KAMPALA INTERNATIONAL UNIVERSITY

FACULTY: SCHOOL OF LAW

COURSE: BACHELORS OF LAW

COURSE UNIT: ENVIRONMENTAL

LAW AND POLICY

YEAR: THREE (WEEKEND)

SEMESTER: ONE

GROUP: THREE

LECTURER’S NAME: COUNSEL COLLINS

SN NAME OF REGISTRATION SIGNATURE

STUDENT. NUMBER
1 NAMAATO SOPHIA 2022-01-09258

2 NAKIMULI KEVIN 2021-08-06735

3 NSIIMA GLADESY 2021-08-06745

4 KAYIMA DEO 2021-08-06437

5 MULUTA DANIEL 2021-08-06918

6 ODIRISA 2021-08-09543
LAWRENCE
7 MAWERERE 2021-08-06426
THOMAS

0|Page
Research on: Municipal law as a source of environmental law in Uganda

S.2(a, b & c) of the National Environment Act 2019 defines “Environment” to

mean the physical factors of the surroundings of human beings, including land,
water, atmosphere, climate, sound, dour, taste, the biological factors of animals and
plants and the social factor of aesthetics, health, safety and well-being of people.

Environmental Law may refer to the set of rules regulating the use, protection and
preservation of the environment.

Municipal Law refers to the laws of a given state legislated by Parliament in order to
safe guard the environment. These are based on the Uganda National policies and
Acts of parliament.

Between 1991 to 1994 the Government of Uganda

developed a National Environment Action Plan
(NEAP).
1
The NEAP provided a framework for
addressing gaps in environment management as well as
a strategy for integrating environment into the national
socio-economic development.
2
One of the outcomes of
the NEAP was the formulation of the National
Environment Management Policy (NEMP) of 1994.
The overall Goal of the NEMP is sustainable social and
economic development which maintains or enhances
environmental quality and resource productivity on a
long term-basis that meets the needs of the present
Between 1991 to 1994 the Government of Uganda
developed a National Environment Action Plan
(NEAP).
1
The NEAP provided a framework for
addressing gaps in environment management as well as
a strategy for integrating environment into the national
socio-economic development.
2
One of the outcomes of
the NEAP was the formulation of the National

1|Page
Environment Management Policy (NEMP) of 1994.
The overall Goal of the NEMP is sus
Between 1991 to 1994 the Government of Uganda
developed a National Environment Action Plan
(NEAP).
1
The NEAP provided a framework for
addressing gaps in environment management as well as
a strategy for integrating environment into the national
socio-economic development.
2
One of the outcomes of
the NEAP was the formulation of the National
Environment Management Policy (NEMP) of 1994.
The overall Goal of the NEMP is sus
Between 1991 to 1994 the Government of Uganda
developed a National Environment Action Plan
(NEAP).
1
The NEAP provided a framework for
addressing gaps in environment management as well as
a strategy for integrating environment into the national
socio-economic development.
2
One of the outcomes of
the NEAP was the formulation of the National
Environment Management Policy (NEMP) of 1994.
The overall Goal of the NEMP is sus
Between 1991 to 1994, the government of Uganda developed a National
Environment Action Plan (NEAP). The NEAP provided a framework for
addressing gaps in environment management as well as a strategy for integrating
environment into the national socio economic development. And one of the
outcomes of NEAP was the formulation of the National Environment Management
Policy (NEMP) of 1994.

This was so with an overall goal of sustainable social and economic development
which maintains and enhances environmental quality and resource productivity on
long term basis that meets the needs of the present system without compromising
the ability of future generations to meet their own needs.

The policy also recognizes the need for national policies in addressing the specific
concerns of the identified environmental sectors and also provided a basis for the

2|Page
formulation of a comprehensive environmental legal framework under the 1995
Constitution and the National Environment Act.

It also provided a framework for approaches to resource planning and management

of natural resources. These approaches found expression in the various
environmental and development policies and in legislation such as the Uganda
Wildlife Act, the Water Act, the Land Act, the National Forestry and Tree Planting
Act among others.

The Laws discussed below have continued to promote the concept of conservation
of natural resources and sustainable development and these are;

The constitution has provisions for enhancing

conservation and management of the environment and
natural resources. Objective XIII of the National
Objectives and Directive Principles of State Policy and
article 237(2)(b) of the constitution pronounce the
public trust doctrine.
8
The content and scope of this
doctrine is being tested in the Government efforts to
study possible change of land use for parts of the
Central Forest Reserves comprised in Mabira Forest and
Bugala Island in Kalangala district. It is envisaged that
in the near future a public interest action may be filed in
the courts to define this doctrine and the role of the
state as public trustee.
The constitution also enshrines a constitutional right to
a clean and healthy environment in its article 39. Civil
society has used article 50 of the const
The constitution has provisions for enhancing
conservation and management of the environment and
natural resources. Objective XIII of the National
Objectives and Directive Principles of State Policy and
article 237(2)(b) of the constitution pronounce the
public trust doctrine.
8
The content and scope of this
doctrine is being tested in the Government efforts to
study possible change of land use for parts of the
Central Forest Reserves comprised in Mabira Forest and
Bugala Island in Kalangala district. It is envisaged that
in the near future a public interest action may be filed in
3|Page
the courts to define this doctrine and the role of the
state as public trustee.
The constitution also enshrines a constitutional right to
a clean and healthy environment in its article 39. Civil
society has used article 50 of the const
The constitution has provisions for enhancing
conservation and management of the environment and
natural resources. Objective XIII of the National
Objectives and Directive Principles of State Policy and
article 237(2)(b) of the constitution pronounce the
public trust doctrine.
8
The content and scope of this
doctrine is being tested in the Government efforts to
study possible change of land use for parts of the
Central Forest Reserves comprised in Mabira Forest and
Bugala Island in Kalangala district. It is envisaged that
in the near future a public interest action may be filed in
the courts to define this doctrine and the role of the
state as public trustee.
The constitution also enshrines a constitutional right to
a clean and healthy environment in its article 39. Civil
society has used article 50 of the const
The constitution has provisions for enhancing
conservation and management of the environment and
natural resources. Objective XIII of the National
Objectives and Directive Principles of State Policy and
article 237(2)(b) of the constitution pronounce the
public trust doctrine.
8
The content and scope of this
doctrine is being tested in the Government efforts to
study possible change of land use for parts of the
Central Forest Reserves comprised in Mabira Forest and
Bugala Island in Kalangala district. It is envisaged that
in the near future a public interest action may be filed in
the courts to define this doctrine and the role of the
state as public trustee.
The constitution also enshrines a constitutional right to
a clean and healthy environment in its article 39. Civil
society has used article 50 of the const
The constitution has provisions for enhancing
conservation and management of the environment and

4|Page
natural resources. Objective XIII of the National
Objectives and Directive Principles of State Policy and
article 237(2)(b) of the constitution pronounce the
public trust doctrine.
8
The content and scope of this
doctrine is being tested in the Government efforts to
study possible change of land use for parts of the
Central Forest Reserves comprised in Mabira Forest and
Bugala Island in Kalangala district. It is envisaged that
in the near future a public interest action may be filed in
the courts to define this doctrine and the role of the
state as public trustee.
The constitution also enshrines a constitutional right to
a clean and healthy environment in its article 39. Civil
society has used article 50 of the const
The constitution has provisions for enhancing
conservation and management of the environment and
natural resources. Objective XIII of the National
Objectives and Directive Principles of State Policy and
article 237(2)(b) of the constitution pronounce the
public trust doctrine.
8
The content and scope of this
doctrine is being tested in the Government efforts to
study possible change of land use for parts of the
Central Forest Reserves comprised in Mabira Forest and
Bugala Island in Kalangala district. It is envisaged that
in the near future a public interest action may be filed in
the courts to define this doctrine and the role of the
state as public trustee.
The constitution also enshrines a constitutional right to
a clean and healthy environment in its article 39. Civil
society has used article 50 of the const
The constitution has provisions for enhancing
conservation and management of the environment and
natural resources. Objective XIII of the National
Objectives and Directive Principles of State Policy and
article 237(2)(b) of the constitution pronounce the
public trust doctrine.
8
The content and scope of this
doctrine is being tested in the Government efforts to

5|Page
study possible change of land use for parts of the
Central Forest Reserves comprised in Mabira Forest and
Bugala Island in Kalangala district. It is envisaged that
in the near future a public interest action may be filed in
the courts to define this doctrine and the role of the
state as public trustee.
The constitution also enshrines a constitutional right to
a clean and healthy environment in its article 39. Civil
society has used article 50 of the const
The constitution has provisions for enhancing
conservation and management of the environment and
natural resources. Objective XIII of the National
Objectives and Directive Principles of State Policy and
article 237(2)(b) of the constitution pronounce the
public trust doctrine.
8
The content and scope of this
doctrine is being tested in the Government efforts to
study possible change of land use for parts of the
Central Forest Reserves comprised in Mabira Forest and
Bugala Island in Kalangala district. It is envisaged that
in the near future a public interest action may be filed in
the courts to define this doctrine and the role of the
state as public trustee.
The constitution also enshrines a constitutional right to
a clean and healthy environment in its article 39. Civil
society has used article 50 of the const
The constitution has provisions for enhancing
conservation and management of the environment and
natural resources. Objective XIII of the National
Objectives and Directive Principles of State Policy and
article 237(2)(b) of the constitution pronounce the
public trust doctrine.
8
The content and scope of this
doctrine is being tested in the Government efforts to
study possible change of land use for parts of the
Central Forest Reserves comprised in Mabira Forest and
Bugala Island in Kalangala district. It is envisaged that
in the near future a public interest action may be filed in
the courts to define this doctrine and the role of the
state as public trustee.
The constitution also enshrines a constitutional right to

6|Page
a clean and healthy environment in its article 39. Civil
society has used article 50 of the const
The constitution has provisions for enhancing
conservation and management of the environment and
natural resources. Objective XIII of the National
Objectives and Directive Principles of State Policy and
article 237(2)(b) of the constitution pronounce the
public trust doctrine.
8
The content and scope of this
doctrine is being tested in the Government efforts to
study possible change of land use for parts of the
Central Forest Reserves comprised in Mabira Forest and
Bugala Island in Kalangala district. It is envisaged that
in the near future a public interest action may be filed in
the courts to define this doctrine and the role of the
state as public trustee.
The constitution also enshrines a constitutional right to
a clean and healthy environment in its article 39. Civil
society has used article 50 of the const
The constitution has provisions for enhancing
conservation and management of the environment and
natural resources. Objective XIII of the National
Objectives and Directive Principles of State Policy and
article 237(2)(b) of the constitution pronounce the
public trust doctrine.
8
The content and scope of this
doctrine is being tested in the Government efforts to
study possible change of land use for parts of the
Central Forest Reserves comprised in Mabira Forest and
Bugala Island in Kalangala district. It is envisaged that
in the near future a public interest action may be filed in
the courts to define this doctrine and the role of the
state as public trustee.
The constitution also enshrines a constitutional right to
a clean and healthy environment in its article 39. Civil
society has used article 50 of the const
The constitution has provisions for enhancing
conservation and management of the environment and
natural resources. Objective XIII of the National
Objectives and Directive Principles of State Policy and
article 237(2)(b) of the constitution pronounce the

7|Page
public trust doctrine.
8
The content and scope of this
doctrine is being tested in the Government efforts to
study possible change of land use for parts of the
Central Forest Reserves comprised in Mabira Forest and
Bugala Island in Kalangala district. It is envisaged that
in the near future a public interest action may be filed in
the courts to define this doctrine and the role of the
state as public trustee.
I. THE 1995 CONSTITUTION OF THE REPUBLIC OF UGANDA AS
AMENDED
The 1995 Constitution of Uganda has provisions enhancing promotion, preservation,
conservation and management of the environment and natural resources.
Objective XIII of the National Objectives and Directive Principles of State
Policy and Article 237(2)(b) of the constitution pronounce the public trust doctrine
giving the duty to the state to protect important resources including water, wetlands,
minerals, oils, Fauna & Flora on behalf of the people of Uganda.

The content and scope of this doctrine is being tested in the Government efforts to
study possible change of land use for parts of the Central Forest Reserves such as
those comprised in Mabira Forest and Bugala Island in Kalangala district.

Under Article 2 of the 1995 Constitution of the Republic of Uganda as amended

provides that the constitution is the supreme law of the land and that all laws and
customs derive their legality from it. Further, it states that any law and customs that
are inconsistent with it shall be null and void to the extent of their consistency.

The constitution also enshrines a constitutional right to a clean and healthy

environment in its Article 39 plus clean and safe water under Objective XXII of
the National Objectives and Directive Principles of State Policy. Civil society
has used Article 50 of the constitution to enforce this right by applying to a
competent court for redress which may include compensation.

II. ACTS OF PARLIAMENT

Under Article 79(1), and 245 of the constitution and the National Environmental
Act 2019 respectively, the mandate is clearly spelt out that parliament shall pass
laws in regards to the protection, conservation and preservation of the environment.
The framework of municipal environmental Law and its linkages to municipal
legislation has several Acts enacted such as the National Environment Act 1995
which was further supplemented on 7th March 2019, the Petroleum (Exploration,
8|Page
Development and Production) Act of 2013, the Water Act, the wildlife Act among
others as discussed in the case of Amooti Godfrey Nyakaana V National
Environmental Authority and Others, Supreme Court No. 005/2011.

The National Environment Act Cap 153, 1995 provides for sustainable management
of the environment and established the National Environment Management
Authority (NEMA) which is mandated to coordinate, monitor and supervise all
activities in the field of the environment.

The Ugandan framework had the impact of triggering amendment and

harmonization of Uganda municipal laws on environment which laws include the
National Forestry and Tree Planting Act under which all owners and occupiers of
land are to manage it in accordance with the National Forestry and Tree Planting
Act, the Mining Act, The National Environment Act, the water Act, the Uganda
Wildlife Act, the Town and Country Planting Act, the Investment Code Act, and
any other law.

The Investment Code Act section 19(1) (d) makes it an implied term and condition
of every holder of an investment license to take necessary steps to ensure that the
operation of their business enterprise does not cause any injury to the ecology or the
environment.

The Uganda Wildlife Act under section 16 provides that the Authority shall in
consultation with NEMA carryout audits, and monitoring of projects that may have
an impact on wildlife.

Section 15 of the Uganda Wildlife Act provides that any developer desiring to
undertake any project which may have a significant effect on any wildlife species or
community shall undertake an environment impact assessment in accordance with
the National Environment Act.

The Mining Act section 108 t0 112 of which environmental audit, protection
standards, restoration plans and environmental performance bonds in accordance
with the National Environment Act, and the Local Government Act, the second
schedule of which outlines environmental management areas for which district
councils are responsible.

Environmental planning as a tool of environmental

management is intended to ensure that development
activities and exploitation of natural resources for
different purposes are harmonized with the need to

9|Page
conserve the environment.
The Pollution Act Cap 152 under section 4(c) is the objective of the Act which is
to the effect of allowing for the orderly development and use of water resources for
purposes other than domestic use such as watering stock, irrigation and agriculture,
industrial commercial and mining uses, the generation of hydroelectric or
geothermal energy, navigation, fishing, preservation of flora and fauna and
recreation on ways which minimize harmful effects to the environment.

The Water Act Cap 152 provides for the use, protection and management of water
resources and supply to provide for the constitution of water and sewerage
authorities and facilitate the devolution of water supply and sewerage undertakings.

Environmental planning as a tool of environmental management is intended to

ensure that development activities and exploitation of natural resources for different
purposes are harmonized with the need to conserve the environment.

There has been success of the Environmental monitoring and impact assessment
processes which are provided for under the Ugandan legal framework, have been
useful tools in regulating activities which have or are likely to have deleterious
impacts on the environment and an Environmental Impact Assessment database has
been created to track these activities.

III. COMMON LAW

These are generally common customs of England as formulated by common law
courts through judicial decisions. Uganda received common law by virtue of the
reception clause in the 1901 Order in Council.
Currently, common law is recognized in Uganda under section 14 of the Judicature
Act Cap 13.

There are several causes of action that are useful in acquiring environment
degradation or damages for environmental torts (wrongs against the environment)
for example nuisance, trespass to land, strict liability and negligence.

This leaves common law as another important source of municipal law in Uganda.

IV. CUSTOMARY LAW

These are norms and rules that people follow as customs and they are so prevalent
that they bind all people in the society.

10 | P a g e
Unwritten norms become part of the customary law if it is consistently followed
over a long period of time by significant number of people who accept it as a legal
obligation to preserve, protect and conserve the environment.

Examples include; periodic cleaning of the wells and pathways in Busoga region
and Buganda locally known as " bulungibwansi" always headed by the local council
committed and other committees.

V. SCHOLARLY TEACHINGS AND WRITINGS

These include books, novels, newspapers among others as authored by high
qualified publicists, professionals like lawyers, etc.

Refer to the handbook on environmental law in Uganda authored by Justice Kenneth

Kakuru.

VI. SUBSIDIARY LEGISLATION

These include rules and regulations passed by ministers. The main ministry in
regards to Environment is the ministry of water and Environment which has enacted
regulations such as National (Standard for discharge of effluent into water or land)
Regulations 2020.

Under sections 38, 39 and 40 of the Local Government Act cap 243, lower councils
are authorized to make byelaws and ordinances that are not inconsistent with the
Constitution for proper governance of people including byelaws and ordinances
concerning environmental conservaion.

However, challenges to environmental planning both at national and district level do

exist and these Include; population size growth rate, structure and distribution that
negatively impacts on fragile ecosystems like wetlands, river banks, lake shores,
hilly and mountainous areas, high dependence on fuel wood for cooking, leading to
increase in deforestation and land degradation, soil erosion due to poor farming
methods and inadequate funding for the environment sector.

We conclude and recommend that the basis for environmental regulation in Uganda
is well established as discussed above. What needs to be done is to garner support
for more funding to the Environment sector to facilitate environment management
activities including law enforcement and public awareness, information and training
programmers. There is also need to create and strengthen Partnerships at
community, local, National, regional and international levels, step up efforts in
ensuring compliance with environmental law, effective restoration of ecosystems,

11 | P a g e
effective checks and balances to harmonize development objectives, poverty
alleviation interests for well-informed tradeoffs.

REFERENCES:
1. The constitution of the Republic of Uganda, 1995 as amended
2. The National Environmental Act, 2019
3. The Water Act
4. The Land Act
5. The Pollution Act Cap 152.
6. The National Environment Action Plan and the National Environment
Management Policy
7. Environmental Regulations in Uganda Successes and Challenges by Christine
Echookit Akello

12 | P a g e