EPA retains overriding enforcement powers on environmental issues

Mar 11, 2014 News

… Has no objection to amending M&CC legislation

While there are clashes over legislation governing the Mayor and City Council (M&CC) and the Environment Protection Agency (EPA), the two entities are expected to continue their conflict over their individual role regarding the environment.
The EPA has reminded that the Environmental Protection Act of 1996 “is the primary governing law for all issues relating to environmental protection and management in Guyana.”
A statement from the EPA under the Ministry of Natural Resources and Environment stated, “While the Agency acknowledges the fact that several other sector agencies and institutions currently administer various pieces of legislation that are directly and indirectly related to environmental issues and the Environmental Protection Act, the Agency nonetheless retains overriding administrative and enforcement powers by virtue of Section 4 of the Environmental Protection Act.”
“The Agency has an unequivocal legislative mandate to exercise complete authority over the implementation and enforcement of the Litter Prevention Regulations.”
The EPA has stated however that, “it has no objection to the amending of any legislation currently used by the Mayor and City Council to address litter and litter prevention issues to meet the standards and penalties.”
The assertion came after members of the M&CC, particularly Mayor Hamilton Green, and Deputy Mayor Patricia Chase-Greene expressed surprise and disappointment at new environmental measures being put in place in Georgetown without the consultation of Council executives.
The City officials said that no such consultations were held, despite the M&CC being the city manager and is governed by separate laws regarding the management and coordination of the city.
The new law involves the employment of litter wardens who will have the power to impose on the spot litter fines of up to $50,000. It was noted, further, that motorists will now have to be cognizant of litter being tossed off the vehicles as they will bear the responsibility for anyone throwing garbage out of their motor vehicle.
Among other calls from the M&CC, was for the increase in litter fines as the Council can only charge persons up to $10,000 for littering. The Deputy Mayor said that this new law is a slap in the face of the Council and continued efforts to frustrate City Hall in making an earnest impact on the city.
The EPA has noted that the litter prevention regulations have been enacted under the Environmental Protection Act 1996. “Under the Act, the Agency is the designated administrative institution responsible for coordinating and overseeing all initiatives under the Act. These initiatives include the creation, development, implementation and enforcement of all Regulations made under the Act.”
EPA said that several consultations with local stakeholders regarding the implementation of the regulations were held. These consultations occurred in the months leading up to the enactment of the regulations and continue to be held in the wake of its enactment.
The EPA has stated, however, that consultations were held with the M&CC, including Town Clerk, Carol Sooba and the Council’s Solid Waste Management Director, Walter Narine.
The two expressed their intention to offer full support to the Agency in strengthening capacity building and institutional support between the Agency and the Council in the implementation and enforcement of the regulations.
“The Agency wishes to emphasize that it has no objection to amending any legislation currently used by the Mayor and City Council to address litter and litter prevention issues to meet the standards and penalties.”

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