The Environmental Protection Act, 2025 (Act 1124) represents a significant shift in Ghana’s approach to environmental governance. This new law completely replaces the older Environmental Protection Act of 1994 (Act 490), marking a bold step forward in addressing climate change and carbon management.
For over 30 years, Act 490 served as the foundation for environmental regulation in Ghana. It established the Environmental Protection Agency (EPA) and laid out guidelines for pollution control and environmental impact assessments. However, it was not equipped to handle modern challenges like climate finance or carbon markets. With the rise of global awareness about climate issues, Ghana needed an updated framework that recognized these new realities.
Act 1124 goes beyond simply updating the old law; it creates a comprehensive legal structure for climate governance. Here are some of the act’s crucial features:
Strengthened Authority
The Act transitions from the EPA to the Environmental Protection Authority, giving it broader powers and responsibilities. Now, environmental professionals must be certified, ensuring higher standards and accountability in environmental practices.
Unified Legal Framework
In a major breakthrough, Act 1124 consolidates various environmental laws, including those related to hazardous waste and pesticides, into one cohesive statute. This integration simplifies compliance for businesses and provides clearer guidance on responsibilities.
Climate Governance and Carbon Markets
One of the most groundbreaking aspects of the Act is its establishment of a legal framework for carbon markets. It includes provisions for carbon pricing and creates bodies like the Ghana Carbon Registry to track carbon credits. This sets the stage for Ghana to engage in international carbon trading, which could open up new financial opportunities.
Enforceable Environmental Principles
The Act codifies important environmental principles, such as the “polluter pays” principle and sustainable development. These principles can now directly impact legal decisions, making them enforceable in the courts.
Increased Penalties for Non-Compliance
Under Act 1124, penalties for environmental violations have been raised significantly. This shift aims to deter companies from ignoring regulations, shifting the mindset from treating fines as mere operational costs.
With these changes, NGOs and businesses must adapt quickly. For NGOs, this means shaping policies around carbon rights and ensuring that vulnerable communities are not overlooked. For businesses, the urgency lies in compliance and seizing competitive advantages in a rapidly evolving market.
Recent surveys indicate that 70% of businesses recognize the economic benefits of engaging in sustainability practices. Companies that act swiftly to comply with Act 1124 could be well-positioned to tap into climate finance and enhance their reputation with consumers and investors.
In conclusion, the Environmental Protection Act, 2025 is more than a regulatory update; it’s a framework for Ghana’s future in a climate-aware world. How stakeholders engage in the coming months will significantly influence the act’s impact on environmental justice and economic opportunity.
