II. INSTITUTIONAL ARRANGEMENTS FOR INTEGRATING ENVIRONMENTAL CONCERNS
H. Institutional arrangements under the proposed Sustainable Development Act
Under the proposed Sustainable Development Act a new institutional structure will be established. The key institution will be NCSD which will be required to "provide effective and coordinated decision-making on sustainable development planning, policies and implementation programmes, and where necessary to provide for environmentally sound and sustainable resource use and allocation".
NCSD will comprise senior representatives from government ministries and departments as well as representatives from statutory organizations, the business community, NGOs and academic institutions. The composition of NCSD is seen as providing opportunities for establishing cooperation between the different stakeholders.
The proposed Act will also establish additional powers, duties and functions for the Department of the Environment. Those functions will be reinforced by the establishment of EMUs within every ministry, department or agency. The Department of the Environment will administer a Environmental Trust Fund for the financing of such expenditures as debt for nature swaps, national parks and eco-tourism areas, and necessary expenses incurred in carrying out an EIA.
A Sustainable Development Tribunal will also be established with jurisdiction and powers conferred by the Act or any other related Act. It will have all the powers inherent in a Court of Record. The Tribunal will be responsible for solving any environmental or sustainable development disputes, and for arbitrating in any claim for environmental damages. The key element of the Act, however, is the establishment of Sectoral Environmental Units in all sectors impacting on the environment. The units will formulate and implement sectoral environmental policies and procedures that are in line with national policies set by NCSD.