Environmental Protection Authority (EPA) Mandate Expanded in Ghana

Ghana's environmental regulatory landscape has undergone a significant transformation with the enactment of the Environmental Protection Act, 2025 (Act 1124) and its accompanying Environmental Protection (Environmental Assessment) Regulations, 2025 (L.I. 2504). This new framework consolidates existing laws, expands the mandate of the Environmental Protection Authority (EPA), and introduces stringent compliance requirements for businesses and environmental practitioners. Key developments include mandatory certification for environmental management professionals, intensified nationwide compliance enforcement, and the integration of climate change considerations into environmental impact assessments. Legal professionals must advise clients on navigating these enhanced regulatory obligations to avoid severe sanctions and ensure sustainable operations.

The Republic of Ghana has ushered in a new era of environmental governance with the recent enactment of the Environmental Protection Act, 2025 (Act 1124) and the subsequent gazetting of the Environmental Protection (Environmental Assessment) Regulations, 2025 (L.I. 2504). These landmark legislative instruments represent a comprehensive overhaul of the nation's environmental protection framework, replacing the Environmental Protection Agency Act, 1994 (Act 490) and the Environmental Assessment Regulations, 1999 (L.I. 1652) respectively. The reforms are designed to strengthen regulatory oversight, integrate climate change considerations, and enhance accountability across all sectors impacting Ghana's environment.

This pivotal development significantly expands the powers and responsibilities of the Environmental Protection Authority (EPA) and introduces a more rigorous compliance regime for businesses, developers, and environmental management practitioners. The new legal architecture aims to address contemporary environmental challenges, including climate change, plastic pollution, and illegal mining, by fostering sustainable practices and ensuring robust enforcement. For legal practitioners, understanding the nuances of Act 1124 and L.I. 2504 is paramount to effectively advise clients on navigating the evolving regulatory landscape and mitigating potential legal and financial risks.

The article will delve into the core provisions of the new Act and Regulations, examining their implications for environmental assessments, practitioner certification, and enforcement actions. It will highlight the expanded mandate of the EPA and outline the critical steps businesses and environmental professionals must take to ensure compliance and contribute to Ghana's sustainable development agenda.

Prior to the new legislation, Ghana's environmental protection efforts were primarily governed by the Environmental Protection Agency Act, 1994 (Act 490), which established the EPA, and the Environmental Assessment Regulations, 1999 (L.I. 1652), which set out the framework for Environmental Impact Assessments (EIAs). While these instruments laid foundational principles, they were increasingly seen as inadequate to address the complexities of modern environmental challenges, including rapid industrialisation, climate change impacts, and escalating waste management issues.

The Environmental Protection Act, 2025 (Act 1124), assented to on January 6, 2025, consolidates and amends existing environmental laws, providing a more robust and integrated framework. It formally designates the EPA as the national authority for administering climate change instruments and establishes the Ghana Carbon Registry to promote carbon credit trading and climate action. The Act also introduces stricter controls on pesticides, hazardous waste, and e-waste, reflecting a comprehensive approach to environmental management. Complementing this, the Environmental Protection (Environmental Assessment) Regulations, 2025 (L.I. 2504), published in 2025, modernise the EIA process, expanding its scope to include climate change, biodiversity, and social risk considerations, and strengthening public participation requirements.

The Environmental Protection Act, 2025 (Act 1124), significantly broadens the EPA's regulatory and enforcement powers. Under this new framework, the EPA is now explicitly mandated to mainstream climate change responses into national development planning and to integrate climate change disaster risk reduction into strategies for addressing loss and damage. This expanded mandate requires developers not only to minimise environmental harm but also to demonstrate how their projects will mitigate their contribution to climate change, marking a fundamental shift in the scope of environmental due diligence.

A critical development for environmental professionals is the EPA's announcement, effective January 6, 2026, of plans to certify and register Environmental Management Practitioners. Section 31(1) of Act 1124 empowers the Authority to certify qualified environmental experts and firms, maintaining an official register of approved practitioners. Only certified practitioners will be authorised to offer environmental management services under the new law, promoting transparency and accountability within the profession.

The Environmental Protection (Environmental Assessment) Regulations, 2025 (L.I. 2504), introduce a more stringent environmental assessment regime. A notable directive, effective June 1, 2026, makes environmental permits mandatory for all reclamation and restoration activities, including mine reclamation, restoration of degraded lands, dredging, and rehabilitation of abandoned mining sites. This applies to mining companies, contractors, landowners, and developers, underscoring the EPA's commitment to ensuring sustainable restoration practices.

In a clear signal of intensified enforcement, the EPA launched a nationwide Special Environmental Compliance Enforcement and Monitoring Exercise on January 10, 2026. This exercise targets all regulated undertakings, requiring businesses to possess valid environmental permits or licenses in accordance with Act 1124 and L.I. 2504. The EPA has warned that operating without a valid permit, with an expired permit, or in breach of permit conditions will attract severe sanctions, including administrative penalties, fines, closure of operations, or prosecution. This proactive enforcement stance highlights the Authority's commitment to ensuring full adherence to environmental laws.

Furthermore, the new framework under Act 1124 supports specific policy directives aimed at tackling pressing environmental issues. For instance, the EPA announced a phased prohibition on the production, importation, sale, and use of Styrofoam products, effective January 1, 2027. This decision, stemming from a 2025 policy declaration, is a direct measure to combat plastic pollution and promote environmentally sustainable waste management practices, demonstrating the practical application of the new legislative powers.

The Environmental Protection Act, 2025 (Act 1124), and the Environmental Protection (Environmental Assessment) Regulations, 2025 (L.I. 2504), represent a paradigm shift in Ghana's environmental governance. For legal practitioners, it is imperative to recognise that these instruments are not merely updates but a fundamental restructuring of environmental law, demanding a proactive approach to compliance. Clients must be advised to immediately review their operations, environmental management systems, and permitting status to align with the new requirements.

Practitioners should guide clients on the implications of mandatory environmental permits for reclamation activities, the expanded scope of EIAs to include climate change considerations, and the critical need to engage only certified environmental management professionals. The intensified enforcement drive by the EPA signals a zero-tolerance approach to non-compliance, making robust legal counsel and adherence to the new framework indispensable for businesses operating in Ghana. Staying abreast of further guidelines and regulations issued under Act 1124 will be crucial for ensuring ongoing compliance and fostering sustainable business practices in this evolving regulatory landscape.