Vague environment act to be amended
The office of the environmental commissioner is in the process of amending environmental regulations in order to make them less ambiguous to ensure successful prosecutions.
The environment ministry's conservation scientist, Ipeinge Mundjulu, told Namibian Sun upon enquiry that the 2007 Environmental Management Act (EMA) will be amended in order to address the loopholes that currently exist in the act, in particular as it relates to sand mining.
Namibian Sun has, for months, published a series of articles on illegal sand mining, commonplace in the northern regions of Namibia where sand is being mined without obtaining the required permission.
According to the act, all government institutions, companies, other organisations and individuals should first obtain a clearance certificate in order to mine sand.
Illegal sand miners face fines of up to N$500 000 or 25 years in jail which, however, is said to be vague as the act does not define how an illegal sand miner will be fined and how the prosecution will take place as there are no existing cases which can be used as examples.
Some argue that the reason why illegal sand mining continues is because the act is not clear and perpetrators commit the crime without fear of prosecution.
“The act is not clear as to whether, for example, I will be fined based on the amount of sand they find in my possession or whether I will be fined while I am in the process of mining sand. The reason why illegal sand mining is continuing unabatedly is because the act is not clear. I say to you that to date, no one has been prosecuted for mining sand, maybe warned, but not prosecuted,” a source said on the condition of anonymity.
Meanwhile Ipeinge said that it is for those reasons, which include how to fine a perpetrator, that the ministry saw a need to amend the act.
“We understand that there are loopholes in the act and that is why we are in the process of amending it. All those loopholes will be addressed once the act is amended,” Ipeinge said. He however warned the current contractors who are mining sand illegally to stop immediately and apply for the clearance certificates as they can still be prosecuted.
Furthermore the days will soon be over for sand mining companies who are currently mining without being monitored and controlled on-site, as people will be employed to be on standby at burrow
pits. This is one of the ministry's attempts to ensure that illegal sand mining in the country.
KENYA KAMBOWE
The environment ministry's conservation scientist, Ipeinge Mundjulu, told Namibian Sun upon enquiry that the 2007 Environmental Management Act (EMA) will be amended in order to address the loopholes that currently exist in the act, in particular as it relates to sand mining.
Namibian Sun has, for months, published a series of articles on illegal sand mining, commonplace in the northern regions of Namibia where sand is being mined without obtaining the required permission.
According to the act, all government institutions, companies, other organisations and individuals should first obtain a clearance certificate in order to mine sand.
Illegal sand miners face fines of up to N$500 000 or 25 years in jail which, however, is said to be vague as the act does not define how an illegal sand miner will be fined and how the prosecution will take place as there are no existing cases which can be used as examples.
Some argue that the reason why illegal sand mining continues is because the act is not clear and perpetrators commit the crime without fear of prosecution.
“The act is not clear as to whether, for example, I will be fined based on the amount of sand they find in my possession or whether I will be fined while I am in the process of mining sand. The reason why illegal sand mining is continuing unabatedly is because the act is not clear. I say to you that to date, no one has been prosecuted for mining sand, maybe warned, but not prosecuted,” a source said on the condition of anonymity.
Meanwhile Ipeinge said that it is for those reasons, which include how to fine a perpetrator, that the ministry saw a need to amend the act.
“We understand that there are loopholes in the act and that is why we are in the process of amending it. All those loopholes will be addressed once the act is amended,” Ipeinge said. He however warned the current contractors who are mining sand illegally to stop immediately and apply for the clearance certificates as they can still be prosecuted.
Furthermore the days will soon be over for sand mining companies who are currently mining without being monitored and controlled on-site, as people will be employed to be on standby at burrow
pits. This is one of the ministry's attempts to ensure that illegal sand mining in the country.
KENYA KAMBOWE
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