June 11, 2025
The Environmental Protection Agency Act of 1994 (Act 490) (Act 490) was enacted to establish the Environmental Protection Agency and address environmental issues. Since its enactment, there have been significant changes in the environmental landscape of Ghana and a rise in global concerns about climate change, highlighting the need to update the law. Therefore, it was essential to revise the primary environmental legislation to align with current trends and address Ghana’s international commitments on matters related to climate change. The Environmental Protection Act 2025 (Act 1124) (the Act) was passed to address these changes in the environmental landscape.
Below are the highlights of this new legislation:
- Setting up the new Environmental Protection Authority
The Act creates a new body- the Environmental Protection Authority (the Authority), to replace the Environmental Protection Agency (EPA).[1] The Act vests all rights, assets and liabilities accrued by the EPA in the Authority.[2] A notable addition is the certification of environmental management practitioners by the Authority to provide environmental management services[3] including consultancy, engineering, materials management, arboriculture, environmental assessment, environmental sciences and product design.[4] The Authority is mandated to maintain a register of certified individuals or firms.
- Consolidating laws relating to environmental protection
The Act consolidates all existing environmental legislation. It thus repeals the Hazardous and Electronic Waste Control and Management Act, 2016 (Act 917) and incorporates its provisions. Part two of the Act covers pesticide control and management, part three deals with hazardous waste and other waste, and part four regulates electrical and electronic waste.
- Provision for climate change
One of the most significant developments in the Act is the introduction of legislation governing climate change in part five. This encompasses the establishment of the Ghana Carbon Registry, the Carbon Market Committee and the Mitigation Fund.[5]
The Authority is required to work with relevant stakeholders to develop and integrate climate change strategies into national, sectoral, and district plans, to protect the economy, ecology, and communities from long-term impacts.[6] The Authority is designated as the national authority for Ghana’s carbon market (voluntary or otherwise), non-market approaches and domestic carbon pricing instruments.[7] The Authority must also coordinate the preparation, review and communication of international climate change reports,[8] and facilitate the effective implementation of climate change measures.[9]
The Act establishes the Ghana Carbon Registry, a digital platform designed to serve as a comprehensive database for carbon market project activities both within the country and internationally. It tracks the transfer and use of internationally transferred mitigation outcomes (ITMOs). ITMOS is a real, additional and verified reduction in greenhouse gas emissions or removal of greenhouse gas from the atmosphere, measured in metric tonnes of carbon dioxide equivalent per methodologies approved under the Paris Agreement rules and generated by a specific mitigation activity from 2021 onwards.[10] The Ghana Carbon Registry also facilitates the listing and registration of mitigation activities and voluntary carbon market projects and maintains a record of all ITMO-related activities and issued ITMOs. Additionally, the registry hosts and provides public access to all information and activities related to ITMOs.[11]
The Carbon Market Committee has oversight over procedures regarding the development, approval, implementation and assessment of mitigation activities and associated technologies.[12] The Act also sets up a Mitigation Fund to provide financial support for the generation of and investing in mitigation outcomes for the country, among other objectives.[13]
While these advancements introduced under the Act are commendable, there is still significant work to be done to help investors structure their green investments effectively. As private and international organisations, as well as countries, have started investing in green projects in Ghana, a pertinent concern is the legal framework governing carbon rights. In the current legal framework, there is a lack of clarity about carbon ownership. It would seem that under the current legal framework, the owner of a project owns the related carbon credits. Some legislative guidance in this area would provide clarity to investors in carbon transactions. Hence, the Minister responsible for the environment should consider introducing regulations regarding carbon rights and ownership, as anticipated under the Act.[14]
- Guiding principles for the implementation of the Act
Part six of the Act outlines guiding principles that illustrate Ghana's environmental protection agenda and its engagement with other nations in the global battle against climate change. These guiding principles are intended to guide compliance with the Act: [15]
- common but differentiated responsibility: which posits that while all states are responsible for addressing global environmental destruction, not all states are equally responsible for the environmental destruction. This principle ensures that Ghana maintains its fair share of environmental responsibility;
- intergenerational equity: Ghana must meet the needs of the present generation without compromising the ability of future generations to meet the needs of the future generations. Posterity must not be impoverished by current actions;
- precautionary principle: where there are threats of damage to the environment, whether serious or irreversible, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation. The precautionary principle is a key concept in international environmental law. It encourages erring on the side of caution when activities or policies might harm the environment or human health, even without definitive scientific evidence of such harm;
- the polluter pays principle: a polluter bears all the costs incurred in the prevention or control of damage caused by any pollution originating from the polluter. This principle is also evident in some sector specific environmental protection laws, such as those for the maritime and upstream petroleum industry; and
- sustainable development: human development goals must be balanced with the ability of natural systems to provide the natural resources and ecosystem services on which the economy and society depend.
- Increased punishment for contraventions of the Act
Administrative penalties for non-compliance with enforcement notices have been increased to GHS 12,000 for small-scale undertakings and GHS 60,000 for large-scale undertakings.[16] Non-compliance with enforcement notices is also a crime which, on conviction, may result in a fine of GHS 180,000 and/or ten years’ imprisonment.[17] Manufacturing, selling or using an unregistered pesticide exposes the offender to an initial fine of up to GHS 120,000 and/or two years’ imprisonment.[18] It is commendable that the penalties for various offences have been increased to serve as a deterrent.
Conclusion
The Act addresses the key environmental issues faced by a developing economy and reflects Ghana’s commitment to upholding its international obligations through the integration of international environmental law principles in the Act. This, combined with other policy actions of the Government, such as the Ministry of Finance’s “Ghana Green Finance Taxonomy”, which seeks to guide investments towards a sustainable and climate-resilient economy, makes Ghana a pacesetter in the advancement of positive environmental policies in the sub-region.
[1] Environmental Protection Act 2025 (Act 1124), section 1
[2] id, section 172
[3] id, section 31
[4] id, section 44
[5] id, part 5
[6] id, section 144
[7] id, section 148
[8] id, section 149
[9] Id, section 147
[10] id, section 160
[11] id, section 150
[12] id, section 152
[13] id, section 154
[14] id, section 159(f)
[15] id, section 161 and 170
[16] id, section 35(4) and thirteenth schedule
[17] id, section 35(7)
[18] id, section 47(3)
