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HAZARDOUS AND ELECTRONIC WASTE
CONTROL AND MANAGEMENT ACT,
2016( Act 917)
ARRANGEMENT OF SECTIONS
Section
PART ONE - HAZARDOUS WASTES AND
OTHER WASTES
Control and management of
hazardous wastes and other
wastes
1.Prohibited
acts
2.Importation
of hazardous wastes or other
wastes
3.Exportation
of hazardous wastes or other
wastes
4.Notification
procedure for transboundary
movements
5.Transit
of hazardous wastes or other
wastes
6.Liability
for contravention
7.Sealing
8.Assisting
persons to escape
9.Power
of search, seizure and arrest
10.Samples
for testing
11.Exclusion
of diplomatic immunity
12.Obligations
of the Agency
13.Management
of hazardous wastes or other
wastes
14.Database
of written authorisation
15.Insurance
cover
16.Register
of hazardous wastes and other
wastes
Control and management of
Polychlorinated biphenyls
17.Polychlorinated
biphenyls
18.Phase
out period
19.Classification
of polychlorinated biphenyls
waste
PART TWO - ELECTRICAL AND
ELECTRONIC WASTE
Electrical and Electronic waste
levy
20.Electrical
and Electronic waste levy
21.Designation
of External Service Provider
22.Requirements
for wholesalers, distributors
and retailers
Electrical and Electronic Waste
Management Fund
23.Establishment
of the Fund
24.Object
of the Fund
25.Sources
of money for the Fund
26.Bank
accounts for the Fund
27.Appointment
of Administrator and management
of the Fund
28.Disbursement
from the Fund
29.Accounts
and audit
30.Annual
report
Electrical and Electronic waste
recycling plant and other
provisions
31.Establishment
of recycling facilities
32.Obligation
of taking back
33.Obligation
of recycling and disposal
34.Enforcement
notice
35.Delegation
36.Regulations
37.Interpretation
SCHEDULES
FIRST SCHEDULE
List of hazardous wastes and
other wastes
SECOND SCHEDULE
Notification form for
transboundary movement or
shipment of waste
THIRD SCHEDULE
Movement document for
transboundary movement or
shipment of waste
FOURTH SCHEDULE
Classification of
polychlorinated biphenyls waste
for segregation
FIFTH SCHEDULE
List of electrical and
electronic equipment for which
advance eco levy is
applicable
REPUBLIC OF GHANA
ACT
OF THE PARLIAMENT OF THE
REPUBLIC OF GHANA
ENTITLED
HAZARDOUS AND ELECTRONIC WASTE
CONTROL AND MANAGEMENT ACT, 2016
AN ACT to provide for the
control, management and disposal
of hazardous waste, electrical
and electronic waste and for
related purposes.
DATE OF ASSENT:
PASSED by Parliament and
assented to by the President:
PART ONE - HAZARDOUS WASTES AND
OTHER WASTES
Control and management of
hazardous wastes and other
wastes
Prohibited acts
1. (1) For purposes of this Act,
hazardous wastes and other
wastes are wastes specified in
the First Schedule.
(2) A person shall not except as
otherwise provided in this Act
(a)
import or cause hazardous wastes
or other wastes to be imported
into the country;
(b)
export or cause hazardous waste
or other waste to be exported
out of the country;
(c)
transport or cause to be
transported hazardous wastes or
other wastes that has been
imported into the country or
that is in transboundary
movement through the country; or
(d)
sell, purchase or deal in
hazardous wastes or other
wastes.
(3) A person who contravenes
subsection (2) (b), (c)
or (d) commits an offence
and is liable on summary
conviction
(a)
to a fine of not less than two
thousand five hundred penalty
units and not more than sixty
thousand penalty units or to a
term of imprisonment of not less
than one year and not more than
ten years or to both; and
(b)
for the cost of cleaning up any
contamination caused by the
hazardous waste or other waste
and any other mitigating action
required to deal with the effect
of the waste.
(4) A person shall not deposit
hazardous wastes or other wastes
on any land in the country or in
the territorial waters of the
country.
(5) A person who contravenes
subsection 2(a) or (4)
commits an offence and is liable
on summary conviction to a fine
of the cedi equivalent of two
million United States dollars or
to a term of imprisonment of not
more than twenty years or to
both and shall in addition
(a)
re-export the waste; and
(b)
pay for the cost of cleaning up
any contamination caused by the
hazardous waste or other waste
and any other mitigating action
required to deal with the effect
of the waste
(6) A vehicle, vessel, aircraft,
container or carrier used in
unlawfully transporting the
waste into, from or across the
country shall be seized by the
Agency and confiscated to the
State on the orders of a Court.
Importation of hazardous wastes
or other wastes
2. (1) The Minister shall on the
advice of the Agency grant a
written authorization for
hazardous wastes or other wastes
to be imported into the country
if
(a)
the State that desires to export
the waste is a party to the
Basel Convention on the Control
of Transboundary Movements of
Hazardous Wastes and their
Disposal or is a party to a
bilateral, multilateral or
regional agreement or
arrangement regarding
transboundary movement of
hazardous waste or other wastes
in accordance with Article 11 of
the Basel Convention;
(b)
a request has been received for
a transboundary movement of the
hazardous wastes or other wastes
and the request contains the
information required by Annex V
of the Basel Convention;
(c)
the labelling, packaging and
transportation identified in the
notification conforms to the
requirements of recognised
international rules, standards
and practices;
(d)
the specified approved site or
facility for the disposal of the
waste is capable of managing and
disposing of the waste in an
environmentally sound manner or
if the importer has identified a
certified indigenous hazardous
waste management entity to
manage and dispose of the waste
in an environmentally sound
manner;
(e)
the disposer guarantees in the
disposer's contract with the
exporter that the waste will be
managed in an environmentally
sound manner;
(f)
the disposer has informed the
exporter, the Competent
Authority of the State of export
and the Minister of the receipt
of the hazardous waste or other
wastes and of the
completion of disposal as
specified in the notice;
(g)
the importer and the disposer
have a valid licence to deal
with the categories of hazardous
wastes or other wastes proposed
for importation;
(h)
the generator, exporter,
importer, disposer or carrier
have appropriate insurance or
other adequate financial
guarantee; and
(i)
the importer or an agent acting
on behalf of the importer is
resident in Ghana or in the case
of a corporation, has a
permanent place of business in
Ghana.
(2) An authorisation granted
under subsection(l) for the
multiple importation of
hazardous wastes or other wastes
may subject to the written
consent of the States concerned
be granted to the same disposer
for a maximum period of one
year, if
(a)
the hazardous wastes or other
wastes have the same physical
and chemical characteristics,
(b)
the hazardous wastes or other
wastes are shipped regularly
through the same customs office
and through the same entry
customs office of the importing
country,
(c)
in the case of transit, the
hazardous wastes or other wastes
is imported through the same
customs port of entry and exit
of the State of transit, and
(d)
the States concerned agreed to
grant a similar authorisation.
(3) The importer shall inform
the Agency on receipt of each
shipment of the hazardous waste
or other waste and provide the
details of. the hazardous wastes
or other wastes as specified in
the notification document.
(4) The Minister may, at any
time after issuing the written
authorization for the
importation of the hazardous
wastes or other wastes, revoke
the permit if the Minister on
the advice of the Agency has
reason to believe that the
hazardous waste or other wastes
will not be managed in an
environmentally sound manner.
Exportation of hazardous wastes
or other wastes
3.
(1) The Minister shall on the
advice of the Agency grant a
written authorisation to a
person to export hazardous
wastes or other wastes where
(a)
the Republic does not have the
technical capacity, suitable
disposal sites and other
necessary facilities for the
disposal of the hazardous waste
or other waste in an
environmentally sound manner;
(b)
the hazardous wastes or other
wastes to be exported is
required as raw material for
recycling or to a recovery
industry in the State that
desires the waste;
(c)
the exportation of the hazardous
wastes or other wastes is in
accordance with an agreement or
arrangement that con- forms to
the requirements specified under
Article 11 of the Basel
Convention;
(d)
the exporter has formally
applied for the transboundary
movement of the hazardous wastes
or other wastes and has provided
the Agency with the information
requested in the notification
form specified in the Second
Schedule including details on
labelling in relation to the
hazardous wastes or other wastes
that is intended to be exported;
(e)
an adequate contract exists
between the exporter and the
disposer specifying
environmentally sound management
of the hazardous waste or other
waste to be exported;
(f)
the packaging, labelling and
transportation of the hazardous
wastes or other wastes are in
conformity with recognized
international rules, standards
and practices; and
(g)
the written consent of the
Competent Authority of the other
States concerned have been
received by the exporter.
(2) In the case of exporting the
hazardous wastes or other wastes
through a State
(a)
where the State does not have a
policy on the grant of written
consent or has waived the
requirement of written consent,
the Minister or generator shall
make a request to the transit
State to transport the hazardous
waste or other waste through
that State; and
(b)
it shall be presumed that the
transit State has given its con-
sent for the hazardous wastes or
other wastes to be exported
through that State subject to
any conditions imposed and
objections raised by that State
within sixty days of receipt of
the request.
(3) Where the Minister grants an
authorization under subsection
(1) for the multiple export of
hazardous wastes or other wastes
the authorisation shall subject
to the written consent of the
States concerned, be valid for a
maximum period of one year, if
(a)
the hazardous wastes or other
wastes have the same physical
and chemical characteristics,
(b)
the hazardous wastes or other
wastes are shipped regularly to
the same disposer through the
same customs office and through
the same entry customs office of
the State importing the waste,
(c)
in the case of transit, the
hazardous wastes or other wastes
is exported through the same
customs office of entry and exit
of the State or States of
transit, and
(d)
the States concerned agree to
grant a similar permit.
(4) A person shall not export
hazardous wastes or other wastes
from the Republic
(a)
to any State which has imposed a
ban on the import of hazardous
waste and other waste and has
given notice of the ban to the
Republic or the Secretariat of
the Basel
Convention;
(b)
to any State which does not have
the capacity to dispose of the
hazardous wastes or other wastes
in an environmentally sound
manner; or
(c)
to any State which is not a
party to the Basel Convention
unless that State is a party to
(i) a bilateral, multilateral or
regional agreement to which the
Republic is a party; or
(ii) an arrangement with the
Republic which specifies that
the hazardous waste or other
wastes shall be disposed of in
an environmentally sound manner
as stipulated in the Basel
Convention.
(5) A person who contravenes
subsection (4) commits an
offence and is liable on summary
conviction to a fine of not less
than two thousand five hundred
penalty units and not more than
five thousand penalty units or
to a term of imprisonment of not
less than one year and not more
than ten years or to both.
Notification procedure for
transboundary movements
4.
(l) Transboundary movements of
hazardous wastes or other wastes
are subject to the following:
(a)
the person in charge of the
transboundary movement shall
sign a movement document
specified in the Third Schedule
which shall accompany the
hazardous waste or other wastes;
and
(b)
the hazardous wastes or other
wastes shall be covered by
insurance, a bond or other
guarantee.
(2) The Agency shall give notice
or request the exporter to give
notice, in writing to the
competent authority of the State
of import concerned, in a
language acceptable to the
competent authority of that
State.
(3) The notification shall
contain detailed information as
required by Annex VA of the
Basel Convention.
(4) Where the States concerned
consent to a transboundary
movement of hazardous wastes or
other wastes and the agreement
cannot be completed in
accordance with the terms of the
contract, the Agency shall
require the exporter to
re-export the hazardous wastes
or other wastes if alternative
arrangements cannot be made for
the disposal of the hazardous
wastes or other wastes in an
environmentally sound manner
(a)
within ninety days from the time
that the competent authority of
the State of import informed the
Agency or the generator and the
Secretariat of the Basel
Convention,
or
(b)
any other period of time that
the parties concerned may agree.
Transit of hazardous wastes or
other wastes
5.
(1) A person shall not transit
hazardous wastes or other wastes
through the Republic except with
the written consent of the
Minister.
(2) The Minister may refuse to
give consent for the transit of
the hazardous wastes or other
wastes but shall give reasons
for the refusal.
(3) The competent authority of
the State of export of a
proposed movement of hazardous
wastes or other wastes through
the Republic shall, not less
than three months before the
export give notice to the Agency
of the movement of the hazardous
wastes or other wastes
(4) The notice shall be in the
English language and include
details of
(a)
the final destination of the
hazardous waste or other waste,
(b)
a timetable specifying expected
dates of transit through the
Republic,
(c)
proof that the exporter, carrier
and disposer are authorized to
carry out the operations in
question in relation to the
hazardous waste or other waste
at the designated site or
facility for the disposal of the
hazardous waste or other waste.
(d)
information specifying emergency
procedures in case of accidents,
and
(e)
information related to
insurance.
(5) The labelling and packaging
of the hazardous wastes or other
wastes shall conform to
international standards.
Sealing
7. (1) Where the Minister has
reason to believe that an area,
site, facility or premises is
being used for the disposal of
hazardous wastes or other
wastes, the Minister may on the
advice of the Agency order the
sealing up of the area, site
,facility or premises and
publish it in the Gazette
or in two national dailies of
wide circulation .
(2) A person who without the
approval or authorisation of the
Minister enters the area, site,
facility or premises sealed by
the order of the Minister,
commits an offence and is liable
on summary conviction to a fine
of not less than five thousand
penalty units and not more than
fifteen thousand penalty units
or to a term of imprisonment of
not less
than two years and not more than
five years or to both.
(3) The Minister may after
sealing up an area, site,
facility or premises order that
any hazardous wastes or other
wastes found in the area be
destroyed or disposed of in an
environmentall sound manner.
(4) The sealing up of an area,
site, facility or premises shall
be for
the period that the Minister may
direct.
(5) A person aggrieved by the
order of the Minister may apply
to the Minister within ten days
after the order for a review of
the decision of the Minister.
(6) The Minister may, after
considering the application
revoke the order or take an
appropriate decision.
Assisting persons to escape
8. A person who, knowing that
another person has committed an
offence under this Act assists
that other person to avoid
arrest or prosecution commits an
offence and is liable on summary
conviction to a fine of not less
than two thousand penalty units
and not more than sixty thousand
penalty units or to a term of
imprisonment of not less than
one year and not more than ten
years or to both.
Power of search, seizure and
arrest
9. (1) A law enforcement officer
may
(a)
enter and search any land,
premises, facility, or vehicle
and seize any substance
suspected to be hazardous wastes
or other wastes found on that
land, premises, facility, or
vehicle; and
(b)
arrest a person on whose land,
premises, facility, carrier or
vehicle a substance suspected to
be hazardous wastes or other
wastes are found.
(2) A person who is in
possession of hazardous wastes
or other wastes is for the
purposes of this Act the
importer of that hazardous
wastes or other wastes and is
liable to the penalty specified
under section 1, unless that
person satisfies the Court that
that person did not have
knowledge of the hazardous
wastes or other wastes on the
land,
premises, facility or vehicle.
Samples for testing
10. A law enforcement officer
shall forward to the Agency,
samples of any substance
suspected to be hazardous wastes
or other wastes which comes into
the possession of the officer in
the course of the performance of
the functions of the officer for
tests to determine its
components.
Exclusion of diplomatic immunity
11. The immunity from
prosecution conferred on a
person by article 3 of the
Diplomatic Immunities Act, 1962
(Act 148) does not extend to a
crime committed under this Act
by that person.
Obligations of the Agency
12. The Agency shall
(a)
monitor the management of
hazardous wastes and other
wastes in order to prevent any
harmful effects of these wastes
on human health and the
environment;
(b)
encourage the adoption of new
environmentally sound
technologies aimed at minimizing
the generation of hazardous
wastes and other wastes;
(c)
ensure that adequate recovery
and disposal facilities are
located as close as possible to
the sites of generation of
hazardous wastes and other
wastes and if appropriate, that
an integrated network of the
facilities is established;
(d)
endeavor to establish funding
arrangements for assistance in
emergency situations at both the
national, regional and district
levels; and
(e)
take, encourage and facilitate
preventive measures.
Management Act, 2016
Management of hazardous wastes
or other wastes
13.
(1) A person involved in the
management of hazardous wastes
or other wastes shall
(a)
take the steps that are
necessary to prevent pollution
from hazardous wastes and other
wastes arising from the
management; and
(b)
where pollution occurs, minimize
the consequences of the
pollution on human health and
the environment.
(2) The Agency shall ensure that
hazardous wastes or other wastes
are not mixed with non-hazardous
wastes or other wastes unless
the generator, collector,
storer, transporter or disposer
proves that the mixing of the
waste is environmentally sound.
(3) The Agency shall not allow
hazardous wastes or other wastes
to be transported from the site
of generation unless
(a)
the packaging and containers for
the transport of the hazardous
waste or other wastes are
labelled in a clearly visible
form; and
(b)
it is accompanied by the
respective movement document.
Database
of written authorization
14.
The Agency shall maintain a
database of written
authorisation granted by the
Minister under this Act.
Insurance cover
15.
A person who generates,
collects, stores, transports or
disposes of hazardous wastes or
other wastes shall maintain an
adequate insurance cover in
respect of the management of the
hazardous wastes or other wastes
.
Register of hazardous wastes and
other wastes
16.
(1) A holder of a permit shall
maintain a register to record
(a)
the quantity, type, quality and
origin of hazardous wastes or
other wastes generated,
collected, stored, transported,
recovered or disposed of by the
holder of the permit; and
(b)
submit to the Agency each year
information related to the
preceding year.
(2) The Agency shall inspect the
register at least once in every
three
months.
Control and management of
Polychlorinated Biphenyls
Polychlorinated biphenyls
17.
(1) The provisions on the
control and management of
hazardous wastes and other
wastes as provided under section
1 to 16 shall apply to
polychlorinated biphenyls with
the necessary modification.
(2) A person shall not import
polychlorinated biphenyls into
the country.
(3) A person who contravenes
subsection (2) commits an
offence and is liable on summary
conviction to a fine of not less
than ten thousand penalty units
and not more than sixty-thousand
penalty units or to a term of
imprisonment of not more than
ten years or to both, and in
addition the person shall
re-export the polychlorinated
biphenyls.
Phase out period
18.
(1) The phase-out date for
polychlorinated biphenyls that
remain in use in equipment such
as transformers, capacitors or
other receptacles containing
liquid stocks is the year 2025.
(2) The Agency shall ensure that
the holders of
(a)
equipment containing
polychlorinated biphenyls take
inventory and provide storage
facilities for the
polychlorinated biphenyls during
the phase out period; and
(b)
keep and update the inventory
until the end of the phase out
period in the year 2025.
Classification of
polychlorinated biphenyls
waste
19.
Polychlorinated biphenyls waste
shall be classified in
accordance with the Fourth
Schedule.
PART TWO - ELECTRICAL AND
ELECTRONIC WASTE
Electrical and Electronic waste
levy
Electrical and electronic waste
levy
20.
(1) A person shall not import or
export or cause to be imported
or exported used or discarded
electrical or electronic
equipment, unless that person
(a)
is registered with the Agency;
(b)
obtains a permit from the Agency
to import or export the
electrical or electronic
equipment,
(c) pays the advanced eco levy
specified in the Fifth Schedule
in respect of the items
specified in the Fifth Schedule
(2) A manufacturer of electrical
or electronic equipment or an
importer of new electrical or
electric equipment shall pay an
advance eco levy in respect of
an electrical or electronic
equipment specified in the Fifth
Schedule that is manufactured in
or imported into the country.
(3) Despite subsection (1), the
Agency may grant a permit to a
person to import used or
discarded electrical or
electronic equipment for
purposes of recycling without
paying an advanced eco levy.
(4) A person who contravenes
sub-section (1) or (2) is liable
to pay an administrative penalty
equivalent to twice the amount
of the levy payable in respect
of the electrical or electronic
equipment.
Designation ofExtemal Service
Provider
21. (1) The Minister shall in
consultation with the Minister
responsible for Finance
designate an External Service
Provider to collect the advance
eco levy.
(2) The External Service
Provider shall serve on an
importer or manufacturer of
electrical or electronic
equipment in the exporting
country the assessable advance
eco levy payable in respect of
the electrical or electronic
equipment .
Requirements for wholesalers,
distributors and retailers
22. (1) A retailer, distributor
or wholesaler shall retain a
copy of the receipt of payment
made by the importer or
manufacturer of electronic
equipment imported into the
country or manufactured in the
country which is in the custody
of or sold by the retailer,
distributor or wholesaler.
(2) A retailer, distributor or
wholesaler who is a manufacturer
of electronic equipment shall
register with the Agency
particulars of electronic
equipment manufactured or
assembled in the country.
(3) Where the retailer,
distributor or wholesaler is not
the manufacturer of the
electronic equipment made in or
assembled in the country, the
wholesaler, distributor or
retailer of the electronic
equipment shall
(a)
register with the Agency the
particulars of the manufacturer
of the electronic equipment; and
(b)
the particulars of the
electronic equipment received
from the manufacturer.
Electrical and Electronic Waste
Management Fund
Establishment of the Fund
23. There is established by this
Act an Electrical and Electronic
Waste Management Fund.
Object of the Fund
24. (1) The object of the Fund
is to provide finance for the
management of electrical and
electronic waste and reduce the
adverse impact of electrical and
electronic waste on human health
and the environment.
(2) To achieve its object,
moneys from the Fund shall be
used
(a)
to provide support for the
construction and maintenance of
electrical and electronic waste
recycling or treatment plants;
(b)
to support research into methods
of electrical and electronic
waste preservation, prevention
and control;
(c)
for research into electrical and
electronic waste treatment and
recycling;
(d)
for publication of reports;
(e)
for education of the public on
the safe disposal of electrical
and electronic waste and the
negative effects of electronic
waste;
(f)
to offer incentives for
collection, transportation and
disposal of electronic waste;
(g)
for monitoring, compliance and
enforcement;
(h)
for training;
(i)
for the collection, safe
disposal and recycling of
electrical and electronic waste;
(j)
for matters related to hazardous
wastes and other wastes; and
(k)
any other matter necessary to
achieve the object of the Fund.
Sources of money for the Fund
25. The sources of money for the
Fund include
(a)
levies including the advance
recycle eco levy collected in
respect of items specified in
the Fifth Schedule;
(b)
any other moneys received from
other sources or that may in any
manner become lawfully payable
and vested in the Fund;
(c)
grants, donations, gifts and
other voluntary contributions;
and
(d)
moneys approved by Parliament.
Bank accounts for the Fund
26. (1) Moneys for the Fund
shall be paid into bank accounts
that shall be opened for the
Fund with the approval of the
Controller and
Accountant-General.
(2) Moneys received in respect
of the Fund shall be paid
directly into the bank accounts
of the Fund opened under
subsection (1).
Appointment of Administrator and
management of the Fund
··27. The Fund shall be managed
by an Administrator appointed by
the President in accordance with
article 195 of the Constitution.
Disbursement from the Fund
28. The funds shall be disbursed
as follows:
(a)
twenty per cent of the funds
shall be allocated for the
collection of electrical and
electronic waste and collection
centres;
(b)
forty per cent of the funds
shall be allocated for the
construction and management of
electrical and electronic waste
recycling plant and related
facilities;
(c)
twenty- per cent of the funds
shall be allocated to the Agency
for activities in furtherance of
the object of this Act;
(d)
ten per cent of the funds shall
be allocated to the Ministry
responsible for Environment;
(e)
five per cent of the funds shall
be allocated for research and
development in public awareness
creation, education and
sensitisation at the national,
regional, district and community
level;
(f)
three and a half per cent of the
funds shall be used for
monitoring activities in
furtherance of this Act;
(g)
one percent of the funds shall
be allocated to key trade
associations and manufactures of
electrical and electronic
equipment for capacity building;
and
(h)
0.5% for the administrative
expenses of the Fund.
Accounts and Audit
29. (1) The Aministrator shall
keep books of accounts and
proper records of the Fund in a
form approved by the
Auditor-General.
(2) The books of account shall
be audited by the Auditor-Genral
within three months after the
end of each financial year.
(3) In addition to the annual
audit, technical audits shall be
conducted on selective basis by
the Auditor-General.
(4) In addition to the annual
audit, technical audits shall be
conducted on selective basis by
the Auditor-General.
Annual Report
30. (1) The Administrator shall
submit t the Minister within six
months at the end of each
financial year a report dealing
generally with the activities
and operation of the Fund during
the year to which the report
relates.
(2) The report shall include
(a)
the audited accounts of the Fund
and the Auditor-Genral's report
on the accounts of the Fund; and
(b)
any other information that the
Minister considers necessary.
(3) The Minister shall within
two months after the receipt of
the annual report submit the
report to Parliament with a
statement that the Minister
considers necessary.
Electrical and Electronic Waste
Recycling Plants and other
provisions
Establishment of recycling
facilities
31. The Minister, on the advise
of the Agency may make
arrangements for the
establishment of electrical and
electronic waste recycling
plants and related facilities in
the country.
Obligation of taking back
32. A manufacturer, distributor
or wholesaler of electrical or
electronic equipment shall take
back used or discarded
electrical or electronic
equipment manufactured or sold
by it for recycling purposes.
Obligation ofrecyc1ing and
disposal
33. A person who is responsible
for the recycling and disposal
of an electrical or electronic
equipment shall ensure that the
disposal is carried out in an
environmentally sound manner.
Enforcement notice
34. (1) Where the Agency has
reasonable grounds for
suspecting that any of the
requirements of this Part have
not been complied with, an
enforcement notice shall be
served by the Agency or the
appropriate authority on the
defaulting person.
(2) The notice shall
(a)
state the specified requirement
of this Part which has been
contravened; and
(b)
request the defaulting person to
comply with the necessary
requirements and provide
evidence to the Agency or the
appropriate authority that the
requirements of this Part have
been complied with within thirty
days of receipt of the notice.
(3) A person who fails to comply
with an enforcement notice shall
pay an administrative penalty of
not more than two thousand five
hundred penalty units to the
Agency
Delegation.
35. The Minister may delegate
the functions of the Minister
under this Act to the Agency.
Regulations
36. The Minister, in
consultation with the Agency and
other relevant national
authorities may by legislative
instrument make Regulations for
(a)
the application procedures for
permits;
(b)
the establishment of a Hazardous
Wastes and Electronic Wastes
Management Committee;
(c)
the classification, control and
management of waste;
(d)
the disposal of hazardous wastes
or other wastes;
(e)
matters relating to
polychlorinated biphenyls;
(f)
the management of bio-medical
waste; and
(g)
the effective implementation of
this Act.
Interpretation
37. In this Act unless the
context otherwise requires
"Agency" means the Environmental
Protection Agency established
under the Environmental
Protection Agency Act, 1994 (Act
490);
"analysis" means the extraction,
purification, separation,
identification, quantification,
and reporting of polychlorinated
biphenyls concentrations in the
matrix of interest;
"approved site or facility"
means a site or facility
authorised or permitted by the
Agency for the disposal of
hazardous wastes or other
wastes;
"after-care of disposal site"
means the after-care of a site
which is still in operation as
well as of a site which is no
longer in operation;
"area" means any land, marine
area or air space within which
the Republic exercises
administrative and regulatory
responsibility, as regards the
protection of human health or
the environment;
"Basel Convention" means the
Base 1 Convention on the Control
of Transboundary Movement of
Hazardous Wastes and their
Disposal adopted on March 22,
1989 and entered into force on
1992;
"carrier" means a person who
transports hazardous wastes and
other wastes by means of
conveyance such as trucks, taxi
auto, bus, airplane, train, or
ship;
"collection" includes the
environmentally sound mixing,
bulking and sorting of wastes
and interim storage at an
approved site or facility for
hazardous wastes and other
wastes as well as waste
generated in small quantities
within the Republic;
"collection" includes the
environmentally sound mixing,
bulking and sorting of wastes
and interim storage at an
approved site or facility for
hazardous wastes and other
wastes as well as waste
generated in small quantities
within the Republic;
"commercial building" means an
enclosed structure that is used
for the selling of goods and the
provision of services and is
open to the public and includes,
but is not limited to malls,
restaurants, schools, hotels,
offices, including government
buildings and the like;
"Court" means a Court of
competent jurisdiction;
"disposer" means a person to
whom hazardous wastes or other
wastes are shipped and who
carries out the disposal of the
wastes;
"distributor" means any person
who is a wholesaler or retailer
of electronic goods with an
annual turnover of ten thousand
Ghana cedis;
"electrical and electronic
waste" means discarded
electronic equipment inclusive
of all components, subassemblies
and consumables which are part
of the product at the time of
discarding;
"energy recovery" means the use
of combustible waste as a means
of generating energy through
direct incineration with or
without other waste but with
recovery of the heat;
"environmentally sound disposal"
means disposal in a manner which
will project human health and
the environment against the
adverse effects of the hazardous
wastes and other wastes;
"environmentally sound
management" means taking
practicable steps to ensure that
hazardous wastes or other wastes
are managed in a manner which
will protect human health and
the environment against the
adverse effects which may result
from the wastes;
"environmentally sound manner"
means in a manner which will
protect human health and the
environment against the adverse
effects which may result from
hazardous wastes and other
wastes;
"equipment" means electrical and
electronic equipment that is
dependent on electric currents
or electromagnetic fields in
order to work properly,
including components that can be
removed from equipment and can
be tested for functionality and
either be subsequently directly
reused or reused after repair or
refurbishment;
"exporter" means a person under
the jurisdiction of the State of
export who arranges for
hazardous wastes or other wastes
to be exported;
"External Service Provider"
means an entity that is or has
at any time been engaged under
section 21 of this Act to
collect the advance eco levy
from ewaste exporting countries;
"facility" means a site,
building, structure,
installation equipment, pipe or
pipeline, well, pit, pond,
lagoon, ditch, landfill, storage
container, motor, vehicle,
rolling stock or aircraft
in which an act prohibited by
this Act occurs but does not
include a vessel;
"generator" means a person whose
activity produces hazardous
wastes or other wastes or a
person who is in possession or
control of those wastes;
"hazardous wastes" means wastes
that belong to any category
contained in the schedule
(categories of wastes to be
controlled), unless they do not
possess any of the
characteristics contained in the
schedule (list of hazardous
characteristics) and wastes that
do not belong to any category
contained in the schedule
(categories of wastes to be
controlled) but are defined as,
or considered to be, hazardous
wastes by the
domestic legislation of the
party of export, import or
transit under the Basel
Convention and material regarded
as a hazardous waste in one
country may not in another
country
be regarded as hazardous;
"industrial facility" means a
facility including factories,
power generation or distribution
stations or sub-stations,
assembly plants, feed mills and
other buildings and structures
used in general industrial
assembly;
"illegal traffic" means any
unauthorised transboundary
movement of hazardous wastes or
other wastes;
"import" means any entry into
the national territory other
than entry for transit;
"importer" means a person who,
in the ordinary course of
business imports electronic
equipment into the Republic or
arranges for hazardous waste or
other wastes to be imported into
the Republic;
"law enforcement officer"
includes a nominated Customs
Officer, a member of the Ghana
Armed Forces, a designated
officer or an inspector of the
Environmental Protection Agency,
the Port Health Authority, the
Ghana Atomic Energy Commission
and personnel of other
institutions authorised in
writing by the Minister who
shall have the same powers,
authority and privileges of a
police officer;
"disposer" means a person to
whom hazardous wastes or other
wastes are shipped and who
carries out the disposal of the
wastes;
"distributor" means any person
who is a wholesaler or retailer
of electronic goods with an
annual turnover of ten thousand
Ghana cedis;
"electrical and electronic
waste" means discarded
electronic equipment inclusive
of all components, subassemblies
and consumables which are part
of the product at the time of
discarding;
"energy recovery" means the use
of combustible waste as a means
of generating energy through
direct incineration with or
without other waste but with
recovery of the heat;
"environmentally sound disposal"
means disposal in a manner which
will project human health and
the environment against the
adverse effects of the hazardous
wastes and other wastes;
"environmentally sound
management" means taking
practicable steps to ensure that
hazardous wastes or other wastes
are managed in a manner which
will protect human health and
the environment against the
adverse effects which may
\result from the wastes;
"environmentally sound manner"
means in a manner which will
protect human health and the
environment against the adverse
effects which may result from
hazardous wastes and other
wastes;
"equipment" means electrical and
electronic equipment that is
dependent on electric currents
or electromagnetic fields in
order to work properly,
including components that can be
removed from equipment and can
be tested for functionality and
either be subsequently directly
reused or reused after repair or
refurbishment;
"exporter" means a person under
the jurisdiction of the State of
export who arranges for
hazardous wastes or other wastes
to be exported;
"External Service Provider"
means an entity that is or has
at any time been engaged under
section 21 of this Act to
collect the advance eco levy
from ewaste exporting countries;
"facility" means a site,
building, structure,
installation equipment, pipe or
pipeline, well, pit, pond,
lagoon, ditch, landfill, storage
container, motor, vehicle,
rolling stock or aircraft
in which an act prohibited by
this Act occurs but does not
include a vessel;
"generator" means a person whose
activity produces hazardous
wastes or other wastes or a
person who is in possession or
control of those wastes;
"hazardous wastes" means wastes
that belong to any category
contained in the schedule
(categories of wastes to be
controlled), unless they do not
possess any of the
characteristics contained in the
schedule (list of hazardous
characteristics) and wastes that
do not belong to any category
contained in the schedule
(categories of wastes to be
controlled) but are defined as,
or considered to be, hazardous
wastes by the
domestic legislation of the
party of export, import or
transit under the Basel
Convention and material regarded
as a hazardous waste in one
country may not in another
country
be regarded as hazardous;
"industrial facility" means a
facility including factories,
power generation or distribution
stations or sub-stations,
assembly plants, feed mills and
other buildings and structures
used in general industrial
assembly;
"illegal traffic" means any
unauthorised transboundary
movement of hazardous wastes or
other wastes;
"import" means any entry into
the national territory other
than entry for transit;
"importer" means a person who,
in the ordinary course of
business imports electronic
equipment into the Republic or
arranges for hazardous waste or
other wastes to be imported into
the Republic;
"law enforcement officer"
includes a nominated Customs
Officer, a member of the Ghana
Armed Forces, a designated
officer or an inspector of the
Environmental Protection Agency,
the Port Health Authority, the
Ghana Atomic Energy Commission
and personnel of other
institutions authorised in
writing by the Minister who
shall have the same powers,
authority and privileges of a
police officer;
"management" means the
collection, transport, treatment
and disposal of hazardous wastes
and other wastes and the
after-care of disposal sites;
"manufacturer" means any person
who assembles or produces an
electronic equipment in the
Republic;
"Minister" means the Minister
responsible for the Environment;
"other wastes" means wastes
collected from households or
residues arising from the
incineration of household wastes
and classified under the first
schedule as categories of wastes
requiring special consideration
or waste that possess any of the
characteristics contained in the
list of hazardous
characteristics specified in the
first schedule
"person" for purposes of
liability includes
(a)
an owner or operator of a vessel
or facility used to perform acts
identified in this Act as
prohibited acts;
(b)
persons who by contract,
agreement or other means
indulges in acts identified in
this Act as prolubited acts.
"polluter-pays principle" means
the principle by which the
polluter bears the cost of
measures to reduce pollution
according to the extent of
either the damage done to
society or the exceeding of an
acceptance level or standard of
pollution;
"polychlorinated biphenyls"
means discarded materials that
contain polychlorinated
biphenyls or have been
contaminated with
polychlorinated biphenyls, that
are without any safe commercial,
industrial, agricultural or
economic usage;
"polychlorinated biphenyls
equipment" means any equipment
that contains 50ppm
polychlorinated biphenyls;
"polychlorinated biphenyls
waste" means contaminated
solvent or water, used oil and
waste oil, sludges and slurries,
dredged spoils, contaminated
soils or sediments, by products,
scraps, ballasts and capacitors,
other materials contaminated
with polychlorinated biphenyls
as a result of spills,
decommissioning and other
demolition activities;
"stored for future use,
safekeeping or disposal;
"used equipment" means
electrical and electronic
equipment that is directly
reused for the purpose for which
it was originally intended or
presented for sale, or
transported across borders for
the purpose of being put back to
direct reuse or sold to end
consumers for such reuse and is
considered waste if:
(a)
the equipment is destined for
disposal or recycling instead of
being transported with the
intent of reuse or its fate is
uncertain;
(b)
the equipment is not complete -
essential parts are missing and
the equipment cannot perform its
essential key functions;
(c)
it shows a defect that
materially affects its
functionality and fails relevant
functionality tests;
(d)
it shows physical damage that
impairs its functionality or
safety, as defined in relevant
standards, and cannot be
repaired at reasonable cost;
(e)
the protection against damage
during transport, loading and
unloading operations is
inappropriate, for example the
packaging or stacking of the
load is insufficient;
(f)
the appearance is particularly
worn or damaged, thus reducing
the marketability of the item;
(g)
the item has among its
constituent parts hazardous
components that are required to
be disposed of or are prohibited
to be exported or prohibited for
use;
(h)
the equipment is destined for
disposal or recycling instead of
reuse or its fate is uncertain;
(i)
there is no regular market for
the equipment;
(j)
it is destined for disassembly
to gain spare parts; or
(k)
the price paid for the items is
significantly lower
that is a value approaching $0
than would be expected from a
fully functional equipment
intended for reuse;
"vessel" means a watercraft or
other artificial contrivance
which
is used or is capable of being
used as a means of transpor-
tation on water;
"wastes"means substances or
objects, which are disposed of
or are intended to be disposed
of or are required to be
disposed of; and
"waste electrical and electronic
equipment" means electrical or
electronic equipment that is
waste, including all components,
sub-assemblies and consumables
which are part of the equipment
at the time the equipment
becomes waste .
"vessel" means a watercraft or
other artificial contrivance
which is used or is capable of
being used as a means of
transportation on water;
"wastes"means substances or
objects, which are disposed of
or are intended to be disposed
of or are required to be
disposed of; and
"waste electrical and electronic
equipment" means electrical or
electronic equipment that is
waste, including all components,
sub-assemblies and consumables
which are part of the equipment
at the time the equipment
becomes waste.
Yl4 Waste chemical substances
arising from research and
development or teaching
activities which are not
identified and/or are new and
whose effects on man and/or the
environment are not known
Yl5 Wastes of an explosive
nature not subject to other
legislation
Yl6 Wastes from production,
formulation and use of
photographic chemicals and
processing materials
Yl7 Wastes resulting from
surface treatment of metals and
plastics
Yl8 Residues arising from
industrial waste disposal
operations
(B) WASTES HAVING AS
CONSTITUENTS:
Yl9 Metal carbonyls
Y20 Beryllium; beryllium
compounds
Y21 Hexavalent chromium
compounds
Y22 Copper compounds
Y23 Zinc compounds
Y24 Arsenic; arsenic compounds
Y25 Selenium; selenium compounds
Y26 Cadmium; cadmium compounds
Y27 Antimony; antimony compounds
Y28 Tellurium; tellurium
compounds
Y29 Mercury; mercury compounds
Y30 Thallium; thallium compounds
Y31 Lead; lead compounds
Y32 Inorganic fluorine compounds
excluding calcium fluoride
Y33 Inorganic cyanides
Y34 Acidic solutions or acids in
solid form
Y35 Basic solutions or bases in
solid form |
