The Environmental Protection Act 2025 (Act 1124) was enacted on 6th January 2025 to replace the Environmental Protection Act, 1994 (Act 490). Act 1124 consolidates the various legislations that regulate environmental protection in the country, such as the Hazardous and Electronic Waste Control and Management Act, 2016 (Act 917) and the Pesticides Control and Management Act, 1996 (Act 528). Act 1124 also establishes the Environmental Protection Authority to regulate, protect, co-ordinate, and exercise general oversight over climate change and environmental matters.
Establishment of the Environmental Protection Authority
Act 1124 amends the name of the regulator from the Environmental Protection Agency to the Environmental Protection Authority (the “Authority”) and confers additional powers on the Authority beyond the issue of environmental permits. Among others, Act 1124 now mandates the Authority to:
a. certify environmental management practitioners and service providers to ensure standardization in the entire environmental protection value chain;[1]
b. publish an official bulletin, the Environmental Bulletin (the “Bulletin”), and in addition register pesticides, pesticides products and industrial chemicals that are used, sold, imported or exported out of the country, in accordance with the Pesticides Control and Management Act;[2]
c. oversee the implementation of Ghana’s commitment under Article 6 of the Paris Agreement. This involves promoting the mitigation of greenhouse gas emissions and incentivizing both the public and private sectors to participate in the mitigation of greenhouse emissions[3];
d. ensure compliance with the provisions of the Act with the power to (a) initiate and conduct the prosecution of environment-related offences, upon obtaining the approval of the Attorney-General, or (b) close any premises where an environmentally polluting activity is taking place for a maximum period of three weeks.
[1] Section 3(c)(iii) of the Environmental Protection Act, 2025 (Act 1124)
[2] Section 167 of Act 1124 and Section 1 of the Pesticides Control and Management Act, 1996 (Act 528)
[3] Article 6, paragraph 4, Paris Agreement
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