, page 72 –79.
[107] The National Environment Act, 2019, Cap. 181. (Uganda). Section 5 (i).
[108] The National Environment Act, 2019, Cap. 181. (Uganda). Section 8.
[109] The National Environment Act, 2019, Cap. 181. (Uganda). Section 157.
