| The Environment Management Act, 2002 Part I – Introductory Provisions
PART I – INTRODUCTORY PROVISIONS Short title and commencement 1. This Act may be cited as the Environment Management Act, 2002, and shall come into force on the date or dates appointed by the Minister by notice in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of the Act. Interpretation 2. (1) In this Act, unless the context otherwise requires: “Act” means this Act and any regulations made under it, and includes regulations made under the Swaziland Environment Authority Act, 1992 that continue to be in force under this Act; “adverse effect” means any harmful or detrimental effect on the environment, whether actual or potential that- a. is, or may in future be, more than trivial or insignificant; b. impairs, or may in future impair, human health; or c. results in, or may in future result in, an impairment of the ability of people and communities to provide for their health, safety, and cultural and economic well-being, that is more than trivial or insignificant; and d. the risk of a potential adverse effect occurring shall be deemed to be significant if either it is reasonably likely that the adverse effect may occur, or if it is unlikely that the adverse effect will occur but if it did occur it would be serious or irreversible; “air” means air not enclosed by a building, machine, chimney or other such structure; “Authority” means the Swaziland Environment Authority established under section 11; “Board” means the Management Board of the Authority referred to in section 13; “body corporate” includes a company, firm, partnership, municipal corporation, or other legal person; “contaminant” includes any substance, solid, liquid, gas, micro-organism, noise, vibration, heat, radiation or other energy, or thing, or combination of them that has or has the potential to have an adverse effect, or any thing deemed to be a contaminant under the regulations; “clinical waste” means any waste defined as clinical waste under section 47; “Director” means the Director of the Swaziland Environment Authority appointed under section 17; “discharge” includes the emission, deposition, disposal, addition or introduction into the environment of a contaminant directly or indirectly from any point source or diffuse source, whether stationary or mobile, and whether caused or permitted intentionally or unintentionally; “effect” in relation to the environment, includes any actual, potential, temporary, permanent, or cumulative effect that is more than trivial or insignificant; “environment” means the whole or any component of: a. nature, including air, land, water, soils, minerals, energy other than noise, and living organisms other than humans; b. the interactions between the components of nature and between those components and humans; c. physical, aesthetic and cultural qualities or conditions that affect the health and well-being of people, and unless the context otherwise requires, refers only to the environment within the territory of Swaziland or over which Swaziland exercises rights of sovereignty, and “environmental” has a corresponding meaning; “Environmental Management Strategy” is a broad course of action or initiatives designed to make the best use of resources and opportunities aimed a promoting, enhancing, protecting and conserving the environment; “Fund” means the Swaziland Environment Fund established under section 20; “hazardous substance” includes any pesticide, herbicide or other biocide, radioactive substance, chemical, or other substance and any micro-organism or energy form that has properties that, either by themselves or in combination with any other thing, make it hazardous to human health or safety, or to the environment, and includes any substance, micro-organism or energy form defined by regulation as a hazardous substance, and excludes any substance, micro-organism or energy form deemed by regulation not to be a hazardous substance; “hazardous waste” means any waste defined as hazardous waste under section 47; “land” includes the surface and subsurface of any land, whether or not it is covered by water; “Libandla” means the General Council comprising of such members of the Swazi nation as the Ngwenyama may consult; “litter” means any waste that is discarded in any public place or vacant land, other than in a designated waste receptacle; “local authority” means a municipal council or a town council established under Part II of the Urban Government Act 1969, or a town board established under Part XIII of that Act, and in relation to a company town, means the company that controls the town; “Minister” means the Minister responsible for environmental affairs; “Ministry ” means the Ministry responsible for environmental affairs; “natural resources” means any component of nature, capable of being utilised by humans and includes air, land, water, soils, minerals, energy, living organisms other than humans, and genetic resources, and for the purposes of this definition, “genetic resources” means any material of plant, animal, microbial or other origin containing functional units of heredity, of any actual or potential value; “occupier” means, in relation to any land or premises, any person in actual occupation, in charge of, or responsible for managing, the land or premises, and includes a person occupying a portion of Swazi Nation land with the permission of a Chief, and in respect of Swazi Nation Land that has not been allocated to a particular person, means the Chief of that area; “organ of Government” means any part of the Government or of local government including a Ministry, a Government department, a municipal council, a town council, and a town board or an inkhundla; “person” includes any natural or legal person, an organ of Government, and a Public Body; “premises” means any building or part of a building, and any other structure used to accommodate people, and the land used or occupied in connection with it; “project” means an enterprise, undertaking or activity, or a proposal or plan for a new enterprise, undertaking or activity or to significantly change an enterprise, undertaking or activity, and includes a plan, operation, undertaking, construction, development, change in land use, or alteration that may not be implemented without a permit, licence, consent or approval issued by or on behalf of a Minister, Public Officer, an organ of Government or a Public Body; “proponent” means the Government, public body, a private member’s Bill mover of corporate body responsible for a Bill, regulation, policy, programme, or plan defined in section 31; “Public Body” means an organisation that exercises public functions but is not an organ of Government and to the extent that it exercises public functions, includes a body answerable to the Ngwenyama and a public enterprise as defined in section 2 of the Public Enterprises (Control and Monitoring) Act, 1989, and a subsidiary of a public enterprise; “Public Officer” means a Public Officer as defined in the Civil Service Order, No. 16 of 1973; “public policy, plan or programme” means a policy, programme or plan which relates to the whole country or a specific region of the country, and which has been formulated by, or will be implemented by, an organ of Government or a public body and without limitation includes policies, programmes and plans relating to national development, the spacial and structural development of urban and rural areas, land use, livestock, transport, the exploitation of minerals, industrial development, water utilisation, and agriculture, and revisions of any of these defined in section 31; “recover” in relation to waste, means to recycle, re-use or reclaim waste or any other activity which is undertaken with a view to extracting secondary raw materials or generating heat or any other form of energy from waste, and “recovery” has a corresponding meaning. “regulations,” except where otherwise indicated, means the regulations made under this Act; “special waste” means hazardous waste and clinical waste; “strategic environmental assessment” and “assessment” means an assessment of the positive and adverse effects that implementation of legislation or of a public policy, programme, or plan is likely to have an impact on the enhancement, protection, and conservation of the environment and on the sustainable management of natural resources defined in section 31; “sustainable management” means protecting and managing the use of natural resources, in a manner that, while enabling people and communities to provide for their health, safety, and social, cultural and economic well-being: a. safeguards the life-supporting capacity of air, water, soil and ecosystems; b. maintains the life-supporting capacity and quality of air, water, soil, and ecosystems, including living organisms, to enable future generations to meet their reasonably foreseeable needs; and c. avoids the creation of adverse effects wherever practicable, and where adverse effects cannot be avoided, mitigates and remedies adverse effects as far as practicable; “urban area” means an area within the jurisdiction of a local authority; “waste” means any substance or thing that the holder discards or disposes of, or intends or is required to discard or dispose of, irrespective of its value to any person, and any substance or thing deemed by a regulation to be waste; and for the purposes of this definition: “holder” means a person in possession of the waste, or a person whose activities produced the waste, or a person who carried out pre-processing, mixing or other operations that changed the nature or composition of the waste; “water” means water in all its physical forms wherever it occurs; (2) In this Act, if a penalty is specified: a. without qualification at the foot of a section; or b. at the foot of a subsection but not at the foot of the section; or c. at the foot of a section and expressed to apply to a specified subsection, then, unless the contrary is expressly provided, that specification indicates that a contravention of the section or subsection, or of the specified subsections, is an offence and that offence is punishable on conviction by a penalty not exceeding that specified. Application 3. This Act binds the State and all persons over which or over whom the State has jurisdiction. |
PART II – FUNDAMENTAL PURPOSE AND PRINCIPLES
Purpose
4. The purpose of this Act is to provide for and promote the enhancement, protection and conservation of the environment and where appropriate, the sustainable management of natural resources.
Environmental Principles
5. In achieving the purpose of this Act, the following principles shall be applied:
a. the environment is the common heritage of present and future generations;
b. adverse effects should be prevented and minimised through long term integrated planning and the co-ordination, integration and co-operation of efforts, which consider the entire environment as a whole entity;
c. the precautionary principle, which requires that where there is a risk of serious or irreversible adverse effects occurring, a lack of scientific certainty should not prevent or impair the taking of precautionary measures to protect the environment;
d. the polluter pays principle, which requires that those causing adverse effects shall be required to pay the full social and environmental costs of avoiding, mitigating, and/or remedying those adverse effects;
e. the generation of waste should be minimised wherever practicable;
f. waste should, in order of priority, be re-used, recycled, recovered and disposed of safely in a manner that avoids creating adverse effects or if this is not practicable, is least likely to cause adverse effects;
g. non-renewable natural resources should only be used prudently, taking into account the consequences for the present and future generations; and
h. renewable resources and ecosystems should only be used in a manner that is sustainable and does not prejudice their viability and integrity.
Duty to give effect to purpose and principles
6. (1) Any person or body exercising powers or functions or making decisions under this Act shall give effect to the purpose of this Act and the principles listed in section 5.
(2) Any Cabinet Minister, Government Officer or other person exercising a public function who, in the course of exercising that public function, is required to take any action, make a decision, or create, revise, or implement any policy, plan, strategy, legislation, guideline, or procedure, that is likely to affect the protection, conservation or enhancement of the environment or the sustainable management of natural resources in Swaziland shall have regard to, apply and provide for the principles mentioned in section 5 in exercising that public function.
(3) At the written request of any person, the person or body referred to in subsections (1) or (2) shall confirm in writing within 60 days of receipt of the request, whether or not the purpose referred to in section 4 and the principles referred to in section 5 have been given effect to or applied in respect of a particular matter, and if so, how, and if not, the reasons why not.
(4) Any person who is dissatisfied with a written response given under subsection (3) may, within 30 days, lodge an application for review with the Minister in accordance with section 82.
Environmental Management Strategy
7. (1) Within twelve months of the entry into force of this Act, each Cabinet Minister shall ensure that an Environmental Management Strategy for each Government Ministry for which the Cabinet Minister is responsible, is prepared and submitted to the Authority for approval.
(2) The Board shall consider each Environmental Management Strategy submitted to it and as soon as reasonably possible shall either notify the Government Ministry concerned that it has approved the Strategy or of the ways in which the Board requires the Strategy to be amended in order for the Board to approve it.
(3) After the Board has approved a Strategy, the Government Ministry concerned shall, within six months of the date of approval, publish the Strategy in the Gazette and start implementing it.
(4) Each Strategy shall include the following:
a. a description of the principal effects that the activities regulated by the Government Ministry have or may have on the environment and the sustainable management of natural resources;
b. a description of the principal effects that the activities of the Government Ministry have or may have on the environment and the sustainable management of natural resources;
c. a statement of the objectives of the Strategy, which shall be designed to further the achievement of the purpose of this Act and the National Environment Mgmt Action Plan referred to in section 30; and
d. a description of the practical measures that the Government Ministry will take to give effect to the purpose referred to in section 4 and the principles referred to in section 5, and to ensure that it exercises its functions in a way that helps to achieve the objectives of the Strategy.
(5) Each Government Ministry shall review its Environmental Management Strategy at least once every three years and shall publish a report on that review in the Gazette.
(6) Each review report shall include:
a. an assessment of the effects that activities in the sector regulated by the Government Ministry have had on the environment and the sustainable management of natural resources over the previous five years, and an assessment of future trends in this regard;
b. an assessment of the effects that the activities of the Government Ministry have had on the environment and on the sustainable management of natural resources, over the previous five years;
c. an assessment of the extent to which the objectives of the Strategy have been achieved and the effectiveness of the Strategy in assisting the Ministry to apply the principles set out in section 5;
d. recommendations for improving the Strategy; and
e. proposed amendments to the Strategy or a draft of a new Strategy that takes into account the assessments noted in the review.
PART III – ADMINISTRATION
Powers of the Minister
8. The Minister may, in order to give effect to the purpose of this Act:
a. subject to the prior approval of the Ngwenyama acting in Libandla and the Cabinet, enter into any agreement on behalf of Swaziland relating to the protection, conservation or enhancement of the environment and the sustainable management of natural resources, whether within Swaziland, within a particular region, or globally;
b. provide grants and loans to organisations established to provide for and promote the protection, conservation and enhancement of the environment, for the purpose of carrying out any function that advances the purpose of this Act, provided that the provision of any funds is made subject to appropriate conditions to ensure that the funds are properly applied for the purpose for which they were granted;
c. convene conferences on the protection, conservation and enhancement of the environment and the sustainable management of natural resources;
d. appoint the Director in accordance with subsection 13(4) and members of the Board;
e. dismiss a member of the Board on the grounds set out in subsection 16(2);
f. on the advice of the Board, establish and publish standards, codes of practice, guidelines and procedures;
g. on the advice of the Board, set and publish ambient environmental quality objectives; and
h. by order in writing served on any organ of Government or Public Body, require that organ of Government or Public Body to use its statutory powers to improve ambient environmental quality and to give effect to the purpose of this Act.
Swaziland Environment Authority
9. The Swaziland Environment Authority is established as a body corporate with perpetual succession to be the successor to the Swaziland Environment Authority established under the Swaziland Environment Authority Act, 1992.
Powers of the Authority
10. The Authority may:
a. acquire, hold and dispose of real and personal property;
b. sue and be sued; and
c. as far as possible for a body corporate, exercise the rights, powers and privileges and incur the liabilities and obligations of a natural person of full age and capacity.
Constitution and Proceedings of the Authority
11. (1) The proceedings and constitution of the Authority is governed by Schedule 1.
(2) Subject to the provisions of this Act the Authority may regulate its own proceedings.
Functions of the Authority
12. (1) The Authority shall exercise the functions conferred on it under this Act in order to provide for and promote the protection, conservation and enhancement of the environment and the sustainable management of natural resources.
(2) The functions of the Authority are:
a. to institute measures for the implementation of this Act both alone and in co-operation with other public bodies, organs of government, non-governmental organisations, private sector organisations, and members of the public;
b. to monitor the implementation of the Act and assess its effectiveness in improving the level of protection, conservation and enhancement of the environment and the sustainable management of natural resources, and to advise the Minister on ways of giving effect to the purpose of the Act more effectively;
c. to assist the Minister in formulating policies relating to the environment and the sustainable management of natural resources;
d. to advise and to make recommendations to the Minister and the Government either upon request or on its own initiative, on matters relating to the protection, conservation and enhancement of the environment and the sustainable management of natural resources;
e. to develop in cooperation with other organs of Government, as appropriate, economic measures that encourage the sustainable management and use of natural resources and the enhancement, protection and conservation of the environment;
f. to administer the Swaziland Environment Fund in accordance with the policies and directions of the Board of the Fund;
g. to administer licences issued under the Act in accordance with the provisions of this Act;
h. to prepare a national waste strategy;
i. to give directions to local authorities regarding their functions relating to the collection and disposal of waste in urban areas, and to perform the waste management functions listed in section 44;
j. give general and/or specific directions to local authorities, in order to promote the protection, conservation and enhancement of the environment and the sustainable management of natural resources;
k. to liaise with bodies concerned with matters relating to the protection, conservation and enhancement of the environment and the sustainable management of natural resources;
l. to monitor trends in the state of the environment and to prepare reports on the state of the environment for consideration and approval by the Minister;
m. to prepare National Environment Mgmt Action Plans as defined in section 30, for consideration and approval by the Minister and to promote their implementation;
n. to review environmental impact assessment reports and strategic environmental assessments reports;
o. to undertake and promote research into matters relevant to the protection, conservation and enhancement of the environment and the sustainable management of natural resources;
p. to promote, in collaboration with other appropriate bodies and organisations, training, education and public awareness programmes relating to the protection, conservation and enhancement of the environment and the sustainable management of natural resources;
q. to disseminate and facilitate public access to information on the environment including creating and maintaining an environmental information registry in accordance with section 50;
r. to facilitate public involvement in decision making concerning the environment including establishing procedures to facilitate the submission of comments on licence applications under this Act;
s. to recommend environmental standards, codes of practice, guidelines and legislation to the Minister and the Government;
t. to publish guidelines, codes of practice and other information relating to the protection and conservation of the environment and the sustainable management of natural resources;
u. to conduct inspections and take other measures to monitor compliance with this Act and to conduct investigations into alleged contraventions of this Act;
v. to take all reasonably practical measures, to enforce this Act and other environmental protection legislation either alone or in co-operation with relevant bodies and police forces, including issuing and enforcing orders and prosecuting offences; and
w. to perform other functions incidental or conducive to the exercise by the Authority of any of the above functions or which are assigned to it by the Minister in order to further the purpose of this Act.
Management Board
13. (1) The Authority has a Management Board which is the governing body of the Authority with the authority and responsibility to exercise and perform the functions conferred or imposed on the Authority under this Act.
(2) The Board shall comprise:
a. the Principal Secretary of the Ministry responsible for environmental affairs;
b. the Principal Secretary of the Ministry responsible for agriculture;
c. the Principal Secretary of the Ministry responsible for finance;
d. the Principal Secretary of the Ministry responsible for natural resources and energy;
e. a representative of the traditional authorities;
f. a person from a non-governmental organisation or association of such organisations which has as a main purpose the promotion of environmental protection and/or the sustainable management of natural resources, who shall be appointed from among persons nominated by such organisations;
g. a person involved in business in Swaziland who shall be appointed from among persons nominated from an organisation representing industry;
h. a person noted for the person’s special knowledge of, and interest in, environmental matters, who shall be appointed from among persons nominated by the public; and
i. the Director who shall serve as the Secretary of the Board but who may not vote.
(3) The members of the Board shall be appointed by the Minister and shall hold office upon terms and conditions determined by the Minister.
(4) Subject to section 16, a member of the Board referred to in paragraphs (f), (g) or (h) of subsection (2) shall hold office for a period of three years and shall be eligible for re-appointment.
(5) The Minister shall in writing request the bodies referred to in paragraphs (g) and (h) of subsection (2) to nominate, within 28 days of receiving the request, a person or persons for appointment to the Board, whenever the relevant position on the Board is vacant.
(6) The Minister shall publish a notice in the Gazette and in a national newspaper circulating in Swaziland at least once a week for two consecutive weeks requesting members of the public to nominate, within 60 days of the date the notice was first published, a person or persons for appointment to the Board whenever the position of member referred to in paragraph (i) of subsection (2) is vacant.
(7) If the Minister is not satisfied as to the suitability of a person nominated for appointment to the Board, the Minister may, by notice in writing to the nominating body, reject the nomination and request a further nomination, which request has the same effect as a request under subsection (5).
(8) If a nomination is not received by the Minister within the period requested, the Minister may appoint a person whom the Minister considers appropriate on the basis of their expertise in environmental matters and that person shall hold office as if nominated in accordance with subsection (5) or (6).
Remuneration of Board members
14. (1) Members of the Board and of any committee established by the Board shall be remunerated and paid fees and allowances as determined by the Minister by notice in the Gazette.
(2) Any remuneration, fees or allowances which may become payable under this section shall be paid out of the Consolidated Fund of the Government unless the Parliament has appropriated funds to the Authority for this purpose, in which case the Authority shall pay these amounts.
Chairperson of the Board
15. The Minister shall appoint a member of the Board to be the Chairperson and the Chairperson of the Board shall:
a. hold office for a period of 3 years upon terms and conditions determined by the Minister;
b. convene meetings of the Board at any reasonable time;
c. chair meetings of the Board; and
d. work closely with the Director to ensure the smooth operation of the Authority.
Vacation of office by members of the Board
16. (1) A member may resign by giving a signed notice of resignation to the Minister.
(2) The Minister shall remove a member from office upon being satisfied that the member:
a. is an unrehabilitated insolvent under any law relating to the insolvency of persons in Swaziland;
b. is, for whatever reason, permanently incapable of performing the duties of a member;
c. has been absent, without the leave of the Chairperson, from three consecutive meetings of the Board;
d. has been convicted of an offence against this Act or has been sentenced to a term of imprisonment of six months or more; and
e. has engaged in misconduct which is likely to bring the Board into public disrepute.
(3) A member whose term of office has expired shall nevertheless remain in office for not more than 6 months, until a successor comes into office, unless the member resigns or is removed from office.
Director
17. (1) The Minister, in consultation with the Board, shall appoint a Director of the Authority.
(2) The Director shall be appointed on terms and conditions specified by the Board.
(3) The Director is the chief executive of the Authority and is responsible for the management of the affairs of the Authority and the fulfillment of its functions, in accordance with policies and directions established by the Board.
(4) Without limiting the ambit of subsection (3), the Director shall:
a. report regularly to the Board on the performance of the functions of the Authority;
b. present an annual report, financial statements and a budget for the forthcoming year, to the Board for consideration and approval;
c. represent the Authority in its dealings with other organisations and organs of government;
d. supervise the employees and officers of the Authority; and
e. issue orders as provided for in this Act, and take other measures to give effect to the purpose of the Act and to implement and enforce its provisions.
Employees of the Authority
18. (1) The Minister, in consultation with the Civil Service Board, may at the request of the Director, order any Public Officer to be seconded to the Authority on terms and conditions specified in the order.
(2) The Authority may, with the approval of the Minister and of the Civil Service Board, offer any Public Officer seconded to the Authority, permanent employment on terms and conditions stipulated by the Board.
(3) The Director may, with the approval of the Board:
a. in writing appoint any person as an employee of the Authority;
b. in writing appoint any suitably qualified or experienced person as an Environment Officer and/or an Inspector;
c. in writing delegate to any Environment Officer or Inspector any power given to the Director by this Act or any other legislation; and
d. prescribe, limit or revoke an appointment or delegation.
Exemption from tax and other charges
19. Notwithstanding the provisions of any other law, the Authority is exempt from any liability to pay any tax, rates, or duty on documents in Swaziland.
Swaziland Environment Fund
20. The Swaziland Environment Fund is established as a body corporate with perpetual succession.
Powers of the Fund
21. Subject to regulations made under this Act, the Fund may-
a. acquire, hold and dispose of real and personal property;
b. sue and be sued; and
c. so far as possible for a body corporate, exercise the rights, powers and privileges and incur the liabilities and obligations of a natural person of full age and capacity.
Constitution and Proceedings of the Fund
22. The proceedings and constitution of the Fund shall be governed by regulations made under section 28.
Objects of the Fund
23. (1) The general objects of the Fund are:
a. to aggregate funds from different sources to ensure sustainable funding for programmes, projects and activities that provide for and promote the protection, conservation and enhancement of the environment and the sustainable management of natural resources;
b. to provide financial support for activities aimed at the enhancement, protection and conservation of the environment and the sustainable management of natural resources and supporting community participation in these activities; and
c. to enhance and restore the environment of Swaziland.
(2) Without limiting the generality of subsection (1), the Minister may by regulation detail more specific objects of the Fund.
(3) The Fund shall not be used to pay for the operating costs of the Authority, except that the Authority may charge the Fund for the costs of administering the Fund.
Management and Administration of the Fund
24. (1) The Fund shall be managed by a Board of Trustees comprising five trustees appointed by the Minister, of whom:
a. one is to be the Director;
b. two are to be nominated for appointment by the Board; and
c. two are to be persons of known integrity with knowledge of and experience in matters relating to environmental protection and/or sustainable management appointed after consultation with non-governmental organisations that have as a main purpose of their organisation, the promotion of environmental protection and/or the sustainable management of natural resources.
(2) The Trustees shall elect a member appointed in terms of subsection (1)(b) or (c) as Chairperson of the Board.
(3) A Trustee shall not be obliged to furnish security to any person or authority in connection with the exercise of powers or the performance of duties as a trustee of the Fund.
(4) The Fund is to be administered by the Authority in accordance with the directions and policy of the Board of Trustees.
Monies, accounts and audits
25. (1) The monies of the Fund shall consist of:
a. sums appropriated by Parliament for the purposes of the Fund;
b. donations, grants, gifts and subscriptions;
c. sums received from international, multilateral, bilateral, regional or local bodies or funds for the purpose of global, regional or local environmental protection or improvement measures;
d. income derived from investment made by the Fund and interest on loans made by the Fund; and
e. monies paid to the Fund as fines, penalties or costs imposed under this Act.
(2) The Fund shall keep proper books and other records of account and its financial records shall be audited by an auditor or auditors appointed by it with the approval of the Minister.
(3) The Fund shall within four months after the end of its financial year prepare an Annual Report on the activities of the Fund, which shall include an audited balance sheet, an audited statement of income and expenditure of the financial year, and any report by the auditors on its management and accounting practices, and shall submit it to the Minister and to the Minister responsible for Finance.
(4) The Minister shall cause the annual audited accounts of the Fund to be laid before Parliament within six months after the expiry of each financial year of the Fund.
Exemption from tax and other charges
26. Despite the provisions of any other law, the Fund, monies of the Fund and any income generated by the Fund shall be exempt from any tax, rates, or duty on documents in Swaziland.
Duration and dissolution of the Fund
27. (1) The Fund shall continue for an indefinite period and may only be dissolved by a resolution of Parliament or if it is insolvent.
(2) If the Fund is dissolved or finally liquidated any remaining assets shall be transferred to the Government.
Regulations
28. The Minister may make regulations regulating the Fund and, without prejudice to the generality of the foregoing, may make regulations providing for:
a. the specific objectives of the Fund;
b. the management and administration of the Fund;
c. the investment of the monies of the Fund;
d. the employees of the Fund;
e. the accounting and auditing of the Fund;
f. the monies of the Fund; and
g. the property of the Fund.