Chemical law
What the National Environment Act actually says about chemicals
Part VI of the Act, not Part VIII, governs hazardous chemicals. Here is what each key section requires.
The National Environment Act Cap. 181 continues the National Environment Management Authority (NEMA) as the lead agency for environmental management. For anyone who imports, stores, uses or sells chemicals, the core duties sit in Part VI, Sound management of chemicals and products containing chemicals.
The four core sections
| Section | What it requires |
|---|---|
| s. 70 | Chemicals in Schedule 8 are prohibited or restricted, and the Minister can restrict others by statutory instrument. No one may deal in adulterated or deteriorated chemicals, or in chemicals packed in damaged containers. No one may supply or misuse chemicals to harm people or the environment. |
| s. 71 | NEMA sets criteria for classifying hazardous chemicals. Regulations must cover registration, labelling, packaging, advertising, import and export, use, storage, transport, disposal, spill monitoring and a national register. The Hazardous Chemicals Regulations, 2024 are made under this section. |
| s. 72 | Hazardous chemicals must be registered with NEMA, and the register is open to the public. |
| s. 73 | A NEMA licence is required to import, export, use, manufacture, store or sell hazardous chemicals. |
Other sections that apply to chemical users
- s. 75: management of ozone-depleting substances, with detailed rules in S.I. No. 48 of 2020.
- ss. 78–79: a general prohibition of pollution. A polluter must stop the pollution, notify NEMA and the lead agency, clean up, restore the site and compensate.
- ss. 89–91: any activity likely to cause acute pollution needs an emergency preparedness and response system with a contingency plan. Incidents must be reported immediately to the police, NEMA and the lead agency.
- ss. 96 and 102: the duty to manage waste, and the classification of hazardous waste.
- ss. 110–114: environmental and social impact assessment and environmental risk assessment.
- s. 161: offences for unlawful dealings in hazardous chemicals.
A common mistake. Many reports cite "sections 96–101" as the Act's chemical provisions. Those sections cover waste duties, littering, extended producer responsibility and the import, export and transboundary movement of waste. They are relevant to chemical waste, but not to chemical registration or licensing.
What to do
- Confirm every hazardous chemical on site is registered and covered by a NEMA licence.
- Check that no Schedule 8 chemical is in your inventory.
- Remove expired, deteriorated or poorly packed stock from use.
- Make sure your emergency plan meets s. 89: it needs a written contingency plan, sized to your actual risk.
Section numbers are from the National Environment Act, No. 5 of 2019. Confirm them against the Cap. 181 text.
How INRC can help
INRC reviews chemical management against the National Environment Act Cap. 181 as part of our environmental audits and ESIAs. We check registrations, licences, storage and emergency plans, and set out what needs to change. Contact us to discuss your site.
This article is general guidance, not legal advice. Check current legislation and regulations for your specific project.