In the Name of Allah, the Gracious, the Merciful

The Environment (Protection) Act, 2001

Arrangement of Sections
Chapter I
Preliminary Provisions
Sections:
1. Title.
2. Repeal and saving.
3. Interpretation.
4. Environmental Objectives.

Chapter II
The Council
5. Establishment, head quarter and supervision of the council.
6. Constitution of the Council.
7. Functions and powers of the Council.
8. Administrative organization of the Council.
9. Specialized Councils.
10. Financial Revenues of the Council.
11. Budget.
12. Funds of the Council deposited.
13. Accounts and audit.
14. State councils.

102
15. Functions of the State Council.
16. The competent authority.

Chapter III
Policies and General Directives for
Environmental Protection
17. Evaluation and environmental follow-up.
18. Duties of the Competent Authority to give due regard to
environmental policies.
19. Duty of all to report risks.

Chapter IV
Contraventions and Penalties
20. Contraventions and penalties.
21. Penalties.
22. The competent court.
23. Severer penalty Inflicted.

Chapter V
General Provisions
24. Standards and Means of Combating Pollution.
25. Procedure of entry and search of facility.
26. Application of the provisions of International Agreements.
27. Power to make regulations.
103
104
In the Name of Allah, the Gracious, the Merciful

The Environment (Protection) Act 20011

(23/6/2001)
Chapter I
Preliminary Provisions
Title
1. This Act may be cited as the, “Environment (Protection) Act, 2001”.

Repeal and saving

2. The Environment and Natural Resources Higher Council Act 1991,
shall be repealed; provided that all regulations, and measures taken
thereunder shall remain in force until revoked or amended, in
accordance with the provisions of this Act.

Interpretation
3. In this Act, unless the context otherwise requires :-2
“General Secretariat”, means the general secretariat of the
Environment and Natural Resources
Higher Council, established under the
provisions of section 8(2),
“Secretary General”, means the person appointed under
the provisions of section 8(2),

1
Made as Provisional order No. 13, 2000, ratified and become Act No. 18, 2001
2
Act No. 18,2001, Act No. 40, 1974
105
“Environment”, means the group of natural systems of
the components thereof, of the basic
elements, such as water, air, soil, and
plants, and includes also, the group of
social and cultural system, in which
human beings and other organisms
live, and drive therefrom, their power
and perform their activity;
“ Pollution”, means such changes, as may be
effected by human beings in the
environment, and such effects, as may
be produced thereby on human
beings and living organisms, such as
noise, damages, diseases, or death
directly or indirectly, or spoilage of
the basic components of the
environment, or prejudice to the
prevalent and known systems, and the
same includes, pollution of air, water,
soil and plants;

106
“Environment Protection”, means keeping the precise
equilibrium of the environment, and
not affecting such equilibrium,
prevent its pollution and
deterioration, rationalize utilization
according to the capacity of resources,
and not causing the destruction any of
the living organisms;
“Competent Authority” means all or any of the organs of
protection of the environment,
provided for in section 16;
“Council”, means the Environment and Natural
Resources Higher Council, established
under the provisions of section 5;
“State Council”, means the state council for the
protection of the environment,
established under the provisions of
section 14;
“Natural Resources”, mean the renewable and non
renewable natural resources,
“Ministry”, means the National Ministry
responsible for environment affairs,
“Minister”, means the National Minister
responsible for environment affairs,

107
Environmental Objectives
4. The competent organs upon practice of their functions or laying
down the policies thereof, shall endeavour to achieve the following:-
(a) protection of the environment, purity, natural equilibrium thereof,
and preserving its components of basic elements and social and
cultural systems, in achievement of safety and sustainable
development for the benefit of posterities;
(b) promotion of the environment and sustainable use of the natural
resources for the purpose of its development and preservation
thereof;
(c) linkage between the environment and development issues;
(d) stressing the responsibility of the competent authority for the
environment protection, and serious endeavour for achievement of
this protection;
(e) Activate the competent authority role and the organs subordinate
thereto, and prevent slackening and shortcoming in performance.

Chapter II
The Council
Establishment, headquarter and supervision of the Council 2a
5.(1) There shall be established a council to be known as the
“Environment and Natural Resources Higher Council” having
corporate personality, perpetual succession, a common seal, and
the right to litigate on its own name.

2a
Act No. 40, 1974 .
108
(2) The headquarters of the Council shall be in Khartoum State.
(3) The Council shall be subject to the supervision of the
President of the Republic.

Constitution of the Council

6.(1) The Council shall be constituted by a decision of the Council of
Ministers, presided by the Minister and membership of the
competent Ministers from the organs and corporations having
connection and a number of members of those possessed of
sufficient knowhow, experience and interest in the environment
and natural resources affairs.
(2) The Secretary General shall be a member and rapporteur. 3

Functions and powers of the Council

7.(1) The Council shall have the following functions and powers , namely
to :-4
(a) draw the general policy in co-ordination with the competent
organs in the following matters:-
i. the natural resources, including
enlisting, promotion, rationalizing the
ways of their use, management and
protection from deterioration in the
integrated and balanced form, in such
way, as may secure the sustainable,
increasing and continuous offering
thereof;

3
Act No. 18, 2001
4
Act No. 40, 1974
109
ii. protection to the environment in
general;
(b) coordinate state’s councils business, and the efforts aiming
at enlisting and evaluating the country’s natural resources,
and specify their usages at present and in the future ,
observe the variables which occur thereon, specify the areas
subject to the deterioration risks, desertification,
environmental pollution, and lay down the general surveys
priorities, and studies integrating these national sources;
(c) lay down long range national programme, for ideal and
balanced usage of the natural resources, maintenance
thereof, preserve the environment, and follow-up its
implementation in coordination with the competent bodies;
(d) periodically revise the legislations having connection, to
ascertain the extent of their keeping pace and suitability to
the international standards of environment and natural
resources development, their usage, maintenance, and
submit recommendation to the competent bodies with
respect thereto;
(e) coordinate the State efforts, pertaining to joining the
international agreements concerning the environment, and
specify the bodies assigned with implementing these
agreements;
(f) constitute specialized technical committees, to help in the
performance of its business;

110
(g) strive to rally the governmental, popular, locally, and
internationally funding sources, for implementing the
programmes of natural resources development and
maintenance, and environment protection, in coordination
with the competent bodies,
(h) encourage and support scientific research in all
environmental and natural resources fields, in coordination
with the national research centre;
(i) lay down a national plan for promotion of the environmental
awareness, and sustainable usage of natural resources,
maintenance of the same, and strive to include the same into
the educational curricula, in coordination with the
competent bodies;
(j) approve the organizational chart of the General Secretariat,
(k) make internal regulations to organize its meetings
procedure;

Administrative organization of the Council

8. (1) The Council shall convene twice annually at least, and the Chairman
thereof may call it for convention whenever he deems the same
necessary, and the internal regulations shall specify the manner of
the management of meetings, quorum, and system of voting
therein.

111
(2) The Council shall have a secretariat general, presided by a secretary
general to be appointed by the Council of Ministers, upon
recommendation of the Chairman of the Council, provided that the
decision shall specify his emoluments, after recommendations of
Minister of Finance and National Economy, Minister of Labour,
Public Service, and Human Resources Development and Wages
Higher Council, and membership chairmen of any technical or
specialized councils appointed by the Council.5
(3) The general secretariat shall have the following functions, to:-
(a) supervise all the administrative, clerical, financial, and
personnel affairs, business of the Council;
(b) prepare the Council meeting agenda, and its technical
committees, in consultation with the Chairman of the
Council;
(c) collect the integrated studies for environmental and natural
resources development, maintenance, usage and
coordination of the same;
(d) prepare the data and necessary maps to draw the policies,
and implement the same, in coordination with the
competent bodies, as the Council may prescribe;
(e) keep the records and documents, and all as may relate to
the technical, administrative, and financial sides, at the
quarters of the Council;
(f) any other functions as may assigned that by the Council.

5
Miscellaneous Amendments Act No. 1, 2006 , Act No. 40, 1974
112
Specialized Councils
9.(1) The Council may establish specialized councils, provided that it shall
have due regard to benefit by the existing specialized councils.
(2) The specialized councils shall be under the supervision of the
competent body specified by the Council.
(3) The specialized councils shall exercise the following functions and
powers, namely, to:-
(a) tender technical consultancy to the Council whenever it
requests therefrom;
(b) assist in laying down the general policies of the Council,
(c) evaluate such programme and projects, as may emanate of
the general policies.

Financial Revenues of the Council

10. The financial resources of the Council shall consist of the following:-
(a) such appropriations as may be allocated thereto by the State;
(b) donations, gifts, and aids,
(c ) any other resources, as may be approved by the Minister.

Budget of the Council 6

11. (1) The Council shall have an independent budget, to be prepared in
accordance with sound accountancy bases.
(2) The Council shall prepare the budget proposals within three
months before the end of the financial year, and submit the same through
the chairman thereof, to the competent bodies for their approval.

6
Act No. 40, 1974
113
Funds of the Council deposited
12. (1) The Council shall deposit its funds into current, or deposit accounts
with the Central Bank of Sudan, or any other bank as may be
approved by the central bank of Sudan.7
(2) Disposal of these accounts shall be as to the such manner, as may
be specified by the regulations.

Accounts and audit

13. (1) The Council shall keep regular and accurate accounts of its
revenues and expenditures, in accordance with sound accountancy bases.
(2) The accounts of the Council shall be audited by the National Audit
Chamber, after the end of every financial year.8

States’ councils
14. There shall be established in any state, under a state’s Law, an
environment and natural resources state’s council, and shall be constituted
by a decision of the Governor, presided by the competent state’s Minister,
and membership of the ministers having connection with the environment,
the organs and corporations having connection and a number of members;
provided that they shall be possessed of knowhow and experience of the
environment and natural resources affairs.9

7
Act No. 40, 1974
8
Ibid
9
Act No. 18, 2001
114
Functions of the State’s Council
15. The State Council shall exercise the functions set out in the state’s
Law, provided that due regard in the same shall be the functions granted
to the Council, in accordance with the provisions of this Act, and the
policies laid down by the said Council.

The competent authority

16. Everyone of the organs hereinafter mentioned shall be deemed as an
authority competent of protection of the environment, and endeavour to
achieve the objectives provided for in the section 4, the organs are:-10
(a) the Council, as to such functions and powers, as may be
conferred therein under the provisions of this Act,
(b) ministries, organs, and national institutions concerned with
environmental health and protection, in all fields of health,
agricultural, industrial, housing, economical, cultural, social,
and otherwise, in accordance with powers granted thereto,
under the Laws in force;
(c) state’s councils, ministries, organs, corporations, competent
of protection and promotion of the environment.

10
Act No. 18 , 2001 , Act No. 40, 1974
115
(d) national and international societies and institutions
concerned with promotion and protection of the
environment, licensed to work in the State, deeming that
the protection of environment is a popular work, which
requires enabling the society to play its role in organizing
the people’s efforts at both national and state levels,
(e) native administration.

Chapter III
Policies and General Directives for Environment Protection
Evaluation and environmental follow-up
17. (1) Notwithstanding the provisions of any other Law, concerning
permit of the programmes and projects by the competent
authority, every person desirous entering into any project as may
probably negatively affect the environment and natural
resources, shall present environmental feasibility study, signed by
the evaluation and follow-up committee constituted by the
Council.
(2) The environmental feasibility study of the project shall show, the
following:-
(a) the expected effect of the proposed project, on the
environment;
(b) the negative effects of the project which can be evaded,
upon execution of the project,
(c) the available alternatives of the proposed project,

116
(d) sufficient clarification that short term utilization of the
natural resources and environment, does not affect the
offering of these resources in the long term,
(e) where the project connected with the utilization of non-
renewable natural resources, the said feasibility study shall
include the continuity of utilization of these resources,
(f) precautions adopted for containing the negative effects of
the project and limit the same.

Duties of the Competent Authority to give due

regard to the environmental policies
18. The competent authority shall give due regard to and follow the
following policies and directives for the protection and promotion of the
environment in the State:-
(a) lay down and validate the standards of quality, which lead to
environment protection, prevent of its deterioration, and follow up
abidance by the same;
(b) preserve the various water sources, protect them from pollution
and rationalize water usage;
(c) preserve of air, food, soil, and vegetation, and protect them from
pollution and deterioration;
(d) preserve animals, and other living organisms, and protect them
from risks of extinction by over hunting or attacking of the same;
(e) promote the mining and drilling programmes, in accordance with
sound standards and specification of the environment;

117
(f) preserve the archeological and tourist sites, and protect the same
from the deterioration and assaults against them;
(g) disseminate awareness and environmental culture between
citizens, and activate the role of the information in the environment
protection field;
(h) introduce environment protection within the educational
programmes at schools, universities, institutes, and other
educational institutions in the State;
(i) coordinate and cooperate with societies, institutions, Councils,
various national and international corporate personalities,
concerned with the environment and its protection,
(j) follow-up of the firm implementation of the provisions of Laws
without affect the Laws organizing justice organs.

Duty of all to report risks

19. (1) Every person, whether natural or corporate, shall report the risks,
which threaten the environment, and contravention of the provisions of
this Act, and otherwise of Laws, relating to health and protection of the
environment, and shall tender the assistance and required capabilities for
environment protection, and shall have the right to restitute any expenses,
as may be incurred thereby for the sake of performing this duty, from any
of the competent authorities, which perform this duty towards him.
(2) Subject to the provisions of the Laws, organizing the rights and civil
procedure, every person shall have the right on behalf of the community to
institute a civil suit, where there occurs any injuries to the environment,
without need to prove his relation to such injury.

118
Chapter IV
Contraventions and Penalties
Contraventions
20. Notwithstanding of the provisions of any other law, there shall be
deemed a contravention of the provisions of this Act, any one of the
following acts:-
(a) pollution of air by effecting any change of its components, in
quantity or quality, which by nature harm human being and
the other living organisms, or otherwise of the environment
elements,
(b) pollution of water sources, such as rivers, seas, lakes, pools,
brooks, canals, watercourse, reserves, natural and artificial
water dams and otherwise in, which water is kept for the
usage of human being or animals;
(c) pollution of food by living organisms, such as harmful
Bactria, worms, insects causing diseases, or by the natural
or artificial, inputs chemicals, heavy metals, dust of the
types thereof and dusts of the types thereof;
(d) pollution of soil by adding substances of compounds harmful
to its components, or by increasing the slats percentage
above the usual limit, or by throwing the refuse and natural
and artificial substances harmful to health in the soil;
(e) epidemic pollution, which cause affecting by epidemical
small organisms, of fast spreading, such as cholera, plague,
leprosy, and otherwise of diseases;

119
(f) radiation pollution, produced by effecting nuclear dumping
explosions or atomic fission , and otherwise;
(g) sound pollution, produced by loud sounds, or noise;
(h) light pollution, by subjecting any person to excess, or
unsuitable artificial light,
(i) space pollution, produced by physical or chemical
operations, or otherwise, which affects the earth spheres of
the atmosphere, or outer space;
(j) threat of animals and other living organisms, by over
hunting, or attack of their environment and natural
conservation of the same,
(k) removal and over felling of trees, and attack on the
vegetation;
(l) change of the route of natural water courses, rivers, valleys,
floods, and attack the same,
(m) spread genetically amended organisms, without abiding by
the safeguards organizing the same.11

Penalties12
21. (1) whoever contravenes the provisions of section 20, shall be
punished with imprisonment, for a term not exceeding three years, or with
fine, not exceeding ten thousand SDG, or with both, also the material
subject of the contravention may be subject to confiscation for the benefit
of the authority concerned of the contravention.

11
National Assembly Sitting No. 35 on 5/6/2001
12
National Assembly Sitting No. 35 on 5/6/2001 , Act No. 40, 1974.
120
(2) The court, in case of conviction, may suspend the project or the
facility, or the place source of the contravention, totally or partially or
revoke the license totally or partially.
(3) The penalty provided for in sub-section (1) may be redoubled in
case of repetition of the contravention.
(4) For remedy of the material injuries, caused by contravention of the
provisions of this Act, compensation may be adjudged.

The Competent Court

22. Jurisdiction of trial of the contraventions of the provisions of this Act,
shall be conferred on courts of the environment, to be established by the
Chief Justice, and the ordinary criminal courts shall be competent, in the
areas wherein no environment courts are found.

Severer penalty Inflicted

23. Where the penalty provided for in section 21, is inconsistent with any
penalty provided for in any other law for the same contravention, the court
shall inflict the severer penalty.

Chapter V
General Provisions
Standards and Means of Combating Pollution
24. The Ministry in coordination with the Council, and the competent
authority, shall specify the standards and means of combating pollution,
and limiting of the same in the various fields, for the purpose of advertizing
and publishing the same by all means of mass media.

121
Procedure of entry and Search of Facility
25. The competent authority, after obtaining the permission of the
competent prosecution attorney bureau, may enter and search any facility,
project, or place, or otherwise, for the detection, suspension, or preventing
the contraventions of the provisions of this Act.

Application of the provisions of International Agreements

26. Without prejudice to any other provisions of this Act, the competent
authority shall be bound by applying the provisions of the bilateral and
international agreements, and protocols, agreed or to be agreed to by the
State, or entered thereto in the future.

Power to make Regulations

27. The Council upon approval of the Minister may make such regulations
as may be necessary for implementation of the provisions of this Act.

122