Senegal: The Innovations of Law No. 2023-15 of 20 August 2023 on the Senegalese Environmental Code

Senegal has made substantial updates to its environmental legal framework to better address current legal, socio-economic, and environmental realities while aligning with international standards. Senegal has adopted the new Environmental Code in 2023, which replaces the 2001 version, to address challenges arising from increased production activities, demographic pressures, and natural resource extraction.

The new Environmental Code, structured into seven main titles, aims to improve environmental management by addressing gaps in the previous legislation. These deficiencies include obsolete classifications of ecologically sensitive facilities, insufficient environmental assessment protocols, a lack of restrictions on hazardous materials and waste, and the need for thorough contingency plans. The new code also aims to be consistent with the core tenets of environmental law.

The revised Code also takes into account various international environmental agreements, such as the Montego Bay Convention, Basel Convention, Bamako Convention, Abidjan Convention, UN Framework Convention on Climate Change, Rotterdam Convention, and Stockholm Convention on Persistent Organic Pollutants. These agreements have underscored the need for an updated environmental management framework in Senegal.

The new code offers clearer legal definitions and concepts to better reflect current realities. Enhanced procedures now include environmental and social impact assessments, initial environmental assessments, and environmental audits for all development projects. Additionally, it creates specific funding for mining site restoration and environmental preservation. These funds are intended to oversee mining, oil, and gas operations as well as support environmental preservation initiatives. The establishment of these funds, which are mostly funded by external sources, responds to the state budget's insufficiency in handling the effects of climate change.

The introduction of a stricter framework for managing chemicals and waste includes the establishment of a national chemicals management commission. Strict rules for the transport of dangerous goods have been set to minimise risks to people, property, and the environment. The Code introduces financial fines and remedies, including facility closures, and establishes that legal entities are legally accountable for environmental offences. Before starting company’ activities, it requires to go through an environmental evaluation and receive an environmental compliance certificate. Senegal's environmental management has advanced significantly with the introduction of the new Environmental Code. It improves the legal framework to more effectively handle environmental concerns by bringing the nation's laws into line with current and global difficulties.

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