DRAFT OF 18  TH   JULY 2008  
STATUTORY INSTRUMENTS
2008 No………
THE NATIONAL ENVIRONMENT (WASTE MANAGEMENT)
(AMENDMENT) REGULATIONS, 2008 .
(Under Section 107 (1) of the National Environment Act, Cap.153)
IN EXERCISE of the powers conferred on the Minister responsible for Water  and  
Environment by section 107(1) of the National Environment Management Act and on the  
recommendation of the Board, these Regulations are made this…………...……..day of  
………………..,2008.
1.Title
These  Regulations  may  be  cited  as  the  National  Environment  (Waste  Management)  
(Amendment) Regulations, 2008.
2.Commencement
These  Regulations  shall  be  deemed  to  have  come  into  force  on  the  ……day  
of……………2008.
      
3.Amendment of  regulation 2 of SI 153-2
Regulation 2 of the National Environment (Waste Management) Regulations in these  
Regulations referred to as the principal regulations, is amended by inserting immediately  
after paragraph (b) a new paragraph (c) as follows:-
 
(c) to banned materials described as waste;
And re-naming the existing paragraph (c) as paragraph (d).
4.Amendment of  regulation 3 of SI 153-2
The principal regulations are amended in section 3 by substituting the definition of waste  
therein with the following definition - 
“waste” includes any banned material such as banned polyethylene materials; and  
any matter prescribed to be waste and any radioactive matter, whether liquid,  
solid, or gaseous, which is  discharged, emitted or deposited into the environment  
in  such  volume,  composition  or  manner  as  to  cause  an  alteration  of  the  
environment.     
5.Insertion of new regulations 8A and 8B 
The principal regulations are amended by inserting immediately after regulation 8 the  
following-
“8A. Control of  polyethylene materials 
(1)A person shall not manufacture, import, use, or otherwise deal in polyethylene  
materials of 30 microns and below or any other thickness as shall be prescribed by  
the Minister from time to time.
(2)A person who contravenes sub-regulation (1) commits an offence and is liable on  
conviction to a fine not less than thirty thousand shillings and not exceeding three  
million shillings, or imprisonment for not less than three months or both.
(3)In this regulation, polyethylene material means any plastic carrier bags, plastic  
sheeting  and  packaging  materials  made  of  plastic  polymeric  materials  of  30  
microns and below.
8B.Control on littering 
(1)In this regulation, unless the context otherwise requires- 
“depositing litter in or on a place” includes-
(a)dropping or throwing litter in, on, into or onto the place; or 
(b)leaving litter in or on a place; or 
(c)putting  litter  in  such  a location  that  it  falls,  descends,  blows,  is  washed,  
percolates or otherwise escapes or is likely to fall, descend, blow, be washed,  
percolate or otherwise escape into or onto a place or the environment; or
(d)causing,  permitting  or  allowing  litter  to  fall,  descend,  blow,  be  washed,  
percolate or otherwise escape into or onto a place. 
“Environmental  Inspector”  means  any  Environmental  Inspector  designated  under  
section 79 of the National Environment Act Cap.153; 
“litter” includes-
(a)any  discarded,  used,  or  left  over  solid  or  liquid  domestic  or  commercial  
refuse, debris or rubbish and, without  limiting the generality of the above,  
includes any glass, metal, cigarette butts, paper, fabric, wood, food, carcasses  
of  dead  animals,  plastic  carrier  bags,  containers,  metallic  waste,  trash,  
abandoned  vehicles,  abandoned  vehicle  parts,  construction  or  demolition  
material, garden remnants and clippings, soil, sand or rocks; and
2(b)any other material, substance or thing deposited in or on a place if its size,  
shape,  nature  or  volume  makes  the  place  where  it  is  deposited  defaced,  
disorderly or detrimentally affects the proper use of that place, deposited in or  
on a place, whether or not it has any value when or after being deposited in or  
on the place;
“littering”  means  willful  or  negligent  throwing,  dropping,  dumping  placing,  
depositing, or sweeping, allowing or causing such acts of any litter on land or water,  
in other than appropriate storage containers or areas designated for such purpose.”
(2)A person shall not willfully or negligently dump, deposit in, into or onto,  
throw down, drop, leave or abandon any litter upon any public high way,  
street, alley or road, upon public park or recreational area or upon any  
other public property except as designated for such use, or upon property  
owned by another person without written permission of the owner, or into  
any lake, water channel, harbor, river, creek, stream, reservoir, or onto any  
river bank or lake shore or upon any other place not provided for the  
deposit of litter.
(3)All litter shall be deposited in a place designated for the deposit of litter  
and in a place that is appropriate for litter of that size and shape, nature,  
type or volume.
(4)A person who deposits litter in a place not designated for that purpose  
shall  within  a  reasonable  time  do  everything  reasonably  possible  to  
retrieve the litter upon request to do so by an Environmental Inspector or  
any other person authorized to give such request.
(5)A person who generates litter shall have a designated place in which to  
deposit the litter generated .
(6)A person who contravenes regulation 8B (2) commits an offence and is  
liable on conviction to a fine not less than thirty thousand shillings and not  
exceeding  three  million  shillings,  or  imprisonment  not  less  than  three  
months or both.”
5.Amendment of regulation 9 of principal regulations
Regulation  9  of the principal  regulations  is  amended  by inserting  immediately  after  
paragraph (b) the following paragraphs (c), (d), (e), and (f)-
“(c)seize and detain or carry away any waste found on any premises or  
aboard any vehicle or vessel; 
 (d)      impound the vehicle or vessel in which the waste was found; 
3(e)lock, seal or otherwise secure the premises, vehicle or vessel in which the  
waste was found; and
 (f)make  any  person  found  in  possession  of  waste  responsible  for  the  
expenses of removal, destruction or cleaning up of the waste.”
HON. MARIA MUTAGAMBA
Minister of Water and Environment
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