Zambia Development Agency (Amendment) Act, 2010

1. This Act may be cited as the Zambia Development Agency Shon title (Amendment)Act, 2010, and shall be read as one with the Zambia Act No. 11 DevelopmentAgency Act, 2006, in this Act referred to as principal Act. of2006

2. The principal Act is amended by the insertion immediately after sect\on eleven of the following new section: I IA. Where any judgment order is obtained against the Agency, no execution, attachment or process of any nature, shall be issued against the Agency· or against any property of the Agency, but the Agency shall cause to be paid out of its revenues such amount as may, by the judgment order, be awarded against the Agency to the person entitled to such amount.

3. The principal Act is amended by the repeal of Part X and the substitution therefor of the following new Part: PARTX LICENCES, PERMITS AND CERTIFICATES OF REGISTRATION

68. (I) A person who wishes to--- (a) develop any premises as a multi-facility economic zone; (b) operate a business enterprise in a multi-facility economic zone; (c) invest in any business enterprise; or (d) register a micro or small business enterprise; Insertion of new section IIA Immunity from execution of judgments against Agency assets Repeal and replacement of Part X Application for licence, permit or certificate of registration Single copies of this Act may be obtained from the.· Government Printer, P.O. Box 30136, 10101 Lusaka, Price K3,000 2 [ No.1 of2010 Zambia Development Agency (Amendment) shall apply to the Board for a licence, permit or certificate of registration, as the case may be, in the prescribed manner and form, upon payment of the prescribed fee, (2) The Board shall, within thirty days of receipt of an application under subsection (1 ), approve or reject the application. (3) Where the Board rejects an application under subsection (2), it shall within seven days of its decision, inform the applicant accordingly arid give the reasons therefor.

69. The Board shall, in considering an application for a licence, permit or certificate ofregistration under section sixty­ eight, have regard to- (a) the need to promote economic development and growth in Zambia; (b) the extent to which the proposed investment will lead to the creation of employment opportunities and the development of human resources; (c) the degree to which the project is export oriented; ( d) the impact the proposed investment is likely to have on the enviromnent and, where necessary, the measures proposed to deal with an adverse enviromnental consequence in accordancewith the Environmental Protection and Pollution Control Act; (e) the possibility of the transfer of technology; and (j) any other considerations that the Board considers appropriate.

70. (I) The Board shall, where it approves an application under section sixty-eight, issue on such terms and conditions as it may determine- ( a) a licence to develop premises as a multi-facility economic zone; (b) a permit to operate a business enterprise in a multi-facility economic zone; or (c) a certificate ofregistration as an investor or a micro or small business enterprise. Consideration of application for licence, permit or certificate of registration 1 Cap. 204 Issue of licence, permit or certificate of registration l Zambia Development Agency (Amendment) [ No. I of 2010 3 (2) Subject to section seventy-six, a licence, permit or certificate ofregistration is valid for a period often years from the date of issue.

71. The Board may vary or amend any condition of a licence, permit or certificate of registration- "(a) where there are changes relating to the investment, after consultation with the holder of the licence, permit or certificate of registration; or . (b) on an application by the holder ofthe licence, . permit or certificate ofregistration, to vaty the terms and conditions of the licence, permit or certificate ofregistration.

72. ( 1) Where a holder of a licence, permit or certificate of registration decides not to continue with any business to whichi the licence, permit or certificate of registration relates, the holder shall notify the Board in writing and shall agree with the Board on the terms and conditions of the surrender of the licence, permit or certificate of registration with particular reference to anything done or any benefit obtained under the licence, permit or certificate of registration. (2) Where a licence, permit or certificate ofregistration is surrendered under subsection (I), the licence, permit or certificate of registration shall lapse or be cancelled and the holder of the licence, permit or certificate ofregistration shall cease to be entitled to any benefits obtainable under the licence, permit or certificate ofregistration.

73. A holder of a licence, permit or certificate of registration shall not assign, cede or otheiwise transfer the licence, permit or certificate of registration to any other person without the prior approval of the Board.

74. (I) A holder of a licence, permit or certificate of registration may apply for the renewal of the licem;e, permit or certificate of registration, in the prescribed manner and form, upon payment of the prescribed fee. Variation or amendment of licence, pennit or certificate of registration Surrender of Jicence,_pennit or certificate of registration Prohibition to assign, cede or transfer licence, permit or certificate of registration Renewal of licence, permit or certificate of registration 4 [ No. 1 of 2010 Zambia Development Agency (Amendment) (2) The Board shall, where an applicant is not in breach of any provision of this Act or condition of a licence, permit or certificate of registration, renew the licence, permit or certificate of registration.

75. ( 1) The Board may suspend or revoke a licence, permit or certificate of registration, after due investigation, where the holder of the licence, permit or certificate ofregistration is given an opportunity to be heard, if the holder- Suspension or revocation of licence, permit or certificate of registration (a) obtained the licence, permit or certificate of registration by fraud, misrepresentation or any false or misleading statement; (b) assigns, cedes or otherwise transfers the licence, permit or certificate of registration to another person without the prior approval of the Board; (c) fails without reasonable explanation to implement the investmept described in the licence, permit or certificate of registration within the period stipulated or any extension in respect of any initial period stipulated; (� breaches or fails to comply with any terms or conditions of the licence, permit or certificate ofregistration; or (e) is convicted of an offence under this Act or any other law. • .. J· (2) The Board shall, before taking any action under subsection ( 1 ), notify the holder ofits intention to suspend or revoke the licence, permit or certificate of registration and the reasons therefor, an� call upon the holder to show cause, within such reasonable period as may be specified in the notice, why the licence, permit or certificate of registration should not be suspended or revoked. (3) If, on the expiration of the period specified in the notice given under subsection (2), and after considering any representations made by the holder of the licence, permit or certificate ofregistration, the Board is satisfied for any reason in subsection (I), that the licence, permit or certificate of registration should be suspended or revoked, the Board may, by notice in writing to the inves_tor, suspend or revoke the licence, perm it or certificate ofregistration. ,' Zambia Development Agency (Amendment) [ No. 1 of 2910 5 ( 4) The Board shall not suspend or revoke a licence, pennit or certificate of registration where a holder takes remedial measures to the satisfaction of the Board, within such period as the Board may specify. (5) Where a licence, pennit or certificate ofregistration is suspended or revoked, the holder of the licence, pennit or certificate of registration shall cease to be entitled to the rights or benefits conferred under this Act with effect from the date of the suspension or revocation and- (a) in the case of a suspension, for the period of the suspension; and (b) in the case of a revocation, shall surrender the licence, pennit or certificate of registration to the Agency forthwith.

76. (1) TheBoard shall maintain orcauseto be maintained a Register of- (a) persons to whom licences, pennits or certificates of registration have been issued and the particulars of those persons; (b) the conditions attached to each licence, pennit or certificate ofregistration; (c) any amendments, suspensions or revocations of licences, permits or certificates ofregistration and the reasons for such decisions; and ( d) any renewal of licences, pennits or certificates of registration. Register of licences, permits and certificates of registration (2) The Register referred to under subsection(!) shall be open for inspection by members of the public, at all reasonable times, at the offic.es of the Agency, upon payment of a prescribed fee.

77. Where this Act requires the payment of a fee or any document, licence, pennit or certificate of registration to be issued or received, such payment, issuance or receipt may be done electronically, where applicable.

4. The principal Act is amended by the repeal of section eighty­ three.

5. The Third Schedule to the principal Act is amended in paragraph 2- Electronic submissions, payments, etc. Repeal of section 83 Amendment ; of Third • Schedule 6 [ No. 1 of 2010 Zambia Development Agency (Amendment) ( a) by the insertion immediately after sub-paragraph (7) of the following new sub-paragraph: (8) Where a member is for any reason unable to attend the meeting of the Board, a member may, in writing, nominate another person from the 5 same organisation to attend the meeting in that member's stead and such person shall be deemed to be a member for the purpose of that meeting.; and (b) by the renumbering of sub-paragraphs (8) and (9) as (9) and (I 0), respectively. 1